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DFI-Bkg 75.10(1)(c) (c) A licensee shall not transmit information to the database using publicly accessible computers, computers that are not under the licensee's control, unsecured wireless connections, Wi-Fi connections, or other connections that are not secure.
DFI-Bkg 75.10(2) (2)Customer eligibility.
DFI-Bkg 75.10(2)(a)(a) If the database advises the licensee that an applicant is eligible for a payday loan, the licensee shall record a transaction identification number, generated by the database, on the applicant's loan document before entering into the payday loan.
DFI-Bkg 75.10(2)(b) (b) If the database advises the licensee that an applicant is ineligible for a payday loan, the licensee shall do all of the following:
DFI-Bkg 75.10(2)(b)1. 1. Inform the applicant of the applicant's ineligibility.
DFI-Bkg 75.10(2)(b)2. 2. Provide the applicant with the reason for the ineligibility determination given by the database.
DFI-Bkg 75.10(2)(b)3. 3. Instruct the applicant to contact the database provider if the applicant wants more specific information regarding the reason for ineligibility.
DFI-Bkg 75.10(2)(b)4. 4. Provide the applicant with the telephone number of the database provider.
DFI-Bkg 75.10(3) (3)Database updates.
DFI-Bkg 75.10(3)(a)(a) A licensee shall input all information requested by the database into the database when any of the following occur:
DFI-Bkg 75.10(3)(a)1. 1. A payday loan is consummated.
DFI-Bkg 75.10(3)(a)2. 2. A payday loan is repaid with the proceeds of a subsequent payday loan.
DFI-Bkg 75.10(3)(a)3. 3. A customer elects to enter into a repayment plan under s. 138.14 (11g), Stats.
DFI-Bkg 75.10(3)(a)4. 4. A customer's payday loan is paid in full.
DFI-Bkg 75.10(3)(a)5. 5. A customer elects to rescind his or her payday loan.
DFI-Bkg 75.10(3)(a)6. 6. A customer makes a payment on his or her payday loan.
DFI-Bkg 75.10(3)(a)7. 7. The licensee presents a check for payment or initiates an electronic fund transfer.
DFI-Bkg 75.10(3)(a)8. 8. A customer's check is dishonored or electronic fund transfer is denied.
DFI-Bkg 75.10(3)(a)9. 9. The licensee assesses a service charge for a dishonored check or denied electronic funds transfer.
DFI-Bkg 75.10(3)(a)10. 10. The licensee collects a service charge for a dishonored check or denied electronic funds transfer.
DFI-Bkg 75.10(3)(a)11. 11. The licensee determines a payday loan is in default.
DFI-Bkg 75.10(3)(a)12. 12. The licensee obtains a judgment against the customer.
DFI-Bkg 75.10(3)(a)13. 13. A customer satisfies a judgment.
DFI-Bkg 75.10(3)(a)14. 14. The licensee collects any court costs or attorney's fees from a customer.
DFI-Bkg 75.10(3)(a)15. 15. The licensee charges off a payday loan as uncollectible.
DFI-Bkg 75.10(3)(a)16. 16. The division or the database provider determines additional information needs to be submitted to the database.
DFI-Bkg 75.10(3)(b) (b) Except as set forth in sub. (4), information shall be entered into the database on the day the licensee becomes aware of the information.
DFI-Bkg 75.10(3)(c) (c) If a licensee becomes aware of any changes or errors in the information previously verified or transmitted by the licensee to the database, the licensee shall immediately update or correct the database.
DFI-Bkg 75.10(4) (4)Alternate process.
DFI-Bkg 75.10(4)(a)(a) If at the time a licensee receives a loan application the licensee is unable to access the database via the Internet due to technical difficulties occurring with the database, the licensee shall use the database provider's alternate process to obtain applicant eligibility information from the database.
DFI-Bkg 75.10(4)(b) (b) If a licensee makes a payday loan based on applicant eligibility information obtained from the database provider's alternate process, the licensee shall transmit to the database any remaining required information no later than 11:59 p.m. on the next business day following the date the database becomes accessible to the licensee via the Internet.
DFI-Bkg 75.10(4)(c) (c) If a licensee is required to transmit to the database information regarding a payday loan that has already been made but the licensee is unable to access the database via the Internet due to technical difficulties occurring with the database, the licensee shall transmit to the database the required information no later than 11:59 p.m. on the date that the database becomes accessible to the licensee via the Internet.
DFI-Bkg 75.10(4)(d) (d) Anytime a licensee is unable to access the database via the Internet due to technical difficulties occurring with the database, the licensee shall document in its records the technical problems it experienced and the date and time that it sought to access the database.
DFI-Bkg 75.10(5) (5)Record retention. Data shall be retained on the database until the database provider receives written approval from the department to archive, delete, or destroy specific information.
DFI-Bkg 75.10(6) (6)Transaction fee. By December 1 of each year the division shall determine and post on its website the amount of the database transaction fee that will be in effect for each payday loan made during the following calendar year.
DFI-Bkg 75.10(7) (7)Ceasing loan originations.
DFI-Bkg 75.10(7)(a)(a) The plan required by s. 138.14 (14) (o), Stats., shall be received by the division at least 10 business days before a licensee stops originating payday loans.
DFI-Bkg 75.10(7)(b) (b) The provisions of s. 138.14 (14) (d) 5., Stats., do not apply if a licensee is updating the database in accordance with a plan approved by the division under s. 138.14 (14) (o), Stats.
DFI-Bkg 75.10(8) (8)Implementation after January 1, 2011. In the event the database is not implemented or is not fully operational by January 1, 2011, the licensee shall have 60 days from the date the database is deemed fully operational by the division to enter all required information onto the database for all loans originated on or after January 1, 2011.
DFI-Bkg 75.10 History History: CR 10-098: cr. Register May 2011 No. 665, eff. 6-1-11.
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