AB393: Bill Text

AB393,15,11 (d) If the licensee fails to file a written response within the time provided under par. (b), files a timely written response but fails to request a contested case hearing under s. 227.42 or files a timely written response requesting a contested case hearing but, in the opinion of the division, the matter fails to satisfy all of the conditions specified in s. 227.42 (l) (a) to (d), the division may issue an order suspending or revoking the license. If the licensee files a timely written response containing a proper request for a contested case hearing under s. 227.42, any order of the division suspending or revoking the licensee's license shall be stayed pending completion of proceedings under ch. 227.

AB393,15,18 218.626 Modification of license. (1) Change in place of business. No licensee may change its place of business to another location without the prior approval of the division. A licensee shall provide the division with at least 15 days' prior written notice of a proposed change under this subsection and shall pay any applicable fees specified in the rules promulgated under s. 218.63 (3). Upon approval by the division of the new location, the division shall issue an amended license, specifying the date on which the amended license is issued and the new location.

AB393,16,3 (2) Other changes. Except as provided in sub. (1), a licensee shall notify the division of any material change to the information provided in the licensee's original application for a license under this subchapter or provided in a previous notice of change filed by the licensee with the division under this subsection. A licensee shall provide the notice required under this subsection within 10 days after the change. The licensee shall provide any additional information, data, and records about the change to the division within 20 days after the division requests the information, data, or records. The division shall determine the cost of investigating and processing the change. The licensee shall pay the division's cost within 30 days after the division demands payment.

AB393,16,7 (3) Division approval of other changes. Any change that is subject to the notice requirement under sub. (2) is subject to the approval of the division. In reviewing the change, the division shall apply the same criteria as the criteria for approval of an original license application.

AB393,16,12 218.628 Annual report; records. (1) Annual report. On or before March 31 of each year, a licensee shall file a report with the division giving such reasonable and relevant information as the division may require concerning the business and operations conducted by the licensee. The licensee shall make the report in the form prescribed by the division.

AB393,16,17 (2) Books and records. A licensee shall keep such books and records in the licensed location as, in the opinion of the division, will enable the division to determine whether the provisions of this subchapter are being observed. Every licensee shall preserve its records of a rent-to-own agreement for at least 3 years after making the final entry with respect to the rent-to-own agreement.

AB393,16,22 218.63 Powers and duties of division; administration. (1) Orders. The division may issue any general order, as defined in s. 217.02 (3), or special order, as defined in s. 217.02 (10), in execution of or supplementary to this subchapter, except that the division may not issue a general order or special order that conflicts with this subchapter.

AB393,17,11 (2) Investigations and examinations. For the purpose of discovering violations of this subchapter, the division may cause an investigation or examination to be made of the business of a licensee transacted under this subchapter. The place of business, books of accounts, papers, records, safes, and vaults of the licensee shall be open to the division for the purpose of an investigation or examination, and the division has authority to examine under oath all persons whose testimony is required for an investigation or examination. The division shall determine the cost of an investigation or examination. The licensee shall pay the cost of an investigation or examination. The licensee shall pay the cost of any hearing held for the purpose of this subsection, including witness fees, unless the division or a court finds that the licensee has not violated any provision of this subchapter. The licensee shall pay all costs owing under this subsection within 30 days after the division demands payment. The state may maintain an action for the recovery of any costs owing under this subsection.

AB393,17,13 (3) Rules. The division may promulgate rules for the administration of this subchapter.

AB393,17,16 (4) Testimonial powers and powers to secure evidence. The division has the same power to conduct hearings, take testimony, and secure evidence as is provided in ss. 217.17 and 217.18.

AB393,17,21 (5) Enforcement. The division has the duty, power, jurisdiction, and authority to investigate, ascertain, and determine whether this subchapter or any lawful orders issued under sub. (1) are being violated. The division may report violations of this subchapter to the attorney general or the district attorney of the proper county for prosecution.

AB393,17,24 218.632 General requirements of disclosure. (1) Form, location, size, and time of disclosure. The information required under s. 218.634 to be included in a rent-to-own agreement shall satisfy all of the following requirements:

AB393,17,25 (a) The information shall be clearly and conspicuously disclosed.

AB393,18,1 (b) The information shall be disclosed in writing.

AB393,18,3 (c) The information shall be disclosed on the face of the rent-to-own agreement above the line for the lessee's signature.

AB393,18,4 (d) The information shall be disclosed in not less than 8-point standard type.

