CHAPTER 426
CONSUMER TRANSACTIONS — ADMINISTRATION
SUBCHAPTER I
POWERS AND FUNCTIONS OF ADMINISTRATOR
426.104 Powers of administrator; duty to report.
426.105 Administrative powers with respect to supervised financial organizations.
426.106 Investigatory powers.
426.107 Application of chapter 227.
426.108 Unconscionable conduct.
426.109 Temporary relief; injunctions.
426.110 Class actions; injunctions; declaratory relief.
426.111 Debtors' remedies not affected.
SUBCHAPTER II
REGISTRATION AND FEES
SUBCHAPTER III
VIOLATIONS AND ENFORCEMENT
426.301 Violations and enforcement.
Ch. 426 Cross-reference
Cross-reference: See definitions in s.
421.301.
POWERS AND FUNCTIONS OF ADMINISTRATOR
426.101
426.101
Short title. This chapter shall be known and may be cited as Wisconsin consumer act — administration.
426.101 History
History: 1971 c. 239.
426.102
426.102
Applicability. This chapter applies to persons who do any of the following in this state:
426.102(1)
(1) Make or solicit consumer approval transactions (s.
423.201) or consumer credit transactions or modifications thereof.
426.102(2)
(2) Directly collect payments from or enforce rights against customers arising from consumer approval transactions or consumer credit transactions, wherever made.
426.102 History
History: 1971 c. 239;
1991 a. 244.
426.103
426.103
Administrator. “Administrator" means the secretary of financial institutions.
426.103 History
History: 1971 c. 239;
1995 a. 27,
216.
426.104
426.104
Powers of administrator; duty to report. 426.104(1)(1)
In addition to other powers granted by chs.
421 to
427 and
429, the administrator within the limitations provided by law shall:
426.104(1)(a)
(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;
426.104(1)(c)
(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;
426.104(1)(d)
(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;
426.104(1)(e)
(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.
426.104(2)
(2) 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 given to the division of banking for inclusion in the report of the division of banking under s.
220.14 and shall include:
426.104(2)(a)
(a) A description of the examination and investigation procedures and policies of the administrator's office;
426.104(2)(b)
(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;
426.104(2)(c)
(c) A statement of policies followed in deciding whether to bring any action authorized under chs.
421 to
427 and
429;
426.104(2)(d)
(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
426.104(2)(e)
(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.
426.104(3)
(3) The administrator shall make available upon request a list of all persons against whom complaints have been filed and the results of all investigations completed or not being actively pursued along with a brief description of the facts of each case and the action taken in each.
426.104(4)(a)(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.
426.104(4)(ab)1.1. 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.
426.104(4)(ab)2.
2. The administrator may charge the person making a request under subd.
1. for necessary expenses incurred in conducting the review, except the administrator may not charge any of the following persons:
426.104(4)(ab)2.b.
b. A trade organization, if a majority of the members of the trade organization are registered under s.
426.201.
426.104(4)(ab)3.
3. Any charge assessed under subd.
2. shall be paid within 30 days after the date on which the administrator assesses the charge.
426.104(4)(b)
(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.
