Amendment ASA1-AB582

LRBs0413/3

ARG:kjf&jld:rs

2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 582

March 13, 2012 - Offered by Representative Petryk.

AB582-ASA1,1,3 An Act to create 409.109 (4) (n), chapter 420 and 421.202 (11) of the statutes; relating to: regulation of rental-purchase agreements and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB582-ASA1, s. 1 Section 1. 409.109 (4) (n) of the statutes is created to read:

AB582-ASA1,1,7 409.109 (4) (n) Any rental-purchase company that has filed notice as provided under s. 420.02 (1) and any rental-purchase agreement entered into by such a rental-purchase company.

AB582-ASA1, s. 2 Section 2. Chapter 420 of the statutes is created to read:

AB582-ASA1,1,9 CHAPTER 420

AB582-ASA1,1,10 RENTAL-PURCHASE COMPANIES

AB582-ASA1,1,11 420.01 Definitions. In this chapter:

AB582-ASA1,2,4 (1) "Cash price" means the price at which a rental-purchase company would sell rental property to the lessee of the rental property if the lessee were to pay for the rental property in full on the date on which the rental-purchase agreement is executed.

AB582-ASA1,2,5 (2) "Department" means the department of financial institutions.

AB582-ASA1,2,9 (3) "Rental property" means property rented under a rental-purchase agreement but does not include any motor vehicle, as defined in s. 340.01 (35), or any musical instrument that is intended to be used in whole or in part in an elementary school or high school.

AB582-ASA1,2,12 (4) "Rental-purchase agreement" means an agreement between a rental-purchase company and a lessee for the use of rental property if all of the following apply:

AB582-ASA1,2,14 (a) The rental property is to be used primarily for personal, family, or household purposes.

AB582-ASA1,2,16 (b) The agreement has an initial term of 4 months or less and is renewable with each payment after the initial term.

AB582-ASA1,2,18 (c) The agreement does not obligate or require the lessee to renew the agreement beyond the initial term.

AB582-ASA1,2,20 (d) The agreement permits, but does not obligate, the lessee to acquire ownership of the rental property.

AB582-ASA1,2,23 (5) "Rental-purchase company" means a person engaged in the business of entering into rental-purchase agreements in this state or acquiring rental-purchase agreements that are entered into in this state.

AB582-ASA1,3,3 420.02 Notice to the department. (1) Notice. (a) Except as provided in par. (b), a rental-purchase company shall file notice with the department, in the form and manner prescribed by the department, within 30 days after commencing business in this state. A separate notice is required for each place of business maintained by the rental-purchase company.

AB582-ASA1,3,8 (b) A rental-purchase company that generates less than 75 percent of its total revenues in this state from transactions involving rental-purchase agreements may elect not to file notice with the department under par. (a) and, upon informing the department of this election in a manner prescribed by the department, shall not be governed by the provisions of this chapter.

AB582-ASA1,3,12 (2) Fee. For each location for which a notice is filed under sub. (1), the rental-purchase company shall pay to the department an annual fee of $1,000. If a rental-purchase company fails to timely pay the annual fee, the department shall order the rental-purchase company to cease operating until the annual fee is paid.

AB582-ASA1,3,15 420.03 General requirements of disclosure. (1) Form, location, size, and time of disclosure. The information that is required to be disclosed under s. 420.04 shall satisfy all of the following:

AB582-ASA1,3,16 (a) The information shall be clearly and conspicuously disclosed.

AB582-ASA1,3,17 (b) The information shall be disclosed in writing.

AB582-ASA1,3,21 (c) The information shall be disclosed in the rental-purchase agreement above the line for the lessee's signature. Multiple pages or backs of pages may be used as long as the face of the rental-purchase agreement is signed by the lessee and other pages are signed or initialed by the lessee.

AB582-ASA1,3,23 (d) Except as provided in par. (f), the information shall be disclosed in not less than 8-point standard type.

AB582-ASA1,3,25 (e) The information shall be disclosed before the time that the lessee becomes legally obligated under the rental-purchase agreement.

AB582-ASA1,4,4 (f) The disclosures required by s. 420.04 (2), (3), (4), and (7) shall be printed in at least 10-point boldface type on the face of the rental-purchase agreement, and shall be grouped together in a box, in the form and order prescribed by the administrator.

AB582-ASA1,4,9 (2) Accuracy of disclosure. The information required under s. 420.04 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 any provision of this chapter relating to rental-purchase agreements.

