Wisconsin Administrative Code › Department of Financial Institutions › DFI-WCA 1 - Department of Financial Institutions-Wisconsin Consumer Act › Chapter DFI-WCA 1 - Wisconsin consumer act › Section DFI-WCA 1.85 - Discrimination; unconscionable conduct

Current through June 24, 2024
(1) DECLARATION OF
				POLICY. It is the declared policy of the state of Wisconsin that no person
				shall be discriminated against in the granting or extension of any form of
				credit, or in the capacity or privilege of obtaining any form of credit, on a
				prohibited basis. Such discrimination is hereby declared by the secretary of
				the department of financial institutions to be unconscionable conduct under
				authority of s. 426.108, Stats. The purpose of
				this rule is to eliminate discrimination in the granting of consumer credit on
				a prohibited basis and to outline steps by which merchants can avoid such
				unlawful conduct. This regulation shall not apply to merchants chartered by any
				Wisconsin administrative agency which issues a regulation prohibiting
				discrimination in the granting of consumer credit on a prohibited
				basis.
(2) UNCONSCIONABLE CONDUCT.
				Discrimination in the extension of consumer credit by a merchant to a customer
				on a prohibited basis shall be an unconscionable credit practice prohibited
				pursuant to s. 426.108, Stats. Discrimination
				in the extension of consumer credit on a prohibited basis shall mean any denial
				of credit, increase in the charge for credit, restriction on the amount or use
				of credit, a different application procedure or the application of different
				credit criteria based on a prohibited basis and shall include, but not be
				limited to:
(a) The application of different
				credit criteria resulting in less favorable treatment in the granting of credit
				to women,
(b) A requirement that a
				customer who is contractually liable reapply for credit upon a change in name
				or marital status or a termination of credit to a customer who is contractually
				liable following a change in the customer's name or marital status without
				evidence of an unfavorable change in the customer's credit
				worthiness,
(c) A refusal to grant
				credit to a qualified customer in that person's birth-given first name and
				surname or a birth-given first name and a combined surname,
(d) A requirement that a spouse co-sign the
				credit application, debt instrument, or other document signed by the applicant
				spouse unless such signature is required by statute or such requirement is
				imposed without regard to sex or marital status on all similarly qualified
				customers who apply for a similar type and amount of credit except that with
				respect to secured credit the signature of a spouse on a document necessary to
				create a valid lien, convey clear title or waive inchoate or survivorship
				rights to property, may be required where the merchant's standards of credit
				worthiness require without regard to the applicant's sex or marital status
				security or collateral as a condition of the extension of credit in the amount
				requested,
(e) To evaluate any
				source of income including maintenance, alimony and child support on any basis
				other than its amount, its regularity and the period of receipt as of the date
				of the application together with any particular factors affecting the
				likelihood of continued payment, and
(f) Requesting information about birth
				control practices or child bearing intentions or capability of any customer or
				customer's spouse.