SB396,12,1613 146.82 (2) (b) Except as provided in s. 610.70 (3) and (5) (ac), unless authorized
14by a court of record, the recipient of any information under par. (a) shall keep the
15information confidential and may not disclose identifying information about the
16patient whose patient health care records are released.
SB396, s. 12 17Section 12. 224.15 of the statutes is created to read:
SB396,13,5 18224.15 Liability for unauthorized, remote access to customer's
19account.
(1) Definitions. (a) "Automatic teller machine" means a terminal or other
20facility or installation, attended or unattended, that is not located at the principal
21place of business or at a branch or remote facility of a depository institution and
22through which customers and depository institutions may engage, by means of either
23the direct transmission of electronic impulses to and from a depository institution or
24the recording of electronic impulses or other indicia of a transaction for delayed
25transmission to a depository institution, in transactions that are incidental to the

1conduct of the business of a depository institution and that are otherwise permitted
2by law. "Automated teller machine" also includes all equipment, regardless of
3location, that is interconnected with an automated teller machine and that is
4necessary to transmit, route, and process electronic impulses in order to enable the
5automated teller machine to perform any function for which it is designed.
SB396,13,76 (b) "Depository institution" means a bank, savings bank, savings and loan
7association, or credit union.
SB396,13,11 8(2) Limitation of liability. (a) The liability of a customer of a depository
9institution for the unauthorized use of a plastic card or other means of providing the
10customer access to the customer's account through an automated teller machine may
11not exceed the lesser of the following:
SB396,13,1212 1. Fifty dollars.
SB396,13,1913 2. The amount of any money, property, or services obtained by the unauthorized
14use of the plastic card or other means of access prior to the time the depository
15institution is notified of, or otherwise becomes aware of, circumstances that lead to
16the belief that unauthorized access to the customer's account may be obtained.
17Notice is sufficient when the customer takes such steps as may reasonably be
18required in the ordinary course of business to provide the depository institution with
19the pertinent information.
SB396,13,2420 (b) A customer who furnishes another person with a plastic card or other means
21of providing access to the customer's account through an automated teller machine
22shall be deemed to authorize all transactions that may be accomplished by that
23means, until the customer gives actual notice to the depository institution that
24further transactions are unauthorized.
SB396, s. 13
1Section 13. 411.103 (1) (e) of the statutes is renumbered 411.103 (1) (e) (intro)
2and amended to read:
SB396,14,73 411.103 (1) (e) (intro.) "Consumer lease" means a lease that a lessor regularly
4engaged in the business of leasing or selling makes to a lessee who is an individual
5and who takes under the lease primarily for a personal, family, or household purpose,
6if the total payments to be made under the lease contract, excluding payments for
7options to renew or buy, do not exceed $25,000. the following:
SB396, s. 14 8Section 14. 411.103 (1) (e) 1. of the statutes is created to read:
SB396,14,109 411.103 (1) (e) 1. For a lease entered into before the effective date of this
10subdivision .... [revisor inserts date], $25,000.
SB396, s. 15 11Section 15. 411.103 (1) (e) 2. of the statutes is created to read:
SB396,14,1312 411.103 (1) (e) 2. For a lease entered into on or after the effective date of this
13subdivision .... [revisor inserts date], $50,000.
SB396, s. 16 14Section 16. 421.202 (6) of the statutes is renumbered 421.202 (6) (a) and
15amended to read:
SB396,14,2116 421.202 (6) (a) Consumer credit transactions in which the amount financed
17exceeds $25,000, motor vehicle consumer leases in which the total lease obligation
18exceeds $25,000, or other consumer transactions in which the cash price exceeds
19$25,000;, if the consumer credit transaction, motor vehicle consumer lease, or other
20consumer transaction was entered into before the effective date of this paragraph ....
21[revisor inserts date].
SB396, s. 17 22Section 17. 421.202 (6) (b) of the statutes is created to read:
SB396,15,323 421.202 (6) (b) Consumer credit transactions in which the amount financed
24exceeds $50,000, motor vehicle consumer leases in which the total lease obligation
25exceeds $50,000, or other consumer transactions in which the cash price exceeds

1$50,000, if the consumer credit transaction, motor vehicle consumer lease, or other
2consumer transaction was entered into on or after the effective date of this paragraph
3.... [revisor inserts date].
