AB898: Bill Text

AB898,30,4 (2) The date on which the lessee voluntarily surrenders the rental property.

AB898,30,14 430.702 Late payment, grace period, and late fees. (1) Late fee generally. If a lessee fails to make any payment when due under a rental-purchase agreement or if, at the end of any rental term, the lessee fails to return the rental property or to renew the rental-purchase agreement for an additional term, the rental-purchase company may require the lessee to pay a late fee. Except as provided in sub. (4), this subsection does not apply if the lessee's failure to return rental property or failure to renew the rental-purchase agreement at the end of the rental term is due to the lessee's exercise of an early-purchase option under the rental-purchase agreement or is due to the lessee's making all payments necessary to acquire ownership of the rental property.

AB898,30,16 (2) Grace periods. The following grace periods shall apply to rental payments made with respect to a rental-purchase agreement:

AB898,30,19 (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.

AB898,30,22 (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.

AB898,30,24 (3) Collection, application, and limitation of late fees. Late fees are subject to all of the following:

AB898,30,25 (a) A late fee may not exceed $5 for each past-due rental payment.

AB898,31,2 (b) A late fee may be collected only once on each rental payment due, regardless of how long the payment remains past due.

AB898,31,4 (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.

AB898,31,6 (d) A late fee may be collected at the time that the late fee accrues or at any time afterward.

AB898,31,9 (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.

AB898,31,13 430.703 Reinstatement of terminated rental-purchase agreement. (1) Reinstatement generally. A lessee may reinstate a terminated rental-purchase agreement without losing any rights or options previously acquired if all of the following apply:

AB898,31,15 (a) The lessee returned or surrendered the rental property within 7 days after the termination of the rental-purchase agreement.

AB898,31,20 (b) Not more than 60 days have passed after the date on which the rental property was returned to the rental-purchase company or, if the lessee has paid two-thirds or more of the total number of rental payments necessary to acquire ownership of the rental property, not more than 120 days have passed since the date on which the rental property was returned to the rental-purchase company.

AB898,31,24 (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.

AB898,32,6 (3) Effect of repossession on reinstatement. Nothing in this section prohibits a rental-purchase company from attempting to repossess rental property upon termination of a rental-purchase agreement, but such efforts do not affect the lessee's right to reinstate as long as the rental property is repossessed, voluntarily returned, or surrendered within 7 days after the termination of the rental-purchase agreement.

AB898,32,11 (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.

AB898,32,13 430.704 Default and right to cure. (1) Default generally. A lessee is in default under a rental-purchase agreement if any of the following applies:

AB898,32,17 (a) The lessee fails to return rental property within 7 days after the date on which 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 rental payments necessary to acquire ownership of the rental property.

AB898,32,19 (b) The lessee materially breaches any other provision of the rental-purchase agreement.

AB898,32,23 (2) Default; necessary for lessee liability. No cause of action shall accrue against a lessee with respect to the lessee's obligations under a rental-purchase agreement except upon default and the expiration of any applicable period of time allowed for cure of the default.

AB898,33,5 (3) Notice of default; general requirement. Except as provided in sub. (4), 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 may bring an action against the lessee.

AB898,33,11 (4) Notice of default; exception. 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 the lessee breaches the agreement and, in so doing, may or does materially impair the condition, value or protection of the rental property, or otherwise if each of the following occurred twice during the 12 months before the date of the current default with respect to the same rental-purchase agreement:

AB898,33,12 (a) The lessee was in default.

AB898,33,14 (b) The rental-purchase company gave the lessee written notice of the default and of the lessee's right to cure under sub. (3).

AB898,33,15 (c) The lessee cured the default.

AB898,33,19 (5) Request for voluntary surrender of property. A rental-purchase company may request the voluntary return or surrender of rental property prior to the declaration of a default and the sending of written notice of default and right to cure. A request under this subsection is subject to s. 430.801.

AB898,33,20 Subchapter VIII

AB898,33,21 Collection practices

AB898,33,25 430.801 Rental-purchase company collection practices. In attempting to recover possession of rental property or to collect past-due rental payments or other charges owed under a rental-purchase agreement, a rental-purchase company may not do any of the following:

AB898,34,2 (1) Use of force. Use or threaten to use force or violence to cause physical harm to the lessee or the lessee's property or to a person related to the lessee.

AB898,34,3 (2) Criminal prosecution. Threaten criminal prosecution.

AB898,34,6 (3) Disclosure of false information. Disclose or threaten to disclose information adversely affecting the lessee's reputation for creditworthiness with knowledge or reason to know that the information is false.

AB898,34,13 (4) Communication with lessee's employer. Initiate or threaten to initiate communication with the lessee's employer prior to obtaining final judgment against the lessee, except for the purpose of enforcing an assignment of earnings authorized under s. 430.802. This subsection does not prohibit a rental-purchase company from communicating with a lessee's employer solely to verify employment status or earnings or to determine if the employer has an established debt counseling service or procedure.