AB393,18,6 (e) The information shall be disclosed before the time that the lessee becomes legally obligated under the rent-to-own agreement.

AB393,18,10 (2) Accuracy of disclosure. The information required under s. 218.634 must be accurate as of the time that it is disclosed to the lessee. If any information subsequently becomes inaccurate as a result of any act, occurrence, or agreement by the lessee, the resulting inaccuracy is not a violation of this subchapter.

AB393,18,15 (3) Copy of rent-to-own agreement. The rental-purchase company shall provide the lessee with a copy of the completed rent-to-own agreement signed by the lessee. If more than one lessee is legally obligated under the same rent-to-own agreement, delivery of a copy of the completed rent-to-own agreement to one of the lessees shall satisfy this subsection.

AB393,18,19 (4) Single instrument. In a rent-to-own agreement, the lessee's payment obligations shall be evidenced by a single instrument, which shall include the signature of the rental-purchase company, the signature of the lessee, and the date on which the instrument is signed.

AB393,18,22 218.634 Required provisions of rent-to-own agreement. A rental-purchase company shall include all of the following information, to the extent applicable, in every rent-to-own agreement:

AB393,19,2 (1) Description. A brief description of the rental property, sufficient to identify the rental property to the lessee and the rental-purchase company, including any identification number, and a statement indicating whether the rental property is new or used. A statement that incorrectly indicates that new rental property is used is not a violation of this subchapter.

AB393,19,8 (2) Cash price. The price at which the rental-purchase company would sell the rental property to the lessee if the lessee were to pay for the rental property in full on the date on which the rent-to-own agreement is executed, along with a statement that, if the lessee intends to acquire ownership of the rental property and is able to pay for the property in full or is able to obtain credit to finance the purchase, the lessee may be able to purchase similar property from a retailer at a lower cost.

AB393,19,9 (3) Rental payment. The periodic rental payment for the rental property.

AB393,19,14 (4) Up-front payment. Any payment required of the lessee at the time that the agreement is executed or at the time that the rental property is delivered, including the initial rental payment, any application or processing charge, any delivery fee, the applicable tax, and any charge for a liability damage waiver or for other optional services agreed to by the lessee.

AB393,19,17 (5) Periodic rental payments to acquire ownership. The total number, total dollar amount, and timing of all periodic rental payments necessary to acquire ownership of the rental property.

AB393,19,23 (6) Other charges and fees to acquire ownership. The dollar amount, both itemized and in total, of all taxes, liability damage waiver fees, fees for optional services, processing fees, application fees, and delivery charges that the lessee would incur if the lessee were to rent the rental property until the lessee acquires ownership, assuming that the lessee does not add or decline the liability damage waiver or optional services after signing the rent-to-own agreement.

AB393,20,6 (7) Total payments to acquire ownership. The total of all charges to be paid by the lessee to acquire ownership of the rental property, which shall consist of the sum of the total dollar amount of all periodic rental payments disclosed under sub. (5) and the total dollar amount of all other charges and fees disclosed under sub. (6), along with a statement that this is the amount a lessee will pay to acquire ownership of the rental property if the tax rates do not change and if the lessee does not add or decline the liability damage waiver or optional services after signing the rent-to-own agreement.

AB393,20,8 (8) Other charges. An itemized description of any other charges or fees that the rental-purchase company may charge the lessee.

AB393,20,16 (9) Summary of early-purchase option. A statement summarizing the terms of the lessee's option to acquire ownership of the rental property, including a statement indicating that the lessee has the right to acquire ownership of the rental property at any time after the first payment by paying all past-due payments and fees and an amount not to exceed an amount equal to the cash price of the rental property multiplied by a fraction that has as its numerator the number of periodic rental payments remaining under the rent-to-own agreement and that has as its denominator the total number of periodic rental payments.

AB393,20,23 (10) Responsibility for theft or damage. A statement that, unless otherwise agreed, the lessee is responsible for the fair market value of the rental property, determined according to the early-purchase option formula under sub. (9), if the rental property is stolen, damaged, or destroyed while in the possession of or subject to the control of the lessee. The statement shall indicate that the fair market value will be determined as of the date on which the rental property is stolen, damaged, or destroyed.

AB393,21,6 (11) Service and warranty. A statement that during the term of the rent-to-own agreement, the rental-purchase company is required to service the rental property to maintain it in good working condition, as long as no other person has serviced the rental property. In lieu of servicing the rental property, the rental-purchase company may, at its option, replace the rental property. The rental-purchase company's obligation to provide service is limited to defects in the property not caused by improper use or neglect by the lessee or harmful conditions outside the control of the rental-purchase company or manufacturer.

