Amendment ASA1-AB954

AB954-ASA1,17,3 421.103 (2) Unless terms used in chs. 421 to 427 are defined by particular provisions of chs. 421 to 427, they shall have the meaning given them in chs. 401 to 411 and 429, if they are defined in chs. 401 to 411 and 429.

AB954-ASA1, s. 54 Section 54. 421.201 (5) of the statutes is amended to read:

AB954-ASA1,17,14 421.201 (5) Subchapters I and II of ch. 425, relating to creditors' remedies, including applicable penalties, apply to actions or other proceedings brought in this state to enforce rights arising from consumer transactions or extortionate extensions of credit, wherever made, but conduct, action or proceedings to recover collateral or goods subject to a motor vehicle consumer lease shall be governed by the law of the state where the collateral is or goods subject to a motor vehicle consumer lease are located at the time of its recovery unless the collateral is or goods subject to a motor vehicle consumer lease are owned by a Wisconsin resident, who has removed it the collateral or goods from this state only for purposes of transportation to or use in the resident's employment or for temporary periods which do not exceed 15 days.

AB954-ASA1, s. 55 Section 55. 421.202 (6) of the statutes is amended to read:

AB954-ASA1,17,19 421.202 (6) Consumer credit transactions in which the amount financed exceeds $25,000, motor vehicle consumer leases in which the total lease obligation exceeds $25,000 or other consumer transactions in which the cash price exceeds $25,000;

AB954-ASA1, s. 56 Section 56. 421.202 (7) of the statutes is amended to read:

AB954-ASA1,17,21 421.202 (7) Transactions subject to ch. 428; or

AB954-ASA1, s. 57 Section 57. 421.202 (8) of the statutes is amended to read:

AB954-ASA1,17,24 421.202 (8) Transactions in securities accounts or securities transactions by or with a broker-dealer, as defined in s. 551.02 (3), licensed under ch. 551.; or

AB954-ASA1, s. 58 Section 58. 421.202 (9) of the statutes is created to read:

AB954-ASA1,18,2 421.202 (9) Leases of motor vehicles that are not motor vehicle consumer leases under s. 421.301 (25m).

AB954-ASA1, s. 59 Section 59. 421.301 (20) (intro.) of the statutes is amended to read:

AB954-ASA1,18,12 421.301 (20) (intro.) "Finance charge" means the sum of all charges, payable directly or indirectly by the customer as an incident to or as a condition of the extension of credit, whether paid or payable by the customer, the creditor or any other person on behalf of the customer to the creditor or to a 3rd party unless the creditor had no notice or knowledge of the charges paid or payable to the 3rd party. The term does not include any charge with respect to a motor vehicle consumer lease. The term includes the following types of charges to the extent they are not permitted additional charges under s. 422.202 or, delinquency charges (under s. 422.203 ) or deferral charges (under s. 422.204):

AB954-ASA1, s. 60 Section 60. 421.301 (25m) of the statutes is created to read:

AB954-ASA1,18,15 421.301 (25m) "Motor vehicle consumer lease" has the meaning given for "consumer lease" in s. 429.104 (9).

AB954-ASA1, s. 61 Section 61. 421.301 (35) of the statutes is amended to read:

AB954-ASA1,18,20 421.301 (35) "Precomputed" with respect to a consumer credit transaction means a consumer credit transaction, other than a motor vehicle consumer lease, in which debt is expressed as a single sum comprised of the amount financed and the finance charge computed in advance.

AB954-ASA1, s. 62 Section 62. 421.301 (43m) of the statutes is created to read:

AB954-ASA1,18,23 421.301 (43m) "Total lease obligation" means the sum of all of the following with respect to a motor vehicle consumer lease:

AB954-ASA1,18,24 (a) All scheduled periodic payments under the lease.

AB954-ASA1,18,25 (b) Capitalized cost reduction, as defined in s. 429.104 (6).

AB954-ASA1, s. 63 Section 63. 422.201 (4) of the statutes is repealed.