SB396, s. 18 4Section 18. 422.201 (3) of the statutes is amended to read:
SB396,15,95 422.201 (3) For Notwithstanding sub. (2), for licensees under s. 138.09 and
6under ss. 218.0101 to 218.0163 and for payday loan providers under s. 138.14, the
7finance charge, calculated according to those sections, may not exceed the applicable
8maximums permitted in and calculated under ss. 138.09 , 138.14, and 218.0101 to
9218.0163, respectively.
SB396, s. 19 10Section 19. 422.308 (2g) of the statutes is created to read:
SB396,15,1711 422.308 (2g) (a) This paragraph applies to every open-end credit plan under
12which a customer obtains credit pursuant to an application described under sub. (1)
13or pursuant to a transaction described under sub. (2). If the annual percentage rate
14under the open-end credit plan is fixed for a specified period of time and then
15automatically increases or becomes a variable rate, the creditor under the open-end
16credit plan shall provide the customer the following notice, on a separate document
17in not less than 12-point boldface type:
SB396,16,218 ATTENTION: IMPORTANT DISCLOSURE AS REQUIRED BY STATE OF
19WISCONSIN. THE ANNUAL PERCENTAGE RATE FOR THE EXTENSION OF
20CREDIT WE, .... (NAME OF CREDITOR), GRANTED YOU ON .... (DATE ON
21WHICH CREDIT EXTENDED) AUTOMATICALLY (INCREASES) (BECOMES A
22VARIABLE RATE) AFTER .... (DESCRIPTION OF CIRCUMSTANCES UNDER
23WHICH THE INCREASE OR VARIABLE RATE OCCURS). THE (INCREASED)
24(VARIABLE) RATE IS .... (STATEMENT OF INCREASED RATE OR
25DESCRIPTION OF HOW VARIABLE RATE IS DETERMINED). THE

1(INCREASED) (VARIABLE) RATE APPLIES .... (DESCRIPTION OF
2APPLICABILITY OF INCREASED OR VARIABLE RATE).
SB396,16,123 (b) Except as otherwise provided in this paragraph, the creditor shall give the
4customer the notice required under par. (a) before the first transaction is made under
5the open-end credit plan and with each subsequent billing statement, until the
6annual percentage rate ceases to automatically increase or becomes variable. If the
7notice is mailed to the customer, is shall be mailed in an envelope marked in not less
8than 12-point boldface type "ATTENTION: IMPORTANT DISCLOSURE
9ENCLOSED, AS REQUIRED BY STATE OF WISCONSIN." If the customer is to
10receive a credit card under the open-end credit plan, the notice required to be given
11before the first transaction is made under the plan shall be delivered to the customer
12along with the credit card.
SB396, s. 20 13Section 20. 422.308 (2r) of the statutes is created to read:
SB396,16,2514 422.308 (2r) (a) This paragraph applies to every open-end credit plan under
15which a customer obtains credit pursuant to an application described under sub. (1)
16or pursuant to a transaction described under sub. (2). If the creditor under the
17open-end credit plan furnishes the customer with a periodic statement that states
18a minimum monthly payment due under the open-end credit plan, the creditor shall
19include, as part of or along with the periodic statement, a notice in not less than
2012-point boldface type indicating the total amount of finance charges the customer
21would pay if he or she entered into no transactions under the open-end credit plan
22after the date of the periodic statement and paid off the debt owing under the
23open-end credit plan by making only the minimum monthly payment every month.
24If the customer is unable to pay off the debt owing under the open-end credit plan
25by making the minimum monthly payment every month, the notice shall so indicate.
SB396, s. 21
1Section 21. 422.422 of the statutes is created to read:
SB396,17,8 2422.422 Arbitration of controversies under consumer credit
3transactions.
(1) Prohibited arbitration agreements. Except as provided in sub.
4(2), no agreement between the parties to a consumer credit transaction may contain
5a provision requiring the parties to submit to arbitration a controversy that arises
6after the date on which the parties enter into the consumer credit transaction and
7that arises out of the consumer credit transaction or out of a failure to perform as
8required under the consumer credit transaction.
SB396,17,12 9(2) Permissible arbitration agreements. Subsection (1) does not prohibit the
10parties to a consumer credit transaction from agreeing in writing to submit a
11controversy to arbitration, if the parties enter into the agreement after the date on
12which the controversy arises.