AB393,21,9 (12) Termination at option of lessee. A statement that the lessee may terminate the agreement at any time without penalty by voluntarily surrendering or returning the rental property in good repair.

AB393,21,11 (13) Right to reinstate. A brief explanation of the lessee's right to reinstate a rent-to-own agreement under s. 218.654.

AB393,21,19 (14) Rental, not purchase. A statement that the lessee will not own the rental property until the lessee has made all payments necessary to acquire ownership or has exercised the lessee's early-purchase option. The rental-purchase company shall also include a notice reading substantially as follows: "You are renting this property. You will not own the property until you make all payments necessary to acquire ownership or until you exercise your early-purchase option. If you do not make your payments as scheduled or exercise your early-purchase option, the lessor may repossess the property."

AB393,21,23 (15) Information about rental-purchase company and lessee. The names of the rental-purchase company and the lessee, the rental-purchase company's business address and telephone number, the lessee's address, and the date on which the rent-to-own agreement is executed.

AB393,22,3 218.636 Prohibited provisions of rent-to-own agreement. A rental-purchase company may not include any of the following provisions in a rent-to-own agreement:

AB393,22,4 (1) Confession. A confession of judgment.

AB393,22,7 (2) Security. A provision granting the rental-purchase company a security interest in any property except the rental property delivered by the rental-purchase company under the rent-to-own agreement.

AB393,22,11 (3) Repossession. A provision authorizing the rental-purchase company or an agent of the rental-purchase company to enter the lessee's premises or to commit a breach of the peace in the repossession of rental property provided by the rental-purchase company under the rent-to-own agreement.

AB393,22,15 (4) Waiver. A waiver of a defense or counterclaim, a waiver of any right to assert any claim that the lessee may have against the rental-purchase company or against an agent of the rental-purchase company, or a waiver of any provision of this subchapter.

AB393,22,18 (5) Overpayment. A provision requiring periodic rental payments totaling more than the total dollar amount of all periodic rental payments necessary to acquire ownership, as disclosed in the rental-purchase agreement.

AB393,22,20 (6) Insurance. A provision requiring the lessee to purchase insurance from the rental-purchase company to insure the rental property.

AB393,22,21 (7) Attorney fees. A provision requiring the lessee to pay attorney fees.

AB393,23,2 218.638 Liability waiver. A rental-purchase company may offer a liability waiver to the lessee. The terms of the waiver shall be provided to the lessee in writing, and the face of the writing shall clearly disclose that the lessee is not required to purchase the waiver. The fee for the waiver may not exceed 10% of the periodic rental payment due under the rent-to-own agreement. The lessee shall be entitled to cancel the waiver at the end of any rental term.

AB393,23,9 218.64 Early-purchase option. An early-purchase option under a rent-to-own agreement shall permit the lessee to purchase the rental property at any time after the initial periodic rental payment for an amount determined according to the early-purchase option formula under s. 218.634 (9). As a condition of exercising the early-purchase option, the rental-purchase company may require the lessee to be current on the payments under the lessee's rent-to-own agreement or to pay any past-due rental charges and other outstanding fees that are owed.

AB393,23,12 218.642 Receipts and statements. (1) Receipts. A rental-purchase company shall provide a written receipt to a lessee for any payment made by the lessee in cash, or upon the request of the lessee, for any other type of payment.

AB393,23,21 (2) Statement due to lessee. Subject to sub. (4), upon the request of a lessee, a rental-purchase company shall provide a written statement to the lessee showing the lessee's payment history under each rent-to-own agreement between the lessee and the rental-purchase company. A rental-purchase company is not required to provide a statement covering any rent-to-own agreement that terminated more than one year prior to the date of the lessee's request. A rental-purchase company may provide a single statement covering all rent-to-own agreements or separate statements for each rent-to-own agreement, at the rental-purchase company's option.

AB393,24,2 (3) Statement due to 3rd party. Subject to sub. (4), upon the written request of a lessee, made during the term of or no later than one year after the termination of a rent-to-own agreement, a rental-purchase company shall provide a written statement to any person designated by the lessee, showing the lessee's payment history under the rent-to-own agreement.

AB393,24,7 (4) Fee for statement. A lessee or, if appropriate, a lessee's designee is entitled to receive one statement under subs. (2) and (3) without charge once every 12 months. A rental-purchase company shall provide an additional statement if the lessee pays the rental-purchase company's reasonable costs of preparing and furnishing the statement.

AB393,24,12 218.644 Price cards displayed. (1) Price cards; generally. Except as provided under sub. (2), a rental-purchase company shall display a card or tag that clearly and conspicuously states all of the following information on or next to any property displayed or offered by the rental-purchase company for rent under a rent-to-own agreement:

AB393,24,13 (a) The cash price that an individual would pay to purchase the property.

AB393,24,15 (b) The amount of the periodic rental payment and the term over which the payment must be made.

AB393,24,17 (c) The total number and total dollar amount of all periodic rental payments necessary to acquire ownership of the property under a rent-to-own agreement.

AB393,24,18 (d) Whether the property is new or used.

AB393,24,23 (2) Exceptions. If property is offered for rent under a rent-to-own agreement through a catalog, or if the size of the property is such that displaying a card or tag on or next to the property is impractical, a rental-purchase company may make the disclosures required under sub. (1) in a catalog or list that is readily available to prospective lessees.

AB393,25,3 218.646 Advertising. (1) Disclosure required. Except as provided under sub. (2), if an advertisement for a rent-to-own agreement refers to or states the amount of a payment for a specific item of property, the rental-purchase company shall ensure that the advertisement clearly and conspicuously states all of the following:

AB393,25,4 (a) That the transaction advertised is a rent-to-own agreement.

AB393,25,6 (b) The total number and total dollar amount of all periodic rental payments necessary to acquire ownership of the property.

AB393,25,9 (c) That the lessee does not acquire ownership of the property if the lessee fails to make all periodic rental payments or other payments necessary to acquire ownership of the property.

AB393,25,12 (2) Exception. Subsection (1) does not apply to an in-store display or to an advertisement that is published in the yellow pages of a telephone directory or in a similar directory of businesses.

AB393,25,19 218.648 Referral transactions. (1) Prohibited referral transactions. No rental-purchase company may induce any individual to enter into a rent-to-own agreement by giving or offering to give a rebate or discount to the individual in consideration of the individual giving to the rental-purchase company the names of prospective lessees if the earning of the rebate or discount is contingent on the occurrence of any event that takes place after the time that the individual enters into the rent-to-own agreement.

AB393,25,25 (2) Authorized referral transactions. After entering into a rent-to-own agreement, a rental-purchase company may give or offer to give a rebate or discount to the lessee under the rent-to-own agreement in consideration of the lessee giving to the rental-purchase company the names of prospective lessees. A rebate or discount under this subsection may be contingent on the occurrence of any event that takes place after the time that the names are given to the rental-purchase company.

AB393,26,2 218.65 Termination of rent-to-own agreement. The termination date of a rent-to-own agreement is the earlier of the following:

AB393,26,5 (1) The day specified in the rent-to-own agreement as the day on which the rental term ends, unless a different day has been established pursuant to the terms of the rent-to-own agreement.

AB393,26,6 (2) The date on which the lessee voluntarily surrenders the rental property.

AB393,26,16 218.652 Late payment, grace period, and late fees. (1) Late fee; generally. If a lessee fails to make a periodic rental payment when due under a rent-to-own agreement or if, at the end of any rental term, the lessee fails to return the rental property or to renew the rent-to-own agreement for an additional term, the rental-purchase company may require the lessee to pay a late fee. Except as provided under sub. (4), this subsection does not apply if the lessee's failure to return the rental property or failure to renew the rent-to-own agreement at the end of the rental term is due to the lessee's exercise of an early-purchase option under the rent-to-own agreement or is due to the lessee making all periodic rental payments necessary to acquire ownership of the rental property.

AB393,26,18 (2) Grace periods. The following grace periods shall apply to periodic rental payments made with respect to a rental-purchase agreement:

AB393,26,21 (a) For an agreement that is renewed on a weekly basis, no late fee may be assessed for a periodic rental payment that is made within 2 days after the date on which the payment is due.

AB393,26,24 (b) For an agreement that is renewed for a term that is longer than one week, no late fee may be assessed for a periodic rental payment that is made within 5 days after the date on which the payment is due.

AB393,27,2 (3) Collection, recording, and limitation of late fees. Late fees are subject to all of the following limitations:

AB393,27,3 (a) A late fee may not exceed $5 for each past-due periodic rental payment.