AB954-ASA1, s. 64 Section 64. 422.201 (7) (intro.) and (a) of the statutes are amended to read:

AB954-ASA1,19,6 422.201 (7) (intro.) Subject to classifications and differentiations the merchant may reasonably establish, the merchant may make the same finance charge on all amounts financed within a specified range. A finance charge so made does not violate sub. (2), or (3) or (4) as the case may be if:

AB954-ASA1,19,8 (a) When applied to the median amount within each range, it does not exceed the maximum permitted by sub. (2), or (3) or (4) as the case may be; and

AB954-ASA1, s. 65 Section 65. 422.201 (8), (9) and (12) of the statutes are amended to read:

AB954-ASA1,19,16 422.201 (8) That portion of the finance charge consisting of an amount equal to a discount of 5% or less of the stated price which is offered to induce payment in full within a stated period of time in connection with a sale for agricultural purposes or a sale of particular goods and services for which credit is not otherwise available from the merchant shall not be included in the finance charge for the purpose of determining the maximum rate of finance charge under sub. (2), or (3) or (4) with respect to a customer who does not pay in full within such time.

AB954-ASA1,19,20 (9) Notwithstanding sub. (2), or (3) or (4), a merchant may contract for and receive a minimum finance charge with respect to a transaction other than one pursuant to an open-end credit plan, of not more than $5 when the amount financed does not exceed $75, or $7.50 when the amount financed exceeds $75.

AB954-ASA1,19,23 (12) Except as provided in sub. (4), this This section does not apply to a consumer credit transaction primarily for an agricultural purpose if the transaction occurs on or after April 6, 1980.

AB954-ASA1, s. 66 Section 66. 422.202 (1) (b) (intro.) of the statutes is amended to read:

AB954-ASA1,20,6 422.202 (1) (b) (intro.) Charges or premiums for insurance against loss of or damage to property in which the creditor takes a security interest or to property leased under a motor vehicle consumer lease or against liability arising out of the ownership or use of property in which the creditor takes a security interest or of property leased under a motor vehicle consumer lease, if all of the following conditions are met:

AB954-ASA1, s. 67 Section 67. 422.202 (1) (e) of the statutes is created to read:

AB954-ASA1,20,11 422.202 (1) (e) With respect to a motor vehicle consumer lease, any reasonable fee or charge that is conspicuously disclosed in writing to the prospective lessee before execution of the motor vehicle consumer lease, is agreed upon by the lessor and lessee and is not prohibited by chs. 421 to 427 and 429.

AB954-ASA1, s. 68 Section 68. 422.207 (1) of the statutes is amended to read:

AB954-ASA1,20,25 422.207 (1) With respect to a consumer credit transaction the parties may, to the extent not prohibited by chs. 421 to 427 and 429, agree that the customer will perform certain duties with respect to preserving or insuring collateral or goods subject to a motor vehicle consumer lease, if such duties are reasonable in relation to the risk of loss of or damage to the collateral or goods. If the customer fails to so perform the creditor may, if authorized by the agreement, pay for the performance of such duties on behalf of the customer. The amount paid may be added to the unpaid balance of the customer's obligation, if, in the absence of performance, the merchant has made all expenditures on behalf of the customer in good faith and in a commercially reasonable manner and except in the case of a transaction for an agricultural purpose where the collateral is perishable and threatens to decline speedily in value, the merchant has given the customer written notice of the nonperformance and reasonable opportunity after such notice to so perform.

AB954-ASA1, s. 69 Section 69. 422.208 of the statutes is amended to read:

AB954-ASA1,21,7 422.208 Right to prepay. Subject to s. 422.209 and, with respect to a motor vehicle consumer lease, s. 429.207, the customer may prepay in full or in any part, at any time without penalty, the unpaid balance of any consumer credit transaction other than a transaction secured by a first lien mortgage or equivalent security interest on real estate with an original term of 10 years or more and on which the annual percentage rate disclosed pursuant to subch. III is 10% or less.

