SB530-SSA1,27,424
1. If the database, as determined by the division, is not implemented or is not
25fully operational, verifying that the customer does not have an open payday loan with
1the licensee that in conjunction with a new payday loan would cause a violation of
2this section. The licensee shall maintain a database of all of the licensee's payday
3loans at all of its places of business and search that database to meet its obligation
4under this subdivision.
SB530-SSA1,27,95
2. If the database, as determined by the division, is implemented and fully
6operational, accessing the database and verifying that the customer does not have
7an outstanding payday loan with the licensee and does not have open payday loans
8with other licensees that in conjunction with a new payday loan would cause a
9violation of this section.
SB530-SSA1,27,1410
(j) If the database, as determined by the division, is not fully operational, or the
11licensee is unable to access the database and, as determined under rules
12promulgated by the division, the alternate process established under par. (d) 2. is
13also unavailable, a licensee may rely upon the written verification of the customer
14in a statement provided in substantially the following form in at least 12-point type:
SB530-SSA1,27,17
15"I DO NOT HAVE ANY OUTSTANDING PAYDAY LOANS WITH THIS
16LICENSEE AND I DO NOT HAVE MORE PAYDAY LOANS WITH ANY OTHER
17LICENSED PAYDAY LOAN PROVIDER IN THIS STATE."
SB530-SSA1,27,2018
(k) If, as determined by the division, a licensee is unable to access the database
19due to technical difficulties occurring with the database, the licensee shall utilize the
20alternate process established under par. (d) 2.
SB530-SSA1,27,2321
(L) A licensee may rely on the information contained in the database as
22accurate and is not subject to any administrative forfeiture as a result of relying on
23inaccurate information contained in the database.
SB530-SSA1,28,524
(m) Before entering into a payday loan, a licensee shall submit to the database
25provider the customer's name; unique identification number that is assigned in a
1manner specified by the division; address; driver license number or other method of
2state identification; the amount of the transaction; the customer's check number, if
3applicable; the date of the transaction; the maturity date of the loan; and any other
4information reasonably required by the division, in a format approved by the
5division.
SB530-SSA1,28,136
(n) When a payday loan is closed, the licensee shall designate the transaction
7as closed and notify the database provider no later than 11:59 p.m. on the day on
8which the transaction is closed. The division shall assess an administrative
9forfeiture of $100 for each day that the licensee fails to notify the database provider
10that the payday loan has been closed. It is a defense to the assessment of an
11administrative forfeiture that notifying the database provider was not possible due
12to temporary technical problems with the database or to circumstances beyond the
13licensee's control.
SB530-SSA1,28,1914
(o) If the licensee stops making payday loans, the licensee shall provide to the
15division a plan acceptable to the division that outlines how the licensee will continue
16to update the database after it stops making payday loans. The division shall
17approve or disapprove the plan and within 5 business days notify the licensee of the
18decision. If a plan is disapproved, the licensee may submit a new or modified plan
19for the division to approve or disapprove.
SB530-SSA1,28,2220
(p) Any information in the database regarding any person's transactional
21history is confidential and is not subject to public copying or inspection under s. 19.35
22(1).
SB530-SSA1,28,25
23(14m) Customer information. No licensee or person with whom the division
24contracts for operation of the database under sub. (14) (b) may sell to another person
25any information regarding a customer or a payday loan made to a customer.
SB530-SSA1,29,3
1(15) Penalties. (a) Any person, partnership, or corporation, or the officers or
2employees thereof, who violates this section is guilty of a misdemeanor and shall be
3fined not more than $500 or imprisoned for not more than 6 months or both.
SB530-SSA1,29,84
(b) If a person who is not licensed under this section makes a payday loan to
5a customer, the loan is void, the customer is not obligated to pay any amounts owed
6on the loan, and the customer may recover from the person all amounts the customer
7has paid to the person. An action to recover such amounts shall be commenced within
8one year after the date of the last scheduled payment on the loan or shall be barred.
SB530-SSA1,29,12
9(16) Private cause of action. If a person makes a payday loan to a customer
10in violation of this section, the customer may bring an action against the person for
11damages of $250 or the amount of the payday loan, whichever is greater, plus costs,
12and, notwithstanding s. 814.04 (1), reasonable attorney fees.