SB396,17,14 13(3) Remedy. If an agreement violates sub. (1), that portion of the agreement
14that requires arbitration is void and unenforceable.
SB396, s. 22 15Section 22. 423.301 of the statutes is renumbered 423.301 (1).
SB396, s. 23 16Section 23. 423.301 (1) (title) of the statutes is created to read:
SB396,17,1717 423.301 (1) (title) General prohibition.
SB396, s. 24 18Section 24. 423.301 (2) of the statutes is created to read:
SB396,17,2519 423.301 (2) Deceptive preapproved rates, terms, or conditions of open-end
20credit plans.
(a) No merchant may directly communicate to a customer, or cause to
21be directly communicated to a customer, that the merchant has preapproved an
22extension of credit to the customer under an open-end credit plan and then,
23pursuant to the customer's response to the communication, make an extension of
24credit to the customer under an open-end credit plan with rates, terms, or conditions
25that are less financially favorable to the customer than those communicated.
SB396,18,4
1(b) Except as provided under par. (c), it is not a defense to a violation of par. (a)
2that the merchant's approval of an extension of credit to the customer is made subject
3to the merchant's review of the customer's financial information, credit worthiness,
4credit standing, or credit capacity.
SB396,18,105 (c) Paragraph (a) does not apply to an extension of credit under an open-end
6credit plan with different rates, terms, or conditions than those communicated to a
7customer, if the difference in rates, terms, or conditions resulted from an adverse
8change in the financial circumstances of the customer between the date on which the
9merchant communicates preapproval and the date on which the merchant makes the
10extension of credit.
SB396, s. 25 11Section 25. 423.301 (3) of the statutes is created to read:
SB396,18,1712 423.301 (3) Deceptive preapproval of open-end credit plans. (a) No merchant
13may refuse to extend credit to a customer under an open-end credit plan if the
14customer requests the extension of credit in response to a direct communication from
15the merchant, or a direct communication caused by the merchant, indicating that the
16merchant has preapproved the extension of credit to the customer under an
17open-end credit plan.
SB396,18,2118 (b) Except as provided under par. (c), it is not a defense to a violation of par. (a)
19that the merchant's approval of an extension of credit to the customer is made subject
20to the merchant's review of the customer's financial information, credit worthiness,
21credit standing, or credit capacity.
SB396,19,222 (c) Paragraph (a) does not apply to a refusal to extend credit under an open-end
23credit plan, if the refusal resulted from an adverse change in the financial
24circumstances of the customer between the date on which the merchant

1communicates preapproval and the date on which the merchant refuses to extend
2credit.
SB396, s. 26 3Section 26. 423.302 of the statutes is amended to read:
SB396,19,7 4423.302 Remedies and penalty. In addition to any other remedy provided
5by law, a customer who has been induced to consummate a consumer credit
6transaction as a result of an advertising or communication in violation of s. 423.301
7shall be entitled to a recovery from the merchant in accordance with s. 425.305.
SB396, s. 27 8Section 27. 425.302 (1) (a) of the statutes is amended to read:
SB396,19,99 425.302 (1) (a) Twenty-five Five hundred dollars; and
SB396, s. 28 10Section 28. 425.303 (1) of the statutes is amended to read:
SB396,19,1111 425.303 (1) One hundred thousand dollars; and
SB396, s. 29 12Section 29. 425.304 (1) of the statutes is amended to read:
SB396,19,1513 425.304 (1) Twice the amount of the finance charge in connection with the
14transaction, except that the liability under this subsection shall not be less than $100
15nor greater than $1,000 $5,000; or
SB396, s. 30 16Section 30. 426.104 (4) (a) and (b) of the statutes are amended to read:
SB396,19,2517 426.104 (4) (a) No provision of chs. 421 to 427 and 429 or of any statute to which
18chs. 421 to 427 and 429 refer which imposes any penalty shall apply in any
19administrative proceeding conducted by the administrator or the official or agency
20having supervisory authority over the person alleged to have committed the violation

21to any act done or omitted to be done in conformity with any rule or order of the
22administrator or any written opinion, interpretation or statement of the
23administrator, notwithstanding that such rule, order, opinion, interpretation or
24statement may, after such act or omission, be amended or rescinded or be determined
25by judicial or other authority to be invalid for any reason.
SB396,20,10
1(b) Any act, practice or procedure which has been submitted to the
2administrator in writing and either approved in writing by the administrator or not
3disapproved by the administrator within 60 days after its submission to the
4administrator shall not be deemed to be a violation of chs. 421 to 427 and 429 or any
5other statute to which chs. 421 to 427 and 429 refer in any administrative proceeding
6conducted by the administrator or the official or agency having supervisory authority
7over the person alleged to have committed the violation,
notwithstanding that the
8approval of the administrator or nondisapproval by the administrator may be
9subsequently amended or rescinded or be determined by judicial or other authority
10to be invalid for any reason.
SB396, s. 31 11Section 31. 426.110 (3) of the statutes is repealed.
SB396, s. 32 12Section 32. 426.110 (14) of the statutes is amended to read:
SB396,20,2013 426.110 (14) A merchant shall not be liable in a class action for specific
14penalties under s. 425.302 (1) (a), 425.303 (1), 425.304 (1), 425.305 (1) or 429.301 (1)
15for which it would be liable in individual actions by reason of violations of chs. 421
16to 427 and 429 or of conduct prescribed in sub. (2) unless it is shown by a
17preponderance of the evidence that the violation was a wilful and knowing violation
18of chs. 421 to 427 and 429. No A recovery in an action under this subsection may not
19exceed $100,000 the lesser of $500,000 or 1% of the net worth of the merchant liable
20in the action
.
SB396, s. 33 21Section 33. 428.101 (3) of the statutes is amended to read:
SB396,20,2522 428.101 (3) Loans made on or after November 1, 1981, and before the effective
23date of this subsection .... [revisor inserts date],
by a creditor to a customer and which
24are secured by a first lien real estate mortgage or equivalent security interest if the
25amount financed is $25,000 or less.
SB396, s. 34
1Section 34. 428.101 (4) of the statutes is created to read:
SB396,21,52 428.101 (4) Loans made on or after the effective date of this subsection ....
3[revisor inserts date], by a creditor to a customer and which are secured by a first lien
4real estate mortgage or equivalent security interest if the amount financed is
5$50,000 or less.
SB396, s. 35 6Section 35. 429.104 (9) of the statutes is renumbered 429.104 (9) (a) (intro) and
7amended to read:
SB396,21,148 429.104 (9) (a) (intro.) "Consumer lease" or "lease" means a lease entered into
9in this state that transfers the right of possession and use by a natural person of a
10motor vehicle primarily for a personal, family, household, or agricultural purpose, for
11a period of time exceeding 4 months, if the total lease obligation, excluding any option
12to purchase or otherwise become owner of the motor vehicle at the expiration of the
13consumer lease, does not exceed $25,000. The term does not include a credit sale, as
14defined under 12 CFR 226.2 (a) (16).
the following:
SB396, s. 36 15Section 36. 429.104 (9) (a) 1. of the statutes is created to read:
SB396,21,1716 429.104 (9) (a) 1. For a lease entered into before the effective date of this
17subdivision .... [revisor inserts date], $25,000.
SB396, s. 37 18Section 37. 429.104 (9) (a) 2. of the statutes is created to read:
SB396,21,2019 429.104 (9) (a) 2. For a lease entered into on or after the effective date of this
20subdivision .... [revisor inserts date], $50,000.
SB396, s. 38 21Section 38. 429.104 (9) (b) of the statutes is created to read:
SB396,21,2322 429.104 (9) (b) "Consumer lease" or "lease" does not include a credit sale, as
23defined under 12 CFR 226.2 (a) (16).
SB396, s. 39 24Section 39. 610.70 (5) of the statutes is renumbered 610.70 (5) (ac).
SB396, s. 40 25Section 40. 610.70 (5) (bc) of the statutes is created to read:
SB396,22,4
1610.70 (5) (bc) An insurer that discloses personal medical information
2concerning an individual in a manner that is inconsistent with par. (ac) shall be liable
3to the individual for actual damages, exemplary damages of not more than $25,000,
4costs, and reasonable actual attorney fees.