AB954-ASA1, s. 70 Section 70. 422.303 (3) (intro.) of the statutes is amended to read:

AB954-ASA1,21,13 422.303 (3) (intro.) Except as provided in sub. (4), every writing evidencing the customer's obligation to pay under a consumer credit transaction other than one pursuant to an open-end credit plan or a motor vehicle consumer lease, shall contain immediately above or adjacent to the place for the signature of the customer, a clear, conspicuous, printed or typewritten notice in substantially the following language:

AB954-ASA1, s. 71 Section 71. 422.413 (1) of the statutes is amended to read:

AB954-ASA1,21,19 422.413 (1) Except as provided in subs. (2) and (2g), no term of a writing evidencing a consumer credit transaction may provide for any charges as a result of default by the customer other than reasonable expenses incurred in the disposition of collateral or goods subject to a motor vehicle consumer lease and such other charges as are specifically authorized by chs. 421 to 427 and 429.

AB954-ASA1, s. 72 Section 72. 422.417 (2) of the statutes is amended to read:

AB954-ASA1,22,2 422.417 (2) With respect to a consumer lease, except as otherwise provided in s. 429.205 with respect to a motor vehicle consumer lease, a lessor may not take a security interest in any property of owned or leased by the customer other than the leased goods to secure the lessor's obligations under the lease. This subsection does not prohibit a security interest in a cash security deposit for a consumer lease of motor vehicles or agricultural equipment.

AB954-ASA1, s. 73 Section 73. 424.201 (1) and (2) of the statutes are amended to read:

AB954-ASA1,22,6 424.201 (1) Insurance issued as an isolated transaction on the part of the insurer not related to an agreement or plan for insuring customers of the creditor; or

AB954-ASA1,22,8 (2) Insurance indemnifying the creditor against loss due to the customer's default.; or

AB954-ASA1, s. 74 Section 74. 424.201 (3) of the statutes is created to read:

AB954-ASA1,22,12 424.201 (3) With respect to a motor vehicle consumer lease, a lessor's waiver of its contractual right to hold the lessee liable for any or all of the gap amount, as defined in s. 429.104 (12), if the waiver is granted without a separate charge.

AB954-ASA1, s. 75 Section 75. 424.301 (1) (intro.) of the statutes is amended to read:

AB954-ASA1,22,17 424.301 (1) (intro.) A creditor may not contract for a separate charge or receive a separate charge for insurance against loss of or damage to property in which the creditor holds a security interest or to property leased under a motor vehicle consumer lease unless all of the following conditions are met:

AB954-ASA1, s. 76 Section 76. 425.106 (1) (intro.) of the statutes is amended to read:

AB954-ASA1,22,24 425.106 (1) (intro.) Except to the extent that the merchant has a valid security interest which is permitted by chs. 421 to 427 and 429 or has a lien under ch. 779 in such property, or where the transaction is for medical or legal services and there has been no finance charge actually imposed, the following property of the customer shall be exempt from levy, execution, sale, and other similar process in satisfaction of a judgment for an obligation arising from a consumer credit transaction:

AB954-ASA1, s. 77 Section 77. 425.107 (4) of the statutes is amended to read:

AB954-ASA1,23,4 425.107 (4) Any charge or practice expressly permitted by chs. 421 to 427 and 429 is not in itself unconscionable but even though a practice or charge is authorized by chs. 421 to 427 and 429, the totality of a creditor's conduct may show that such practice or charge is part of an unconscionable course of conduct.

AB954-ASA1, s. 78 Section 78. 426.104 (1) of the statutes is amended to read:

AB954-ASA1,23,7 426.104 (1) In addition to other powers granted by chs. 421 to 427 and 429, the administrator within the limitations provided by law shall:

AB954-ASA1,23,11 (a) Receive and act on complaints, take action designed to obtain voluntary compliance with chs. 421 to 427 and 429, commence administrative proceedings on his or her own initiative and commence civil actions solely through the department of justice;

AB954-ASA1,23,13 (b) Counsel persons and groups on their rights and duties under chs. 421 to 427 and 429;

AB954-ASA1,23,15 (c) Make studies appropriate to effectuate the purposes and policies of chs. 421 to 427 and 429 and make the results available to the public;

AB954-ASA1,23,17 (d) Hold such public or private hearings as the administrator deems necessary or proper to effectuate the purposes and policies of chs. 421 to 427 and 429;

AB954-ASA1,23,20 (e) Adopt, amend and repeal rules to carry out the purposes and policies of chs. 421 to 427 and 429, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.