SB530-SSA1,29,1614
220.02
(2) (b) The lending of money under s. 138.09
or 138.14, or those relating
15to finance companies, motor vehicle dealers, adjustment service companies,
16community currency exchanges and collection agencies under ch. 218.
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220.04
(10) If it appears to the division that a person has engaged or is about
19to engage in an act or practice constituting a violation of the laws of this state relating
20to banks and banking, including this chapter, chs. 217, 218 and 221 to 224 and ss.
21138.09
and, 138.12,
and 138.14, or a rule promulgated or order issued under those
22laws, the division may bring an action in the name of the state in the circuit court
23of the appropriate county to enjoin the acts or practices and to enforce compliance
24with the laws, rules or orders, or the division may refer the matter to the district
25attorney of the appropriate county or, if the alleged violation may be enforced by the
1attorney general under sub. (12) or s. 220.12, 221.1005 or 224.06 (7) or is statewide
2in nature, to the attorney general. Upon a proper showing, the court may grant a
3permanent or temporary injunction or restraining order, appoint a receiver for the
4defendant or the defendant's assets or order rescission of any acts determined to be
5unlawful. The court may not require the division to post a bond.
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220.285
(1) Any state bank, trust company bank, licensee under ss. 138.09,
9138.12,
138.14, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, or 224.725 or
10ch. 217 may cause any or all records kept by such bank, licensee, or registered person
11to be recorded, copied or reproduced by any photostatic, photographic or miniature
12photographic process or by optical imaging if the process employed correctly,
13accurately and permanently copies, reproduces or forms a medium for copying,
14reproducing or recording the original record on a film or other durable material. A
15bank, licensee, or registered person may thereafter dispose of the original record
16after first obtaining the written consent of the division. This section, excepting that
17part of it which requires written consent of the division, is applicable to national
18banking associations insofar as it does not contravene federal law.
SB530-SSA1,30,2421
321.60
(1) (a) 12. A license or certificate of registration issued by the
22department of financial institutions, or a division of it, under ss. 138.09, 138.12,
23138.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, or
24224.93 or subch. IV of ch. 551.
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1403.414
(7) A person who issues a check or other draft that is not honored upon
2presentment, because the drawer does not have an account with the drawee or
3because the drawer does not have sufficient funds in his or her account or sufficient
4credit with the drawee, is liable for all reasonable costs and expenses in connection
5with the collection of the amount for which the check or draft was written, except
6recovery is not permitted under this section if a person licensed under s. 138.09
or
7138.14 or any other person collected or could have collected a charge for that check
8or other draft under s. 422.202 (1) (d) or (2m).
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422.201
(3) For licensees under s. 138.09
and or 138.14 or under ss. 218.0101
11to 218.0163, the finance charge, calculated according to those sections, may not
12exceed the maximums permitted in ss. 138.09
, 138.14, and 218.0101 to 218.0163,
13respectively.
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425.301
(4) The liability of a merchant under chs. 421 to 427 is in lieu of and
16not in addition to any liability under the federal consumer credit protection act and
17ss. 138.09
, 138.14, or 218.0101 to 218.0163. An action by a person alleging a violation
18under chs. 421 to 427 may not be maintained if a final judgment has been rendered
19for or against that person with respect to the same violation under the federal
20consumer credit protection act or ss. 138.09
, 138.14, or 218.0101 to 218.0163. If a
21final judgment is entered against any merchant under chs. 421 to 427 and the federal
22consumer credit protection act or ss. 138.09
, 138.14, or 218.0101 to 218.0163 for the
23same violation, the merchant has a cause of action for appropriate relief to the extent
24necessary to avoid double liability.
SB530-SSA1,32,3
1812.35
(1a) No earnings garnishment action may be brought to recover the
2amount owed by a debtor for the payment of a payday loan, as defined in s. 138.14
3(1) (k).
SB530-SSA1,32,75
(1)
The treatment of section 812.35 (1a) of the statutes first applies to payday
6loans, as defined in section 138.14 (1) (k) of the statutes, as created by this act, made
7on the effective date of this subsection.
SB530-SSA1,32,109
(1)
This act takes effect on the first day of the 7th month beginning after
10publication.