AB393,27,5 (b) A late fee may be collected only once on each periodic rental payment due, regardless of how long the payment remains past due.

AB393,27,7 (c) Payments received shall be applied first to the payment of any rent that is due and then to late fees and any other charges.

AB393,27,9 (d) A late fee may be collected at the time that the late fee accrues or at any time afterward.

AB393,27,12 (4) Effect of outstanding late fee on transfer of ownership. A rental-purchase company may require payment of any outstanding late fees before transferring ownership of rental property to a lessee.

AB393,27,16 218.654 Reinstatement of terminated rent-to-own agreement. (1) Reinstatement, generally. A lessee may reinstate a terminated rent-to-own agreement without losing any rights or options previously acquired if all of the following conditions apply:

AB393,27,18 (a) The lessee returned or surrendered the rental property within 5 days after the termination of the rent-to-own agreement.

AB393,27,23 (b) Not more than 21 days have passed after the date on which the rental property was returned to the rental-purchase company or, if the lessee has paid two-thirds or more of the total number of periodic rental payments necessary to acquire ownership of the rental property, not more than 45 days have passed since the date on which the rental property was returned to the rental-purchase company.

AB393,28,2 (2) Authorized conditions on reinstatement. As a condition of reinstatement under this section, the rental-purchase company may require the payment of all past-due rental charges, any applicable late fees, a reinstatement fee not to exceed $5, and the periodic rental payment for the next term.

AB393,28,8 (3) Effect of repossession on reinstatement. Nothing in this section prohibits a rental-purchase company from attempting to repossess rental property upon termination of a rent-to-own agreement, but repossession efforts do not affect the lessee's right to reinstate the rent-to-own agreement as long as the rental property is voluntarily returned or surrendered within 5 days after the termination of the rent-to-own agreement.

AB393,28,13 (4) Property available upon reinstatement. Upon reinstatement, the rental-purchase company shall provide the lessee with the same rental property, if the property is available and is in the same condition as when it was returned to the rental-purchase company, or with substitute rental property of comparable quality and condition.

AB393,28,23 218.656 Reduced periodic rental payment due to reduced income. (1) Reduction in amount of periodic rental payments; required evidence. (a) Reduction in amount of periodic rental payments. If a lessee's monthly income is reduced by 25% or more due to pregnancy, disability, involuntary job loss, or involuntary reduction in the amount of hours worked or wages earned, the rental-purchase company shall reduce the amount of each periodic rental payment due under the rent-to-own agreement by the same percentage that the lessee's monthly income is reduced or by 50%, whichever is less, for the period of time during which the lessee's income is reduced. This paragraph applies only if all of the following conditions are satisfied:

AB393,29,3 1. The total dollar amount of periodic rental payments made by the lessee under the rent-to-own agreement equals more than 50% of the total dollar amount of periodic rental payments necessary to acquire ownership of the rental property.

AB393,29,5 2. The lessee has provided the rental-purchase company with reasonable evidence of the amount and cause of the reduction in the lessee's monthly income.

AB393,29,10 (b) Evidence of continued reduction in income. At reasonable intervals after reducing the amount of a periodic rental payment under par. (a), a rental-purchase company may require the lessee to provide evidence of the lessee's monthly income and evidence that the cause of the reduction in the lessee's monthly income has not abated.

AB393,29,15 (2) Increase in number of periodic rental payments. Except as provided in sub. (4), if a rental-purchase company reduces the amount of a periodic rental payment under sub. (1) (a), the rental-purchase company may increase the total number of periodic rental payments necessary to acquire ownership of the rental property.

AB393,29,21 (3) Increase in amount of periodic rental payments. Except as provided in sub. (4), if a rental-purchase company reduces the amount of a periodic rental payment under sub. (1) (a) and if, subsequently, the lessee's monthly income is increased, the rental-purchase company may increase, by the same percentage that the lessee's monthly income is increased, the amount of each periodic rental payment due after the date on which the lessee's monthly income is increased.

AB393,30,3 (4) Limitation on increases. If a rental-purchase company, under sub. (2) or (3), increases the amount or number of periodic rental payments due under a rent-to-own agreement, the increase affects only the rights or duties of the lessee to the extent authorized in sub. (2) or (3). No rental-purchase company, acting under sub. (2) or (3), may increase the total dollar amount of periodic rental payments necessary to acquire ownership of the rental property, or the amount of a periodic rental payment, to greater than the amount disclosed in the rent-to-own agreement.