AB582-ASA1,4,14 (3) Copy of rental-purchase agreement. The rental-purchase company shall provide the lessee with a copy of the completed rental-purchase agreement signed by the lessee. If more than one lessee is legally obligated under the same rental-purchase agreement, delivery of a copy of the completed rental-purchase agreement to one of the lessees shall satisfy this subsection.

AB582-ASA1,4,17 420.04 Required provisions of rental-purchase agreement. A rental-purchase company shall include all of the following information, to the extent applicable, in every rental-purchase agreement:

AB582-ASA1,4,22 (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 new rental property is used shall not be a violation of this subchapter.

AB582-ASA1,4,23 (2) Cash price. The cash price of the rental property.

AB582-ASA1,5,2 (3) Rental payments to acquire ownership. The total number, total dollar amount, and timing of all rental payments necessary to acquire ownership of the rental property, excluding any applicable taxes, application or processing charge, delivery fee, liability damage waiver fee, and fees for optional services.

AB582-ASA1,5,9 (4) Cost of rental services. The difference between the total dollar amount of payments necessary to acquire ownership of the rental property disclosed under sub. (3) and the cash price of the property disclosed under sub. (2). The rental-purchase company shall also include a statement substantially similar to the following: "The cost of rental services is the amount you will pay in addition to the cash price if you acquire ownership of the rented goods by making all payments necessary to acquire ownership."

AB582-ASA1,5,11 (5) Periodic payment. The rental payment and any applicable taxes and fees for optional services to which the lessee agrees.

AB582-ASA1,5,15 (6) Up-front payment. The total amount of the initial payment to be made by the lessee at the time that the agreement is executed or the rental property is delivered, including the initial rental payment, any application or processing charge, any delivery fee, and fees for other optional services to which the lessee agrees.

AB582-ASA1,5,19 (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 total dollar amount of all rental payments disclosed under sub. (3), and the total dollar amount of all required fees and taxes.

AB582-ASA1,5,22 (8) Other charges. An itemized description of any other charges or fees that the rental-purchase company may charge upon the occurrence of a contingency specified in the rental-purchase agreement, such as late fees.

AB582-ASA1,5,25 (9) Summary of early-purchase option. A statement summarizing the terms of the lessee's options to acquire ownership of the rental property as provided in s. 420.06 (3).

AB582-ASA1,6,7 (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.

AB582-ASA1,6,16 (11) Service and warranty. A statement that during the term of the rental- purchase agreement, the rental-purchase company is required to service the rental property and 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 with substitute property of comparable quality and condition. 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.

AB582-ASA1,6,19 (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.

AB582-ASA1,6,21 (13) Right to reinstate. A brief explanation of the lessee's right to reinstate a rental-purchase agreement under s. 420.07.

AB582-ASA1,7,2 (14) Rental, not purchase. A statement 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 rental-purchase company may repossess the property."

AB582-ASA1,7,6 (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 rental-purchase agreement is executed.

AB582-ASA1,7,13 (16) Optional services. Space for a specific, separately signed or initialed, affirmative, written indication of the lessee's desire for any optional service for which a charge is assessed. The lessee's request must be obtained after a written disclosure of the cost of the optional service is made, and the disclosure of the cost and purpose of such service must be listed at or near the affirmation space. This requirement is satisfied by a separate written agreement for an optional service that meets the requirements of this subsection.

AB582-ASA1,7,15 420.05 Prohibited provisions of rental-purchase agreements. A rental-purchase agreement may not contain any of the following:

AB582-ASA1,7,16 (1) Confession. A confession of judgment.

AB582-ASA1,7,21 (2) Repossession. A provision authorizing a rental-purchase company, or an agent of the rental-purchase company, to enter the lessee's residence without the lessee's permission, or to commit a breach of the peace in the repossession of rental property provided by the rental-purchase company under the rental-purchase agreement.

AB582-ASA1,7,25 (3) 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 an agent of the rental-purchase company, or a waiver of any provision of this chapter relating to rental-purchase agreements.

AB582-ASA1,8,3 (4) Overpayment. A provision requiring rental payments totaling more than the total dollar amount of all rental payments necessary to acquire ownership, as disclosed in the rental-purchase agreement.

AB582-ASA1,8,5 (5) Insurance. A provision requiring the lessee to purchase insurance from the rental-purchase company to insure the rental property.

AB582-ASA1,8,6 (6) Attorney fees. A provision requiring the lessee to pay any attorney fees.

AB582-ASA1,8,9 420.06 Price and cost limitations. (1) Limits on cash prices. The cash price for rental property offered by a rental-purchase company may not exceed the greater of the following:

AB582-ASA1,8,11 (a) An amount equal to twice the actual purchase price of the rental property, including any applicable freight charges, paid by the rental-purchase company.

AB582-ASA1,8,14 (b) The price at which property of like type and quality is offered, in the ordinary course of business, for sale for cash in the market area of the rental-purchase store where the property is offered for rental purchase.

AB582-ASA1,8,19 (2) Limits on cost of rental services and other charges. The total amount charged by the rental-purchase company for all required charges or fees, excluding applicable taxes and any late fees or reinstatement fees, in a rental-purchase transaction shall not exceed twice the maximum cash price of the property as determined under sub. (1).

AB582-ASA1,9,4 (3) Acquisition of ownership. At any time after the initial rental period under a rental-purchase agreement, if a lessee affirmatively elects an early-purchase option, the lessee may acquire ownership of the rental property by tendering an amount not to exceed 55 percent of the difference between the total of rental payments necessary to acquire ownership of the rental property and the total amount of rental payments paid for use of the rental property at that time, plus applicable taxes, except that the lessee's early-purchase option amount may not be less than the amount of one rental payment. Before a lessee acquires ownership of the rental property as provided under this subsection, a rental-purchase company may first require the lessee to pay any accrued unpaid rental payments and fees.

AB582-ASA1,9,8 (4) Annual percentage rate disclosure not required. A rental-purchase company shall not be required to disclose, in a rental-purchase agreement or otherwise, any percentage rate calculation, including a time-price differential, an annual percentage rate, or an effective annual percentage rate.

AB582-ASA1,9,12 420.07 Reinstatement of a rental-purchase agreement. (1) Reinstatement generally. Subject to sub. (2), a lessee may reinstate a rental-purchase agreement that has ended without losing any rights or options previously acquired if all of the following apply:

AB582-ASA1,9,14 (a) The lessee voluntarily returned or surrendered the rental property within 7 days after the expiration of the rental-purchase agreement.

AB582-ASA1,9,16 (b) Not more than 120 days have passed after the date on which the rental-purchase agreement ended.

AB582-ASA1,9,20 (2) Authorized conditions on reinstatement. As a condition of reinstatement under sub. (1), 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 rental payment for the next term.

AB582-ASA1,9,24 (3) Effect of repossession on reinstatement. Subject to s. 420.05 (2), nothing in this section prohibits a rental-purchase company from repossessing or attempting to repossess rental property when a rental-purchase agreement ends, but such efforts do not affect the lessee's right to reinstate as long as the rental property is voluntarily returned or surrendered within 7 days after the rental-purchase agreement ends.

AB582-ASA1,10,7 (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 property of comparable quality and condition.

AB582-ASA1,10,11 (5) Notice of reinstatement rights. If the lessee is entitled to reinstatement under subs. (1) and (2), within 15 days of repossession or voluntary return or surrender of the rental property, the rental-purchase company shall provide written notice to the lessee of the lessee's rights and obligations under this section.

AB582-ASA1,10,14 420.08 Receipts and statements. (1) Receipts. A rental-purchase company shall provide a written receipt to the lessee for any payment made by the lessee in cash or, upon the request of the lessee, for any other type of payment.

AB582-ASA1,10,23 (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 on each rental-purchase agreement between the lessee and the rental-purchase company. A rental-purchase company is not required to provide a statement covering any rental-purchase agreement that ended more than one year prior to the date of the lessee's request. A rental-purchase company may provide a single statement covering all rental-purchase agreements or separate statements for each rental-purchase agreement, at the rental-purchase company's option.

AB582-ASA1,11,3 (3) Statement due to other parties. Subject to sub. (4), upon the written request of a lessee, made during the term of or no later than one year after the rental-purchase agreement ended, a rental-purchase company shall provide a written statement to any person the lessee designates, showing the lessee's payment history under the rental-purchase agreement.

AB582-ASA1,11,8 (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.

AB582-ASA1,11,12 420.09 Advertising disclosure required. If an advertisement for a rental-purchase agreement states the amount of a payment for a specific item of property, the advertisement shall also clearly and conspicuously state all of the following:

AB582-ASA1,11,13 (1) That the transaction advertised is a rental-purchase agreement.

AB582-ASA1,11,15 (2) The total number and total dollar amount of all rental payments necessary to acquire ownership of the property.

AB582-ASA1,11,17 (3) That the lessee does not acquire ownership of the property if the lessee fails to make all payments necessary to acquire ownership of the property.

AB582-ASA1,11,21 420.10 Price cards displayed. (1) Price cards generally. Except as provided in sub. (2), a card or tag that clearly and conspicuously states all of the following shall be displayed on or next to any property displayed or offered by a rental-purchase company for rent under a rental-purchase agreement: