Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,465,2 (c) The address of the rental-purchase company's principal office.

AB133-ASA1-AA2,465,4 (d) The addresses of all stores or other retail locations in this state at which the rental-purchase company offers rent-to-own agreements to potential lessees.

AB133-ASA1-AA2,465,6 (e) The address of the rental-purchase company's designated agent upon whom service of process may be made in this state.

AB133-ASA1-AA2,465,8 (2) Rules. The department shall promulgate rules and prescribe forms for the efficient administration of this section.

AB133-ASA1-AA2,465,12 435.302 Registration fees. (1) When due. Any rental-purchase company required to register under s. 435.301 shall pay a registration fee to the department when the rental-purchase company files the registration statement required under s. 435.301.

AB133-ASA1-AA2,465,16 (2) Amount. The amount of the registration fee shall be $25 per store or other retail location in this state at which the rental-purchase company offers rent-to-own agreements to potential lessees. However, the registration fee shall not be less than $50 nor more than $750.

AB133-ASA1-AA2,465,19 435.303 Examination of books and records. (1) Purpose of examination. The department may examine the books and records of any rental-purchase company for the purpose of determining compliance with this chapter.

AB133-ASA1-AA2,466,2 (2) Availability of books and records. A rental-purchase company shall make its books and records reasonably available for inspection by the department. If the rental-purchase company's books and records are located outside of this state, the rental-purchase company shall, at the rental-purchase company's option, either make the books and records available to the department at a convenient location in this state or pay the reasonable and necessary expenses for the department to examine the books and records at the location where they are maintained.

AB133-ASA1-AA2,466,6 (3) Method of bookkeeping. A rental-purchase company shall use generally accepted accounting principles and practices in keeping its books and records so that the department may determine if the rental-purchase company is in compliance with this chapter.

AB133-ASA1-AA2,466,11 (4) Destruction of records; when authorized. A rental-purchase company shall keep records relating to each rent-to-own agreement entered into by the rental-purchase company and the payments made under each rent-to-own agreement for at least 2 years after the date on which the rent-to-own agreement is terminated.

AB133-ASA1-AA2,466,14 435.304 Suspension or revocation of registration. (1) Grounds. The department may issue an order suspending or revoking a rental-purchase company's registration if any of the following conditions is met:

AB133-ASA1-AA2,466,17 (a) The rental-purchase company has violated any provision of this chapter, the violation is not isolated or inadvertent, and the department determines that the violation justifies the suspension or revocation of the registration.

AB133-ASA1-AA2,466,21 (b) The department becomes aware that any fact or condition exists which, if it had existed at the time that the rental-purchase company first filed the registration statement, would have warranted the department's refusal to honor the registration.

AB133-ASA1-AA2,466,23 (c) The rental-purchase company has failed to pay the registration fee under s. 435.302.

AB133-ASA1-AA2,466,25 (2) Procedure. The following procedure applies to every order of the department that suspends or revokes a registration under this chapter:

AB133-ASA1-AA2,467,4 (a) The department shall provide a written notice to the rental-purchase company registered under s. 435.301 of the department's intent to issue an order suspending or revoking the rental-purchase company's registration. The notice shall specify the grounds for and the effective date of the proposed order.

AB133-ASA1-AA2,467,9 (b) The rental-purchase company shall file with the department a written response to the allegations contained in the notice within 20 days after receiving the notice. The rental-purchase company's written response may contain a request for a hearing pursuant to s. 227.42. If the written response does not contain a request for a hearing pursuant to s. 227.42, the right to a hearing is waived.

AB133-ASA1-AA2,467,14 (c) If a written response containing a request for a hearing pursuant to s. 227.42 is received by the department within the time provided under par. (b) and if, in the opinion of the department, the matter satisfies one of the conditions under s. 227.42 (1) (a) to (d), the matter shall be scheduled for a contested hearing to commence within 60 days after the date on which the department receives the written response.

AB133-ASA1-AA2,467,22 (d) If the rental-purchase company fails to file a written response within the time provided under par. (b) or if the rental-purchase company files a timely written response but fails to request a hearing pursuant to s. 227.42, the department may issue an order suspending or revoking the rental-purchase company's registration under sub. (1). If the rental-purchase company files a timely written response containing a request for a hearing pursuant to s. 227.42, any order of the department suspending or revoking the rental-purchase company's registration shall be stayed pending completion of proceedings under ch. 227.

AB133-ASA1-AA2,467,25 435.401 General requirements of disclosure. (1) Form, location, size and time of disclosure. All information required under s. 435.402 shall satisfy all of the following:

AB133-ASA1-AA2,468,1 (a) The information shall be clearly and conspicuously disclosed.

AB133-ASA1-AA2,468,2 (b) The information shall be disclosed in writing.

AB133-ASA1-AA2,468,4 (c) The information shall be disclosed on the face of the rent-to-own agreement above the line for the lessee's signature.

AB133-ASA1-AA2,468,5 (d) The information shall be disclosed in not less than 8-point standard type.

AB133-ASA1-AA2,468,7 (e) The information shall be disclosed at or before the time that the lessee becomes legally obligated under the rent-to-own agreement.

AB133-ASA1-AA2,468,11 (2) Accuracy of disclosure. All information required under s. 435.402 must be accurate as of the time that it is disclosed. 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 chapter.

AB133-ASA1-AA2,468,16 (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.

AB133-ASA1-AA2,468,19 435.402 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:

AB133-ASA1-AA2,468,24 (1) Description. A brief description of the rental property, sufficient to identify the rental property to the lessee and the rental-purchase company, including an 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 chapter.

AB133-ASA1-AA2,469,3 (2) Cash price. The price at which the rental-purchase company would have sold the rental property to the lessee for cash on the date on which the rent-to-own agreement is executed.

AB133-ASA1-AA2,469,4 (3) Rental Payment. The periodic rental payment for the rental property.

AB133-ASA1-AA2,469,9 (4) Up-front payment. The payment required of the lessee at the time that the agreement is executed or the rental property is delivered, whichever is later, including the initial rental payment, any application or processing charge, any delivery fee, any charge for a liability damage waiver or for other optional services agreed to by the lessee, and the applicable tax.

AB133-ASA1-AA2,469,11 (5) Payment to acquire ownership. The total number, total dollar amount and due date of all rental payments necessary to acquire ownership of the rental property.

AB133-ASA1-AA2,469,17 (6) Other charges. A statement that the total dollar amount of all rental payments necessary to acquire ownership of the rental property does not include other charges that a lessee may incur, such as application, processing or delivery charges, and late payment, reinstatement, default and pickup fees. These charges shall be separately identified in the rental-purchase agreement and the amount of each charge and fee disclosed.

AB133-ASA1-AA2,469,20 (7) Rental, not purchase. A statement that the lessee will not own the rental property until the lessee has made the total amount of payments necessary to acquire ownership or has exercised the lessee's early-purchase option.

AB133-ASA1-AA2,469,25 (8) 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 exercise an early purchase option and indicating the price, or the formula or method for determining the price, at which the rental property may be purchased under the early-purchase option.

AB133-ASA1-AA2,470,5 (9) 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 or method, if, and as of the time, the rental property is stolen, damaged or destroyed while in the possession of or subject to the control of the lessee.

AB133-ASA1-AA2,470,12 (10) Service and warranty. A statement identifying the party responsible for maintaining or servicing the rental property during the term of the rent-to-own agreement, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the rental property when the lessee acquires ownership of the rental property the manufacturer's express warranty will be transferred to the lessee, if the transfer is allowed by the terms of the manufacturer's express warranty.

AB133-ASA1-AA2,470,16 (11) 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 along with any past-due rental payments, fees and charges.

AB133-ASA1-AA2,470,18 (12) Right to reinstate. A brief explanation of the lessee's right to reinstate a rent-to-own agreement under s. 435.405.

AB133-ASA1-AA2,470,24 (13) General notice. A notice reading substantially as follows: "You are renting this property. You will not own the property until you make all of the regularly scheduled rental payments necessary to acquire ownership or until you exercise your early-purchase option. If you do not make your rental payments as scheduled or exercise your early-purchase option, the lessor may repossess the property."

AB133-ASA1-AA2,471,4 (14) 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.

AB133-ASA1-AA2,471,6 435.403 Prohibited provisions of rent-to-own agreement. A rent-to-own agreement may not contain any of the following:

AB133-ASA1-AA2,471,7 (1) Confession. A confession of judgment.

AB133-ASA1-AA2,471,10 (2) Security. A provision granting the rental-purchase company a security interest in any property except rental property delivered by the rental-purchase company pursuant to the rent-to-own agreement.

AB133-ASA1-AA2,471,14 (3) Repossession. A provision authorizing a 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 delivered by the rental-purchase company pursuant to the rent-to-own agreement.

AB133-ASA1-AA2,471,17 (4) Waiver. A waiver of a defense or counterclaim, or 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.

AB133-ASA1-AA2,471,20 (5) 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.

AB133-ASA1-AA2,471,22 (6) Insurance. A provision requiring the purchase of insurance from the rental-purchase company to cover the rental property.

AB133-ASA1-AA2,472,7 435.404 Late payment, grace period and late fees. (1) Late fee; generally. If a lessee fails to make any 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. However, except as provided under sub. (4), this subsection does not apply if the lessee's failure to return 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 due to the lessee's making all payments necessary to acquire ownership of the rental property.

AB133-ASA1-AA2,472,9 (2) Grace periods. The following grace periods shall apply to rental payments made with respect to a rental-purchase agreement:

AB133-ASA1-AA2,472,12 (a) For an agreement that is renewed on a weekly basis, no late fee may be assessed for a payment that is made within 2 days after the date on which the scheduled payment is due.

AB133-ASA1-AA2,472,15 (b) For an agreement that is renewed for a term that is longer than one week, no late fee may be assessed for a payment that is made within 5 days after the date on which the scheduled payment is due.

AB133-ASA1-AA2,472,17 (3) Collection, recording and limitation of late fees. Late fees are subject to all of the following limitations:

AB133-ASA1-AA2,472,18 (a) A late fee may not exceed $5 for each past-due rental payment.

AB133-ASA1-AA2,472,20 (b) A late fee may be collected only once on each rental payment due, regardless of how long the payment remains past due.

AB133-ASA1-AA2,472,22 (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.

AB133-ASA1-AA2,472,24 (d) A late fee may be collected at the time that the late fee accrues or at any time afterward.

AB133-ASA1-AA2,473,3 (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.

AB133-ASA1-AA2,473,7 435.405 Reinstatement of terminated rent-to-own agreement. (1) Reinstatement, generally. A lessee shall have the right to reinstate a terminated rent-to-own agreement without losing any rights or options previously acquired if all of the following conditions apply:

AB133-ASA1-AA2,473,9 (a) The lessee returned or surrendered the rental property within 5 days after the termination of the agreement.

AB133-ASA1-AA2,473,14 (b) Not more than 21 days have passed after the date that the rental property was returned to the rental-purchase company or, if the lessee has paid two-thirds or more of the total of rental payments necessary to acquire ownership of the rental property, not more than 45 days have passed since the date that the rental property was returned to the rental-purchase company.

AB133-ASA1-AA2,473,18 (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 rental payment for an additional term.

AB133-ASA1-AA2,473,23 (3) Effect of repossession on reinstatement. Nothing in this section shall prevent a rental-purchase company from attempting to repossess rental property upon termination of a rent-to-own agreement, but such efforts shall not affect the lessee's right to reinstate as long as the rental property is voluntarily returned or surrendered within 5 days after the termination of the rent-to-own agreement.

AB133-ASA1-AA2,474,3 (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.

AB133-ASA1-AA2,474,8 435.406 Liability waiver. A rental-purchase company may offer a liability waiver to the lessee. The terms of the waiver must be provided to the lessee in writing and the face of the writing must 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.

AB133-ASA1-AA2,474,15 435.407 Early-purchase option. A rental-purchase company shall offer an early-purchase option to every lessee who enters into a rent-to-own agreement with the rental-purchase company. The early-purchase option shall permit the lessee to purchase the rental property for cash at any time after the initial payment. As a condition of exercising the early-purchase option, the rental-purchase company may require the lessee to be current on the lessee's rent-to-own agreement or to pay any past-due rental charges and other outstanding fees that are owed.

