344.574(2)(b)3.
3. Any administrative charges, including the cost of appraisal, or other costs or expenses that are incidental to the damage to the private passenger vehicle.
344.574(2)(c)
(c) A rental company may not hold the renter liable for any amounts that the rental company has recovered from an authorized driver. A rental company may not hold an authorized driver liable for any amounts that the rental company has recovered from the renter.
344.574(4)
(4) Inspection and estimates. A rental company may not collect or attempt to collect the amount described in
sub. (2) (a) from the renter or authorized driver or the insurer of the renter or authorized driver unless the rental company satisfies all of the following:
344.574(4)(a)
(a) Allows the renter or authorized driver who may be liable under
sub. (1) (b) and the insurer of the renter or authorized driver to inspect the unrepaired rented private passenger vehicle within 2 working days after the rental company is notified of the damage. Upon receiving notice of the damage, the rental company shall promptly notify the renter or authorized driver who may be liable under
sub. (1) (b) of his or her right and his or her insurer's right to inspect the private passenger vehicle.
344.574(4)(b)
(b) Obtains an estimate on the costs of repairing the private passenger vehicle, makes a copy of the estimate available upon request to the renter or authorized driver who may be liable under
sub. (1) (b) or the insurer of the renter or authorized driver who may be liable under
sub. (1) (b) and submits a copy of the estimate with any claim to collect the amount described in
sub. (2) (a). If requested within 2 working days of giving to the renter or authorized driver the notice required under
par. (a), the rental company shall obtain a 2nd estimate from a competing repair shop and make a copy available to the requester.
344.574 History
History: 1989 a. 328;
2005 a. 173.
344.576(1)(1)
Offer and sale restricted. A rental company may not offer or sell a damage waiver in conjunction with a rental agreement unless the terms of the damage waiver comply with
sub. (2) and the renter is provided the notice required under
sub. (3).
344.576(2)
(2) Terms. Every damage waiver shall provide that the rental company may not hold the renter or authorized driver liable for any amount that the renter or authorized driver might otherwise be liable for under
s. 344.574 (2) (a) for damage to the rented private passenger vehicle, unless any of the following applies:
344.576(2)(a)
(a) The damage is caused by the renter or authorized driver intentionally or by his or her reckless or wanton misconduct.
344.576(2)(b)
(b) The damage occurs while the renter or authorized driver operates the private passenger vehicle in this state while under the influence of an intoxicant or other drug, as described under
s. 346.63 (1) (a),
(am), or
(b) or
(2m).
344.576(2)(c)
(c) The damage occurs while the renter or authorized driver operates the private passenger vehicle in another state while under the influence of an intoxicant or other drug, as described in the laws of that state.
344.576(2)(d)
(d) The damage occurs while the renter or authorized driver is engaged in a race or speed or endurance contest.
344.576(2)(e)
(e) The damage occurs while the renter or authorized driver is using, or has directed another to use, the private passenger vehicle in the commission of a misdemeanor or felony, as those terms are defined in
s. 939.60.
344.576(2)(f)
(f) The damage occurs while the renter or authorized driver uses the private passenger vehicle to carry persons or property for hire.
344.576(2)(g)
(g) The damage occurs while the renter or authorized driver uses the private passenger vehicle outside of the United States or Canada, unless use outside the United States or Canada is permitted under the rental agreement.
344.576(2)(h)
(h) The damage occurs while the private passenger vehicle is operated on a surface not intended for use by private passenger vehicles.
344.576(2)(i)
(i) The renter provided misleading or false information to the rental company, causing the rental company to rent the private passenger vehicle when the rental company would not have otherwise done so, or on terms to which it would not have otherwise agreed.
344.576(2)(j)
(j) The renter or the authorized driver who was operating the private passenger vehicle when an accident occurred fails to promptly report to the police and rental company the accident resulting in damage to the private passenger vehicle.