AB898,34,20 (5) Disclosure of information relating to lessee's reputation. Disclose or threaten to disclose to a person other than the lessee or the lessee's spouse information affecting the lessee's reputation, whether or not for creditworthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information, except that this subsection does not prohibit an inquiry solely for the purpose of determining the location of the lessee or the rental property.

AB898,34,23 (6) Disclosure of information regarding a disputed debt. Disclose or threaten to disclose information concerning the existence of a debt known to be reasonably disputed by the lessee without disclosing the fact that the lessee disputes the debt.

AB898,35,3 (7) Harassment. Communicate with the lessee or a person related to the lessee with such frequency or at such unusual hours or in such a manner as can reasonably be expected to threaten or harass the lessee, or a person related to the lessee, or engage in any other conduct that can reasonably be expected to threaten or harass the lessee or a person related to the lessee.

AB898,35,5 (8) Use of obscene or threatening language. Use obscene or threatening language in communicating with the lessee or a person related to the lessee.

AB898,35,7 (9) Use of threat to enforce false legal right. Claim, attempt to claim, or threaten to enforce a legal right with knowledge that the legal right does not exist.

AB898,35,10 (10) Use of false process. Use a communication which simulates legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government, government agency, or attorney-at-law when it is not.

AB898,35,14 (11) Use of threat to sue. Threaten to file a civil action against the lessee unless the civil action is of a type that the rental-purchase company files in the regular course of business or unless the rental-purchase company intends to file the civil action against the lessee.

AB898,35,18 (12) Violation of rules. Engage in false, misleading, deceptive, or unconscionable conduct in violation of a rule promulgated by the administrator after such or similar conduct has been restrained or enjoined by a court in a civil action by the administrator against any rental-purchase company.

AB898,35,22 430.802 Assignment of earnings. No rental-purchase company may take or arrange for an assignment of earnings of an individual for payment or as security for payment of an obligation arising out of a rental-purchase agreement unless the assignment is revocable at will by the individual.

AB898,35,23 Subchapter IX

AB898,35,25 Penalties, civil actions, limitations, and venue

AB898,36,3 430.901 Penalties. (1) Failure to pay fees and provide reports, information, and notices; generally. (a) A licensee that fails to do any of the following may be required to forfeit not more than $50:

AB898,36,4 1. File its annual report by the date specified in s. 430.407 (1).

AB898,36,5 2. Pay the annual license fee by the date specified in s. 430.404 (4).

AB898,36,7 3. Provide any required rider or endorsement to increase the amount of its bond by the date specified in s. 430.404 (4).

AB898,36,8 4. Provide examination records by the date required by the division.

AB898,36,10 5. Notify the division in writing of a relocation of the licensee's place of business by the date specified in s. 430.406 (1).

AB898,36,12 6. Provide notice to the division of other changes as required under s. 430.406 (2) by the date specified in s. 430.406 (2).

AB898,36,14 (b) Each day that a failure described in par. (a) continues constitutes a separate offense.

AB898,36,19 (2) Failure to provide certain information. A licensee that fails to provide any additional information, data, or records requested by the division under s. 430.406 (2) by the date specified in s. 430.406 (2) may be required to forfeit not more than $100. Each day that a failure described in this subsection continues constitutes a separate offense.

AB898,36,23 (3) Misdemeanors. Any person who willfully and knowingly violates s. 430.408 (2) or any provision of ss. 430.401 to 430.407, other than those provisions described in subs. (1) and (2), may be fined not more than $2,000, imprisoned for not more than 6 months, or both.

AB898,37,4 430.902 Civil actions and defenses. (1) Liability generally. Except as provided under subs. (2) to (8), a rental-purchase company that violates any provision of this chapter is liable to a lessee that is damaged as a result of that violation for the costs of the action and, notwithstanding s. 814.04 (1), for reasonable attorney fees as determined by the court, plus an amount equal to the sum of the following:

AB898,37,6 (a) The actual damages, including any incidental and consequential damages, sustained by the lessee as a result of the violation.

AB898,37,10 (b) An amount equal to 25 percent of the total amount of payments necessary to acquire ownership of the rental property under the lessee's rental-purchase agreement, except that liability under this paragraph may not be less than $100 nor more than $1,000.

AB898,37,14 (2) Temporary relief; injunctions. The administrator may bring a civil action to restrain, by temporary or permanent injunction, a merchant from violating any provision of this chapter, or from engaging in false, misleading, deceptive, or unconscionable conduct, in rental-purchase transactions.