AB954-ASA1, s. 79 Section 79. 426.104 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB954-ASA1,24,4 426.104 (2) (intro.) The administrator shall report annually on practices in consumer transactions, on the use of consumer credit in the state, on problems attending the collection of debts, on the problems of persons of limited means in consumer transactions, and on the operation of chs. 421 to 427 and 429. For the purpose of making the report, the administrator may conduct research and make appropriate studies. The report shall be included in the report of the division of banking under s. 220.14 and shall include:

AB954-ASA1, s. 80 Section 80. 426.104 (2) (b) to (e) of the statutes are amended to read:

AB954-ASA1,24,7 426.104 (2) (b) A statement of policies followed in deciding whether to investigate or examine the offices of persons subject to chs. 421 to 427 and 429;

AB954-ASA1,24,9 (c) A statement of policies followed in deciding whether to bring any action authorized under chs. 421 to 427 and 429;

AB954-ASA1,24,11 (d) Such recommendations for modifications or additions to chs. 421 to 427 and 429 as in the experience and judgment of the administrator are necessary; and

AB954-ASA1,24,14 (e) Such other statements as are necessary or proper to achieve the purposes or policies of this section or to effectuate the purposes or policies of chs. 421 to 427 and 429.

AB954-ASA1, s. 81 Section 81. 426.104 (4) (a) of the statutes is amended to read:

AB954-ASA1,24,22 426.104 (4) (a) No provision of chs. 421 to 427 and 429 or of any statute to which chs. 421 to 427 and 429 refer which imposes any penalty shall apply to any act done or omitted to be done in conformity with any rule or order of the administrator or any written opinion, interpretation or statement of the administrator, notwithstanding that such rule, order, opinion, interpretation or statement may, after such act or omission, be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.

AB954-ASA1, s. 82 Section 82. 426.104 (4) (ab) 1. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB954-ASA1,25,4 426.104 (4) (ab) 1. Upon the request of any person, the administrator shall review any act, practice, procedure or form that has been submitted to the administrator in writing to determine whether the act, practice, procedure or form is consistent with chs. 421 to 427 and 429.

AB954-ASA1, s. 83 Section 83. 426.104 (4) (b) of the statutes is amended to read:

AB954-ASA1,25,13 426.104 (4) (b) Any act, practice or procedure which has been submitted to the administrator in writing and either approved in writing by the administrator or not disapproved by the administrator within 60 days after its submission to the administrator shall not be deemed to be a violation of chs. 421 to 427 and 429 or any other statute to which chs. 421 to 427 and 429 refer notwithstanding that the approval of the administrator or nondisapproval by the administrator may be subsequently amended or rescinded or be determined by judicial or other authority to be invalid for any reason.

AB954-ASA1, s. 84 Section 84. 426.105 of the statutes is amended to read:

AB954-ASA1,25,18 426.105 Administrative powers with respect to supervised financial organizations. (1) All powers and duties of the administrator under chs. 421 to 427 and 429 shall be exercised by the administrator with respect to a supervised financial organization.

AB954-ASA1,25,23 (2) If the administrator receives a complaint or other information concerning noncompliance with chs. 421 to 427 and 429 by a supervised financial organization, the administrator shall inform the official or agency having supervisory authority over the organization concerned. The administrator may request information about supervised financial organizations from the officials or agencies supervising them.