SB396, s. 41 5Section 41. 788.01 of the statutes is amended to read:
SB396,22,15 6788.01 Arbitration clauses in contracts enforceable. A Except as
7provided in s. 422.422, a
provision in any written contract to settle by arbitration a
8controversy thereafter arising out of the contract, or out of the refusal to perform the
9whole or any part of the contract, or an agreement in writing between 2 or more
10persons to submit to arbitration any controversy existing between them at the time
11of the agreement to submit, shall be valid, irrevocable and enforceable except upon
12such grounds as exist at law or in equity for the revocation of any contract. This
13chapter shall not apply to contracts between employers and employees, or between
14employers and associations of employees, except as provided in s. 111.10, nor to
15agreements to arbitrate disputes under s. 101.143 (6s) or 230.44 (4) (bm).
SB396, s. 42 16Section 42. 788.015 of the statutes is amended to read:
SB396,22,24 17788.015 Agreement to arbitrate real estate transaction disputes. A
18Except as provided in s. 422.422, a provision in any written agreement between a
19purchaser or seller of real estate and a real estate broker, or between a purchaser and
20seller of real estate, to submit to arbitration any controversy between them arising
21out of the real estate transaction is valid, irrevocable and enforceable except upon
22any grounds that exist at law or in equity for the revocation of any agreement. The
23agreement may limit the types of controversies required to be arbitrated and specify
24a term during which the parties agree to be bound by the agreement.
SB396, s. 43 25Section 43. Initial applicability.
SB396,23,3
1(1) Arbitration. The treatment of sections 422.422, 788.01, and 788.015 of the
2statutes first applies to agreements entered into on the effective date of this
3subsection.
SB396,23,94 (2) Transactions of $50,000 or less. The treatment of sections 138.09 (title) and
5(3) (e) 1. a. and 428.101 (3) and (4) of the statutes, the renumbering and amendment
6of sections 138.052 (9), 411.103 (1) (e), 421.202 (6), and 429.104 (9) of the statutes,
7and the creation of sections 138.052 (9) (b), 411.103 (1) (e) 1. and 2., 421.202 (6) (b),
8and 429.104 (9) (a) 1. and 2. and (b) of the statutes first apply to transactions entered
9into on the effective date of this subsection.
SB396,23,1410 (3) Deceptive preapprovals. The treatment of sections 100.18 (10v), 100.26 (4),
11and 423.302 of the statutes, the renumbering of section 423.301 of the statutes, and
12the creation of sections 423.301 (1) (title), (2), and (3) of the statutes first apply an
13extension of credit or refusal to extend credit that takes place pursuant to a direct
14communication of preapproval made on the effective date of this subsection.
SB396,23,1615 (4) Payday loans. The treatment of sections 138.14 and 422.201 (3) of the
16statutes first applies to payday loans made on the effective date of this subsection.
SB396,23,1917 (5) Damages in class actions under the Wisconsin Consumer Act. The
18treatment of section 426.110 (14) of the statutes first applies to actions commenced
19on the effective date of this subsection.
SB396,23,2220 (6) Bar to certain class actions under the Wisconsin Consumer Act. The
21treatment of section 426.110 (3) of the statutes first applies to actions commenced on
22the effective date of this subsection.
SB396,23,2523 (7) Penalties under the Wisconsin Consumer Act. The treatment of sections
24425.302 (1) (a), 425.303 (1), and 425.304 (1) of the statutes first applies to actions
25commenced on the effective date of this subsection.
SB396,24,5
1(8) Unauthorized insurer disclosure. The treatment of sections 51.30 (4) (a)
2and 146.82 (2) (b) of the statutes, the renumbering of section 610.70 (5) of the
3statutes, and the creation of section 610.70 (5) (bc) of the statutes first apply to
4personal medical information disclosures made on the effective date of this
5subsection.
SB396, s. 44 6Section 44. Effective dates. This act takes effect on the day after publication
7except as follows:
SB396,24,138 (1) Transactions of $50,000 or less. The treatment of sections 138.09 (title) and
9(3) (e) 1. a. and 428.101 (3) and (4) of the statutes, the renumbering and amendment
10of sections 138.052 (9), 411.103 (1) (e), 421.202 (6), and 429.104 (9) of the statutes,
11and the creation of sections 138.052 (9) (b), 411.103 (1) (e) 1. and 2., 421.202 (6) (b),
12and 429.104 (9) (a) 1. and 2. and (b) of the statutes take effect on the first day of the
136th month beginning after publication.
SB396,24,1514 (2) Payday loans. The treatment of sections 138.14 and 422.201 (3) of the
15statutes takes effect on the first day of the 6th month beginning after publication.
SB396,24,1616 (End)
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