AB133-ASA1-AA2,474,22 435.408 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's giving to the rental-purchase company the names of prospective lessees if the earning of the rebate or discount is contingent upon the occurrence of any event that takes place after the time that the individual enters into the rent-to-own agreement.

AB133-ASA1-AA2,475,3 (2) Authorized referral transactions. A rental-purchase company may give or offer to give a rebate or discount to a lessee who rents personal property from the rental-purchase company in consideration of the lessee's giving to the rental-purchase company the names of prospective lessees. A rebate or discount under this subsection may be contingent upon the occurrence of any event that takes place after the time that the names are given to the rental-purchase company.

AB133-ASA1-AA2,475,6 435.409 Receipts and statements. (1) Receipts due upon request. Upon the request of a lessee, a rental-purchase company shall provide a written receipt to the lessee for any payment made by the lessee.

AB133-ASA1-AA2,475,15 (2) Statement due upon request. 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 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 was terminated or completed 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.

AB133-ASA1-AA2,475,19 435.501 Price cards displayed. (1) Price cards; generally. 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 rent-to-own agreement:

AB133-ASA1-AA2,475,20 (a) The price of the property if purchased in cash.

AB133-ASA1-AA2,475,22 (b) The amount of the periodic rental payment and the term over which the payment must be made.

AB133-ASA1-AA2,475,24 (c) The total number and total amount of rental payments that must be paid in order to acquire ownership of the property under a rent-to-own agreement.

AB133-ASA1-AA2,475,25 (d) Whether the property is new or used.

AB133-ASA1-AA2,476,5 (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 would be impractical, a rental-purchase company may make the disclosures required by this section in a catalog or list, if the catalog or list is readily available to prospective lessees.

AB133-ASA1-AA2,476,10 435.502 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 any property and the right to acquire ownership of that property, the advertisement shall also clearly and conspicuously state all of the following:

AB133-ASA1-AA2,476,11 (a) That the transaction advertised is a rent-to-own agreement.

AB133-ASA1-AA2,476,13 (b) The total number and total dollar amount of rental payments that must be paid to acquire ownership.

AB133-ASA1-AA2,476,15 (c) That the lessee does not acquire ownership of the property if the total dollar amount of payments necessary to acquire ownership is not paid.

AB133-ASA1-AA2,476,18 (2) Exception. Subsection (1) does not apply to any in-store display or any advertisement that is published in the yellow pages of a telephone directory or in any similar directory of businesses.

AB133-ASA1-AA2,476,22 (3) Advertiser not liable. An owner or agent of the medium in which an advertisement for a rent-to-own agreement appears or through which an advertisement for a rent-to-own agreement is disseminated shall not be liable for any violation of sub. (1).

AB133-ASA1-AA2,476,24 435.601 Default and right to cure. (1) Default; Generally. A lessee is in default under a rent-to-own agreement if any of the following applies:

AB133-ASA1-AA2,477,4 (a) The lessee fails to return rental property within 7 days after the date that the last rental term for which a rental payment was made expires, unless the lessee has exercised an early-purchase option or has made all payments necessary to acquire ownership of the rental property.

AB133-ASA1-AA2,477,6 (b) The lessee materially breaches any other provision of the rent-to-own agreement.

AB133-ASA1-AA2,477,9 (2) Default; necessary for lessee liability. No cause of action shall accrue against a lessee with respect to the lessee's obligations under a rent-to-own agreement except by reason of a default.

AB133-ASA1-AA2,477,16 (3) Notice of default; general requirement. As a condition precedent to bringing an action against a lessee arising out of the lessee's default, a rental-purchase company shall provide a written notice of the default and of the right to cure the default to the lessee. The notice shall specify the default and the action required to cure the default and shall inform the lessee that if the default is not cured within 15 days after the notice is given the rental-purchase company will have the right to bring an action against the lessee.

AB133-ASA1-AA2,477,21 (4) Notice of default; exception. Notwithstanding sub. (3), a rental-purchase company is not required to provide a notice of default and right to cure as a condition precedent to bringing an action against a lessee if each of the following occurred twice during the 12 months before the date of the current default with respect to the same rent-to-own agreement: