DFI-WCA 1.34DFI-WCA 1.34 Prohibition of blank writings. Blanks relating to price, charges or terms of payment which are inapplicable to a transaction must be filled in a manner which reveals their inapplicability. Pursuant to s. 422.304, Stats., a general clause or statement in a contract to the effect that spaces which are not filled in are inapplicable to the particular transactions does not satisfy the requirement of this section and may not be relied upon by the creditor. DFI-WCA 1.34 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.341DFI-WCA 1.341 Notice to obligors. In addition to the language required by s. 422.305 (1), Stats., a merchant may include within the explanation of personal obligation a form number, the date of execution, instructions for completion, and a union printing label. Paragraph (a) of the explanation may provide that the obligation of the person signing it includes all extensions, renewals or deferrals of the particular transaction in which there is no advance of or increase in the amount of the principal or increase in the rate of finance charge. DFI-WCA 1.341 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; am. Register, October, 1980, No. 298, eff. 11-1-80. DFI-WCA 1.35DFI-WCA 1.35 Notice to obligors; open-end accounts. In cases where a person assumes liability on an open-end account, paragraph (a) of the Explanation of Personal Obligation under s. 422.305, Stats., shall be modified to read as follows: “(a) You have agreed to pay amounts owing or to be owing in the future as a result of charges made by (name of customer) on his or her charge account with (name of creditor) in an amount not exceeding $ .” Paragraph (b) of the Explanation must contain the following statement: “If you wish to terminate your guarantee with respect to future transactions, you must notify (name of creditor) in writing.” An explanation of the form described in this rule will satisfy the requirements of s. 422.305, Stats., and no further notice or Explanation of Personal Obligation need be given the person with respect to subsequent individual purchases or loans on the account. However, in case of any subsequent change in the terms of the account which would increase or extend the contingent liability of the person, where the merchant was authorized to make unilateral changes from time to time under the original terms of the account, an explanation of such change must be given to the person in accordance with s. 422.415, Stats. Such notice shall conspicuously disclose that if the person wishes to terminate the guarantee with respect to future transactions, the person must notify the creditor in writing. DFI-WCA 1.35 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; am., Register, October, 1980, No. 298, eff. 11-1-80. DFI-WCA 1.351DFI-WCA 1.351 Customer liability; open-end credit. In order to obligate a person for an obligation arising out of an open-end credit plan, the merchant must pursuant to s. 422.305, Stats., obtain the signature of that person on the writing evidencing the consumer credit transaction. Compliance with this rule requires that the customer to be held contractually liable sign one of the following: DFI-WCA 1.351(1)(1) An open-end credit agreement setting forth all of the terms of the open-end credit plan including the credit disclosures required by s. 422.301, Stats., DFI-WCA 1.351(2)(2) A credit application which expressly states that each person signing the application will be obligated according to the terms of the open-end credit agreement referred to in sub. (1), provided the creditor mails or delivers to each customer who signs the application a copy of the open-end credit agreement before that customer makes any charges on the account, or DFI-WCA 1.351(3)(3) A transaction receipt which expressly states that each person signing the receipt will be obligated according to the terms of the open-end credit agreement referred to in sub. (1), provided the creditor has mailed or delivered a copy of the open-end credit agreement to that customer before that customer makes any charges on the account. DFI-WCA 1.351 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; r. and recr., Register, October, 1980, No. 298, eff. 11-1-80. DFI-WCA 1.352DFI-WCA 1.352 Receipts; accounting; evidence of payment; release of any security interest. The creditor may satisfy an obligation to release any security interest under s. 422.306 (4), Stats., by either 1) recording the necessary instrument and forwarding the same to the customer or designee by mail or by return on the instrument or 2) by delivering the necessary instrument fully completed and executed to the customer’s designee, but in no instance to the customer, for recording. The recording or filing fee may be treated as an official fee within the meaning of s. 421.301 (26), Stats. Where the transaction is secured by a lien on a motor vehicle and the title is not in the possession of the creditor, the creditor may satisfy the requirements of this subsection by mailing a completed release of lien to the customer together with an envelope addressed to the department of motor vehicles, bureau of vehicle registration, postage prepaid, and a letter of instruction advising the customer to forward the release and title to the department to obtain release of the secured party’s interest. DFI-WCA 1.352 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; corrections made under s. 13.93 (2m) (b) 5. and 7., Stats., Register, December, 1991, No. 432. DFI-WCA 1.353DFI-WCA 1.353 Refund anticipation loan; before the customer enters into a refund anticipation loan. “Before the customer enters into a refund anticipation loan” as used in s. 422.310 (1) (intro.), Stats., means prior to the customer being asked to sign an application containing a loan agreement or a loan agreement where there is no application for a refund anticipation loan. DFI-WCA 1.353 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DFI-WCA 1.354DFI-WCA 1.354 Refund anticipation loan; reasonable length of time to expect refund. The anticipated length of time called for in s. 422.310 (1) (f), Stats., in which the customer can reasonably expect to receive a tax refund shall be no more than 14 days. DFI-WCA 1.354 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DFI-WCA 1.355DFI-WCA 1.355 Refund anticipation loan; estimated annual percentage rate. DFI-WCA 1.355(1)(1) For the purpose of s. 422.310 (1) (h), Stats., the requirement to disclose the estimated annual percentage rate shall be fulfilled by doing one of the following: DFI-WCA 1.355(1)(a)(a) Calculating the rate pursuant to 12 CFR 226.17 (c) (2) for the anticipated amount of the refund and the length of time within which it can reasonably be expected the tax refund will be received as a result of an electronically filed tax return as determined under s. DFI-WCA 1.354. DFI-WCA 1.355(1)(b)(b) Distributing a chart titled “representative range of loan amounts” with headings for: total loan amount, amount financed, finance charge, estimated payment period, and annual percentage rate. The representative loan amounts shall be in $300 increments starting with $300 and ending with $3,000 and represent the anticipated refund amount. DFI-WCA 1.355(3)(3) For the purpose of calculating the annual percentage rate at the time the loan is actually made, the disclosure shall be based upon the actual amount of the loan and the length of time within which it can reasonably be expected the tax refund will be received as a result of the electronically filed tax return as determined under s. DFI-WCA 1.354. DFI-WCA 1.355 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DFI-WCA 1.356DFI-WCA 1.356 Refund anticipation loan; charges or fees for electronically filing an income tax return. For the purposes of s. 422.310 (1) (b) and (2), Stats., charges or fees assessed by a creditor, including a loan arranger, for checking tax return information, data entry of the tax return information, and costs of transmitting the tax return by computer modem are included in the charges and fees for electronically filing an income tax return. DFI-WCA 1.356 HistoryHistory: Cr. Register, September, 1994, No. 465, eff. 10-1-94. DFI-WCA 1.36DFI-WCA 1.36 Receipts; accounting; evidence of payment; customer inquiries. Should a customer or an authorized representative question in writing any bill or statement of a merchant, or of an assignee where notice of assignment pursuant to s. 422.409, Stats., has been given, such merchant or assignee shall in accordance with s. 422.306, Stats., respond specifically to the issue or dispute raised by the customer within 30 days of receipt of such inquiry, or, in the case of transactions evidenced by open-end credit plans not later than 2 complete billing cycles (in no event more than 90 days) from receipt of such inquiry. Inquiries made on an instrument of payment of [or] the returnable portion of the billing statement need not be acknowledged if the creditor conspicuously discloses this requirement on the statement or other disclosure to customers regarding the correction of billing errors. A reasonably disputed debt under s. 427.104 (1) (f), Stats., shall include an indebtedness questioned under this rule from the date of notice to the merchant to the date the merchant’s response is made. DFI-WCA 1.36 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; am., Register, October, 1980, No. 298, eff. 11-1-80. DFI-WCA 1.361DFI-WCA 1.361 Assignment of earnings prohibited; revocation. In any case where a merchant takes an assignment of earnings subject to s. 422.404, Stats., for payment or as security for payment of an obligation the assignment shall contain on its face a statement in substantially the following language: “THE CUSTOMER MAY TERMINATE THIS ASSIGNMENT AT ANY TIME WITHOUT PENALTY.” DFI-WCA 1.361 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.37DFI-WCA 1.37 Notice of assignment; joint obligor customers. Where a consumer credit transaction involves joint obligor customers, one copy of a Notice of Assignment as described in s. 422.409, Stats., may be forwarded to all such customers who reside at the same last known address at the time the notice is given, if addressed to all such joint obligor customers. In all other cases a separate notice must be sent to each joint obligor customer. The same procedure shall be observed with respect to giving the following notices under the act: Notice of unilateral deferral, s. 422.204 (8), Stats.; Notice of non-performance, s. 422.207 (1), Stats.; Notice of right to cancel, s. 423.203, Stats.; Notice to cancel property insurance, s. 424.303 (1), Stats.; Notice of right to cure default, s. 425.104 (1), Stats.; the distribution of open-end credit agreements to potential customers pursuant to s. DFI-WCA 1.351. DFI-WCA 1.37 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; am. Register, October, 1980, No. 298, eff. 11-1-80. DFI-WCA 1.371DFI-WCA 1.371 Notice of assignment; address of customer. The notification of assignment under s. 422.409, Stats., shall be addressed to the last address furnished by any customer to the assignor if such address is different from the address contained in the contract. The same procedure shall be observed with respect to giving the following notices under the act: Notice of unilateral deferral, s. 422.204 (8), Stats.; Notice of nonperformance, s. 422.207 (1), Stats.; Notice of right to cancel, s. 423.203, Stats.; Notice to cancel property insurance, s. 424.303 (1), Stats.; Notice of right to cure default, s. 425.104 (1), Stats. DFI-WCA 1.371 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.38DFI-WCA 1.38 Restriction on liability in consumer lease. A reasonable charge for excess mileage in the case of a motor vehicle lease as established by reasonable standards of the industry as observed in the relevant market area with respect to the mileage and the rate per mile shall be considered a charge for damages to the leased property within the meaning of s. 422.412, Stats., provided that the mileage allowance and the charge per excess mile shall be conspicuously stated in the original lease agreement. DFI-WCA 1.38 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.391DFI-WCA 1.391 Restrictions on security interest; proceeds. A security interest with respect to a consumer credit sale as described in s. 422.417 (1), Stats., may include repair or replacement parts in the property sold as well as proceeds of the property subject to s. 409.306, Stats., regarding proceeds. DFI-WCA 1.391 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.392DFI-WCA 1.392 Waivers prohibited; dwelling. For the purposes of s. 422.419 (1) (a), Stats., the term “dwelling” shall include, any garage, shed, barn or other building on the premises whether attached or unattached. DFI-WCA 1.392 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.44DFI-WCA 1.44 Consumer approval transaction; duty of customer. In any case where a customer gives notice of cancellation and the merchant fails to perform the merchant’s obligation pursuant to s. 423.204, Stats., the duty of the customer under s. 423.205, Stats., to take reasonable care of the goods in the customer’s possession shall cease 40 days after notice of cancellation is given. DFI-WCA 1.44 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; am., Register, October, 1980, No. 298, eff. 11-1-80. DFI-WCA 1.61DFI-WCA 1.61 Cure of default; commencing legal action. The phrase“commence any action” as used in s. 425.105 (1), Stats., refers only to the commencement of legal proceedings in a court of law. DFI-WCA 1.61 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.62DFI-WCA 1.62 Cure of default; date of notice and tender. For the purposes of s. 425.105 (2), Stats., notice of the customer’s right to cure a default is deemed given on the date of mailing and the date of tender of performance shall be the date of mailing or personally delivering the amount of all unpaid instalments, deferral and delinquency charges which are due and unpaid. DFI-WCA 1.62 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.63DFI-WCA 1.63 Exempt property; garnishee summons. In order to assist each employer in determining and applying the applicable wage exemption standard, in the case of any garnishment involving a consumer credit transaction governed by s. 425.106, Stats., the garnishee summons should bear the legend “Consumer Credit Transaction Garnishee Summons”placed opposite the identification of parties in the legend and the last paragraph of the form set forth in s. 812.04 (2), Stats., should be modified to conform with the requirements of s. 425.106 (1) (a), Stats. DFI-WCA 1.63 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; am. Register, October, 1980, No. 298, eff. 11-1-80. DFI-WCA 1.64DFI-WCA 1.64 Exempt property; medical services. For the purposes of s. 425.106, Stats., the term “medical services” shall include the cost of hospital accommodations. DFI-WCA 1.64 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.66DFI-WCA 1.66 Body attachments. The term “warrant” as used in s. 425.113, Stats., refers to warrants issued pursuant to s. 816.05, Stats., and does not limit or effect the power of a court to issue an order or attachment pursuant to s. 816.03, Stats., where a person has failed to appear at a supplemental examination. DFI-WCA 1.66 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; am., Register, October, 1980, No. 298, eff. 11-1-80; am. Register, July, 1983, No. 331, eff. 8-1-83. DFI-WCA 1.67DFI-WCA 1.67 Voluntary surrender of collateral. Pursuant to s. 425.204, Stats., a creditor may notify a customer of his or her right to voluntarily surrender the collateral. Such a notice will not be considered a request or demand pursuant to s. 425.204 (3), Stats. DFI-WCA 1.67 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; corrections made under s. 13.93 (2m) (b) 5. and 7., Stats., Register, December, 1991, No. 432. DFI-WCA 1.68DFI-WCA 1.68 Nonjudicial enforcement limited; surrender of collateral. Where a merchant requests or demands the return of collateral, after providing the customer with notice of default and opportunity to cure as required by s. 425.105, Stats., a release of the collateral by the customer is not a surrender under ss. 425.204 (3), and 425.206 (1) (a), Stats., if the merchant; 1) fails to provide a notice to the customer which clearly informs the customer of the right to a hearing on the issue of default before any repossession, unless the merchant perfects its right to take possession under s. 425.206 (1) (d), Stats.; 2) misrepresents any material fact or state of the law to the customer; or 3) violates any provision of ch. 427, Stats. The notice contained in s. 425.105 (1), Stats., is not required if the collateral has been abandoned by the customer. DFI-WCA 1.68 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; am. Register, October, 1980, No. 298, eff. 11-1-80; am. Register, July, 1983, No. 331, eff. 8-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1993, No. 449; CR 06-123: am. Register March 2007 No. 613, eff. 4-1-07. DFI-WCA 1.69DFI-WCA 1.69 Restrictions on deficiency judgments; amount owing. The phrase “amount owing at the time of default” as used in s. 425.209, Stats., shall mean the unpaid balance of the account excluding any unearned finance or additional charges but including any unpaid deferral or deficiency charges. DFI-WCA 1.69 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.70DFI-WCA 1.70 Restrictions on deficiency judgments; repossession. For purposes of s. 425.209, Stats., the term “repossession” shall include action to recover collateral pursuant to s. 425.205, Stats., and possession of the collateral as a result of a surrender of the collateral as described in ss. 425.204 (3) and 425.206 (1) (a), Stats., where such surrender is not a voluntary surrender. DFI-WCA 1.70 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.71DFI-WCA 1.71 Restrictions on deficiency judgments; renouncing rights in collateral. Prior to obtaining the statement of a customer renouncing rights in the collateral pursuant to s. 425.209 (2), Stats., the merchant shall notify the customer by written notice that by signing the statement the customer waives all rights to recover any surplus that may result from the sale of the collateral. DFI-WCA 1.71 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.80DFI-WCA 1.80 Investigatory powers; merchant’s records. Merchants shall maintain copies of records of all consumer transactions subject to the act and all advertisements, printings, displays, publications or distributions the terms of which relate to the extension of consumer credit in order to permit an investigation pursuant to s. 426.106, Stats., for a period not less than that during which a customer may bring an action with respect to such transaction or advertisement as limited by s. 425.307, Stats. DFI-WCA 1.80 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.81 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73. DFI-WCA 1.82DFI-WCA 1.82 Powers of administrator; submission for approval. Acts, practices or procedures provided to the administrator pursuant to s. 426.104 (4) (b), Stats., shall be submitted as follows: DFI-WCA 1.82(1)(1) The submission shall be typed or mechanically reproduced. DFI-WCA 1.82(2)(2) The submission shall include an original and 3 copies submitted by personal delivery, registered mail or certified mail return receipt requested; DFI-WCA 1.82(3)(3) The submission of a form to replace a previously submitted form shall denote all changes from the previously submitted form to be approved by underlining or setting forth in a conspicuous manner those changes on the submitted forms; DFI-WCA 1.82(4)(4) The submitted form shall be accompanied by a cover letter explaining the purpose for the form and any changes from a previously submitted form to be approved. DFI-WCA 1.82 HistoryHistory: Cr. Register, June, 1973, No. 210, eff. 7-1-73; r. and recr. Register, July, 1994, No. 463, eff. 8-1-94. DFI-WCA 1.85DFI-WCA 1.85 Discrimination; unconscionable conduct. DFI-WCA 1.85(1)(1) Declaration of policy. It is the declared policy of the state of Wisconsin that no person shall be discriminated against in the granting or extension of any form of credit, or in the capacity or privilege of obtaining any form of credit, on a prohibited basis. Such discrimination is hereby declared by the secretary of the department of financial institutions to be unconscionable conduct under authority of s. 426.108, Stats. The purpose of this rule is to eliminate discrimination in the granting of consumer credit on a prohibited basis and to outline steps by which merchants can avoid such unlawful conduct. This regulation shall not apply to merchants chartered by any Wisconsin administrative agency which issues a regulation prohibiting discrimination in the granting of consumer credit on a prohibited basis. DFI-WCA 1.85(2)(2) Unconscionable conduct. Discrimination in the extension of consumer credit by a merchant to a customer on a prohibited basis shall be an unconscionable credit practice prohibited pursuant to s. 426.108, Stats. Discrimination in the extension of consumer credit on a prohibited basis shall mean any denial of credit, increase in the charge for credit, restriction on the amount or use of credit, a different application procedure or the application of different credit criteria based on a prohibited basis and shall include, but not be limited to: DFI-WCA 1.85(2)(a)(a) The application of different credit criteria resulting in less favorable treatment in the granting of credit to women, DFI-WCA 1.85(2)(b)(b) A requirement that a customer who is contractually liable reapply for credit upon a change in name or marital status or a termination of credit to a customer who is contractually liable following a change in the customer’s name or marital status without evidence of an unfavorable change in the customer’s credit worthiness, DFI-WCA 1.85(2)(c)(c) A refusal to grant credit to a qualified customer in that person’s birth-given first name and surname or a birth-given first name and a combined surname, DFI-WCA 1.85(2)(d)(d) A requirement that a spouse co-sign the credit application, debt instrument, or other document signed by the applicant spouse unless such signature is required by statute or such requirement is imposed without regard to sex or marital status on all similarly qualified customers who apply for a similar type and amount of credit except that with respect to secured credit the signature of a spouse on a document necessary to create a valid lien, convey clear title or waive inchoate or survivorship rights to property, may be required where the merchant’s standards of credit worthiness require without regard to the applicant’s sex or marital status security or collateral as a condition of the extension of credit in the amount requested, DFI-WCA 1.85(2)(e)(e) To evaluate any source of income including maintenance, alimony and child support on any basis other than its amount, its regularity and the period of receipt as of the date of the application together with any particular factors affecting the likelihood of continued payment, and DFI-WCA 1.85(2)(f)(f) Requesting information about birth control practices or child bearing intentions or capability of any customer or customer’s spouse. DFI-WCA 1.85(3)(3) Written credit policy. The management of each financial organization as defined in s. 71.04 (8) (a), Stats., each person or organization licensed under s. 138.09 or 138.14, Stats., and each credit card issuer shall adopt a detailed statement of its policy of nondiscrimination in extending consumer credit including its commitment to avoid the specific prohibited practices set forth in this regulation. This statement of policy shall be available to any customer upon request at each office where extensions of credit are made, except that in the case of credit card issuers, the statement shall be furnished upon request of an applicant directed to any office from which such cards are issued. A copy of such policy statement shall be filed with the office of the secretary of the department of financial institutions upon request by that office. Such written policy shall be applied impartially to each person seeking credit. DFI-WCA 1.85(4)(4) Notice of action and retention of records. Each merchant shall within a reasonable time after receiving a credit application notify the customer of action taken on the application and shall upon request provide a customer whose application has been denied with the reasons for such denial, including the fact that information supplied by the customer cannot be verified if that is the case. A record of all reasons for denial or a record of the denial form number and each alternative therein applied to the customer along with the credit application and all other related documentation shall be retained by the merchant in reasonable order accessible by reference to the name of the customer, for a period of 15 months from the date of notice of action on each credit application. DFI-WCA 1.85(5)(a)(a) “Disability” means a physical or mental impairment that substantially limits one or more of the major life activities, a record of having such an impairment or being regarded as having such an impairment. DFI-WCA 1.85(5)(b)1.1. Age provided the applicant has the capacity to enter into a binding contract, race, creed, religion, color, disability, marital status, sex, national origin, ancestry, sexual orientation, or membership in the military forces of the United States or this state. DFI-WCA 1.85(5)(b)2.2. That all or part of the applicant’s income derives from any public assistance program. DFI-WCA 1.85(5)(b)3.3. That the applicant has in good faith exercised any right under the Consumer Credit Protection Act or any state law.
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Ch. DFI-WCA 1; Department of Financial Institutions-Wisconsin Consumer Act
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