AB954-ASA1,26,3 (3) The administrator and any official or agency of this state having supervisory authority over a supervised financial organization shall consult and assist one another in maintaining compliance with chs. 421 to 427 and 429. They may jointly pursue investigations, prosecute suits and take other official action, as they deem appropriate, if either of them otherwise is empowered to take the action.

AB954-ASA1, s. 85 Section 85. 426.107 of the statutes is amended to read:

AB954-ASA1,26,8 426.107 Application of chapter 227. Except as otherwise provided, ch. 227 applies to and governs all administrative action taken by the administrator pursuant to chs. 421 to 427 and 429. Notwithstanding s. 227.52, the decisions of the administrator are subject to judicial review as provided in ch. 227.

AB954-ASA1, s. 86 Section 86. 426.109 of the statutes is amended to read:

AB954-ASA1,26,16 426.109 Temporary relief; injunctions. (1) The administrator or any customer may bring a civil action to restrain by temporary or permanent injunction a person from violating chs. 421 to 427 and 429 or the rules promulgated pursuant thereto, or to so restrain a merchant or a person acting on behalf of a merchant from engaging in false, misleading, deceptive, or unconscionable conduct in consumer credit transactions. It shall not be a defense to an action brought under this section that there exists an adequate remedy at law.

AB954-ASA1,27,7 (2) The administrator or customer may seek a temporary restraining order without written or oral notice to the adverse party or his or her attorney. If the court finds that there is reasonable cause to believe that the respondent is engaged in the conduct sought to be restrained and that such conduct violates chs. 421 to 427 and 429 or rules promulgated under chs. 421 to 427 and 429, it may grant a temporary restraining order or any temporary relief it deems appropriate. A temporary restraining order granted without notice shall expire by its terms within a stated time after entry, not to exceed 30 days, as the court fixes, unless within this time it is extended by the court, or unless the party against whom the order is directed consents that it may be extended for a longer period. When a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for a hearing at the earliest possible time. Upon notice to the party who obtained the temporary restraining order without notice, the adverse party may appear and move its dissolution or modification, and in this event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

AB954-ASA1, s. 87 Section 87. 426.110 (1) of the statutes is amended to read:

AB954-ASA1,27,18 426.110 (1) Either the administrator, or any customer affected by a violation of chs. 421 to 427 and 429 or of the rules promulgated pursuant thereto or by a violation of the federal consumer credit protection act, or by conduct of a kind described in sub. (2), may bring a civil action on behalf of himself or herself and all persons similarly situated, for actual damages by reason of such conduct or violation, together with penalties as provided in sub. (14), reasonable attorney fees and other relief to which such persons are entitled under chs. 421 to 427 and 429. The customer filing the action must give prompt notice thereof to the administrator, who shall be permitted, upon application within 30 days, to join as a party plaintiff. For purposes of apportionment of cost, the administrator need not be a party to the action.

AB954-ASA1, s. 88 Section 88. 426.110 (3) of the statutes is amended to read:

AB954-ASA1,28,2 426.110 (3) Notwithstanding this chapter, no class action may be maintained for conduct proscribed in sub. (2) or for a violation of s. 423.301, 424.501, 425.107, 426.108 or 427.104 (1) (h) unless the conduct has been found to constitute a violation of chs. 421 to 427 and 429 at least 30 days prior to the occurrence of the conduct involved in the class action by an appellate court of this state or by a rule promulgated by the administrator as provided in ss. 426.104 (1) (e) and 426.108 specifying with particularity the act or practice in question.

AB954-ASA1, s. 89 Section 89. 426.110 (14) of the statutes is amended to read:

AB954-ASA1,28,10 426.110 (14) A merchant shall not be liable in a class action for specific penalties (ss. under s. 425.302 (1) (a), 425.303 (1), 425.304 (1), 425.305 (1)) or 429.301 (1) for which it would be liable in individual actions by reason of violations of chs. 421 to 427 and 429 or of conduct prescribed in sub. (2) unless it is shown by a preponderance of the evidence that the violation was a wilful and knowing violation of chs. 421 to 427 and 429. No recovery in an action under this subsection may exceed $100,000.