344.576(2)(k)
(k) The damage occurs while the private passenger vehicle is operated by someone other than an authorized driver as defined in
s. 344.57 (2). This paragraph does not apply if the vehicle has been lost or a theft has occurred and the renter is presumed to have not caused the theft or loss intentionally under
s. 344.574 (1) (a) 3.
344.576(3)(a)(a) A rental company that offers or sells a damage waiver shall provide to each renter a written notice that is part of the rental agreement or on a separate form described in the rule under
par. (c) and that includes all of the following:
344.576(3)(a)2.
2. A statement that the liability of the renter or authorized driver under
s. 344.574 (2) (a) may be covered by the renter's or authorized driver's personal motor vehicle insurance policy or by an agreement under which the renter or authorized driver has obtained a credit card.
344.576(3)(a)5.
5. The address and telephone number of the department of agriculture, trade and consumer protection.
344.576(3)(b)
(b) A rental company that offers or sells a damage waiver shall provide the notice described in
par. (a) to each renter before the renter enters into a rental agreement. If a separate form is used to give notice under
par. (a), the rental company shall give each renter one copy of the notice signed by him or her and shall retain one copy in its files.
344.576(3)(c)
(c) The department of agriculture, trade, and consumer protection shall promulgate rules specifying the form of the notice required under
par. (a), including the type size and any highlighting of the information described in
par. (a) and, in the case of a separate form, the size of the paper. The rule may specify additional information that must be included in the notice and the precise language that must be used.
344.576 Cross-reference
Cross Reference: See also s.
ATCP 118.01, Wis. adm. code.
344.577
344.577
Advertisement or representation. 344.577(1)
(1)
Definition. In this section, "advertisement or representation" means any oral, written or graphic statement which is made in connection with the solicitation of the rental of a private passenger vehicle.
344.577(2)
(2) Damage waiver charge. If a rental company or an employee or agent of a rental company disseminates or makes in this state an advertisement or representation that includes a statement of the rental rate for a private passenger vehicle available for rent from a location in this state, the advertisement or representation shall also include a statement of the charge for any damage waiver offered by the rental company in conjunction with the rental of that private passenger vehicle and a statement that purchase of the damage waiver is optional.
344.577 History
History: 1989 a. 328.
344.578
344.578
Credit card for deposit or damages. 344.578(1)
(1)
Prohibited deposits; collection of damages. Except as provided in this subsection, in
sub. (2), or in
s. 345.28 (5w), a rental company may not charge a credit card belonging to a renter as a deposit for damages for which the renter may be held liable under the rental agreement or under
s. 344.574 (2) (a) or for any other charges. If a rented private passenger vehicle is damaged or if the renter owes any other charges provided for in the rental agreement, the rental company may charge a credit card belonging to the renter as payment for the damages for which the renter is liable under
s. 344.574 (2) (a) or for any other charges provided for in the rental agreement only if the rental company obtains the renter's authorization to use that credit card for payment and the authorization is obtained after the total amount of the renter's liability or other charges is determined and before the rental company processes the credit card charge.
344.578(2)
(2) Deposit for rental fees. If authorized by the renter, a rental company may charge a credit card belonging to the renter as a deposit for the estimated cost of the rental, as determined under this subsection. The estimated cost of the rental may not exceed an amount equal to the daily rental rate specified in the rental agreement, which may include the daily charge for a damage waiver if purchased by the renter, multiplied by the number of days specified in the agreement for which the private passenger vehicle is being rented.
344.579(2)
(2) Enforcement. The department of agriculture, trade and consumer protection shall investigate violations of
ss. 344.574,
344.576 (1),
(2) and
(3) (a) and
(b),
344.577 and
344.578. The department of agriculture, trade and consumer protection may on behalf of the state:
344.579(2)(b)
(b) Bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under
sub. (1).
344.579(3)
(3) Defense. Proof by a rental company that the rental company began an action to impose liability upon a renter or authorized driver, even though the renter had purchased a damage waiver sold under
s. 344.576, because of a good-faith mistake that an exception under
s. 344.576 (2) (a) to
(k) applied is a defense to a prosecution for a violation of the terms of the damage waiver under
s. 344.576 (2).