AB898,37,19 (3) Liability; certain violations. Except as provided in subs. (4) and (5), if a rental-purchase agreement violates s. 430.503, the lessee may retain the rental property under the rental-purchase agreement without obligation to pay any amount and may recover any amounts paid to the rental-purchase company under the rental-purchase agreement.

AB898,38,6 (4) Class action. (a) In the case of a class action, a rental-purchase company that violates this chapter is liable to the members of the class in an amount equal to the actual damages incurred by the class. The total statutory damages for all lessees whose recovery is computed under sub. (1) (b) relating to statutory damages may not exceed $500,000 plus the costs of the action and, notwithstanding s. 814.04 (1), reasonable attorneys' fees as determined by the court. In determining the amount to award under sub. (1) (b), the court shall consider, among other relevant factors, the amount of actual damages sustained by the members of the class, the frequency and persistence of the violations by the rental-purchase company, the resources of the rental-purchase company, the number of persons damaged by the violation, the presence or absence of good faith on the part of the rental-purchase company, and the extent to which the violation was intentional.

AB898,38,11 (b) Notwithstanding par. (a), no class action may be maintained for conduct proscribed in ch. 430 unless the conduct has been found to violate ch. 430 at least 30 days prior to the occurrence of the conduct involved in the class action by an appellate court of this state or by a rule promulgated by the division, specifying with particularity the act or practice in question.

AB898,38,13 (c) At least 30 days before commencing a class action for damages, a party must do all of the following:

AB898,38,15 1. Notify the rental-purchase company against whom an alleged cause of action is asserted of the alleged claim or violation.

AB898,38,17 2. Demand that the rental-purchase company correct, or otherwise remedy, the basis for the alleged claim.

AB898,38,22 (d) The notice required in par. (c) shall be in writing, and shall be sent by certified or registered mail, return receipt requested, to the rental-purchase company at the place where the transaction occurred, the company's principal place of business within the state, or, if neither will effect actual notice, the department of financial institutions.

AB898,39,2 (e) Except as provided in par. (g), no action for damages may be maintained under this section if an appropriate remedy, which shall include actual damages and may include penalties, is given, or agreed to be given within a reasonable time, to such party within 30 days after receipt of such notice.

AB898,39,5 (f) Except as provided in par. (g), no action for damages may be maintained under this section upon a showing by a rental-purchase company against whom the alleged claim or violation is asserted that all of the following exist:

AB898,39,7 1. All lessees similarly situated have been identified, or a reasonable effort to identify such other lessees has been made.

AB898,39,9 2. All lessees identified under subd. 1. have been notified that, upon their request, the rental-purchase company shall make the appropriate remedy.

AB898,39,11 3. The remedy requested by the lessees has been or in a reasonable time will be given.

AB898,39,15 4. The rental-purchase company has ceased from engaging, or if immediate cessation is impossible under the circumstances, the rental-purchase company will, within a reasonable time, cease to engage in any acts on which the alleged claim is based.

AB898,39,20 (g) An action for injunctive relief may be commenced without compliance with par. (c). Not less than 30 days after the commencement of an action for injunctive relief, and after compliance with par. (c), the lessee may amend his or her complaint without leave of court to include a request for damages. Paragraphs (e) and (f) shall apply if the complaint for injunctive relief is amended to request damages.

AB898,40,2 (h) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order may be conditional, and may be altered or amended before the decision on the merits. If the court determines that the action may not be maintained as a class action, it shall allow the action to proceed on behalf of the parties appearing in the action.

AB898,40,6 (i) In any class action, the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall inform each class member that:

AB898,40,8 1. The court will exclude him or her from the class if he or she so requests by a specified date.

AB898,40,10 2. The judgment, whether favorable or not, will include all members who do not request exclusion.

AB898,40,12 3. Any member who does not request exclusion may enter an appearance through his or her counsel.

AB898,40,18 (j) The judgment in an action maintained as a class action under this section, whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action, whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in par. (i) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.

AB898,40,21 (k) When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class.

AB898,40,24 (L) If judgment is for a class of plaintiffs, the court shall render judgment in favor of the administrator and against the defendants for all costs of notice incurred by the administrator in such action.

AB898,41,2 (m) In the conduct of actions to which this section applies, the court may make, alter, or amend orders that do any of the following:

AB898,41,4 1. Determine the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument.

AB898,41,10 2. Require, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action.

AB898,41,11 3. Impose conditions on the representative parties or on intervenors.

AB898,41,13 4. Require that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly.

AB898,41,14 5. Deal with similar procedural matters.

AB898,41,18 (n) Once certified by the court under this section, a class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.

AB898,41,23 (o) A rental-purchase company shall not be liable in a class action for statutory damages computed under sub. (1) (b) relating to statutory damages, unless it is shown by a preponderance of the evidence that the violation was a willful and knowing violation of this chapter. No recovery in an action under this subsection may exceed $500,000.