AB218,46,2017 (b) If an individual voids an agreement pursuant to sub. (24) (a), the individual
18may recover in a civil action 3 times the total amount of the fees, charges, money, and
19payments made by the individual to the provider, in addition to the recovery under
20par. (c) 4.
AB218,46,2321 (c) Subject to par. (d), an individual with respect to whom a provider violates
22this section may recover all of the following in a civil action from the provider and
23any person that caused the violation:
AB218,46,2524 1. Compensatory damages for injury, including noneconomic injury, caused by
25the violation.
AB218,47,4
12. Except as otherwise provided in par. (d) and subject to adjustment of the
2dollar amount pursuant to sub. (31) (f), with respect to a violation of sub. (16), (18),
3(19), (20), (21), (22), (23), (26), or (27) (a), (b), or (d), the greater of the amount
4recoverable under subd. 1. or $5,000.
AB218,47,55 3. Punitive damages.
AB218,47,66 4. Reasonable attorney's fees and costs.
AB218,47,87 (d) In a class action, except for a violation of sub. (27) (a) 5., the minimum
8damages provided in par. (c) 2. do not apply.
AB218,47,129 (e) In addition to the remedy available under par. (c), if a provider violates an
10individual's rights under sub. (19), the individual may recover in a civil action all
11money paid or deposited by or on behalf of the individual pursuant to the agreement,
12except for amounts paid to creditors.
AB218,47,2013 (f) A provider is not liable under this subsection for a violation of this section
14if the provider proves that the violation was not intentional and resulted from a
15good-faith error notwithstanding the maintenance of procedures reasonably
16adapted to avoid the error. An error of legal judgment with respect to a provider's
17obligations under this section is not a good-faith error. If, in connection with a
18violation, the provider has received more money than authorized by an agreement
19or this section, the defense provided by this paragraph is not available unless the
20provider refunds the excess within 2 business days of learning of the violation.
AB218,47,2221 (g) The division shall assist an individual in enforcing a judgment against the
22surety bond provided under sub. (13).
AB218,47,25 23(35) Violation of unfair or deceptive practices. If an act or practice of a
24provider violates both this section and ch. 100, an individual may not recover under
25both for the same act or practice.
AB218,48,3
1(36) Statute of limitations. (a) An action or proceeding brought pursuant to
2sub. (32) (a), (b), or (c) must be commenced within 4 years after the conduct that is
3the basis of the division's complaint.
AB218,48,54 (b) An action brought pursuant to sub. (34) must be commenced within 2 years
5after the latest of the following:
AB218,48,66 1. The individual's last transmission of money to a provider.
AB218,48,87 2. The individual's last transmission of money to a creditor at the direction of
8the provider.
AB218,48,99 3. The provider's last disbursement to a creditor of the individual.
AB218,48,1010 4. The provider's last accounting to the individual pursuant to sub. (26) (a).
AB218,48,1211 5. The date on which the individual discovered or reasonably should have
12discovered the facts giving rise to the individual's claim.
AB218,48,1413 6. Termination of actions or proceedings by the division with respect to a
14violation of the section.
AB218,48,1915 (c) The period prescribed in par. (b) 5. is tolled during any period during which
16the provider or, if different, the defendant has materially and willfully
17misrepresented information required by this section to be disclosed to the individual,
18if the information so misrepresented is material to the establishment of the liability
19of the defendant under this section.
AB218,48,22 20(37) Uniformity of application and construction. In applying and construing
21this uniform act, consideration must be given to the need to promote uniformity of
22the law with respect to its subject matter among states that enact it.
AB218,49,2 23(38) Relation to Electronic Signatures in Global and National Commerce Act.
24This section modifies, limits, and supersedes the federal Electronic Signatures in
25Global and National Commerce Act (15 USC 7001 to 7031) but does not modify, limit,

1or supersede 15 USC 7001 (c) or authorize electronic delivery of any of the notices
2described in 15 USC 7003 (b).
AB218, s. 5 3Section 5. 218.02 (9) of the statutes is renumbered 218.02 (39).
AB218, s. 6 4Section 6. 218.02 (10) of the statutes is renumbered 218.02 (40).
AB218, s. 7 5Section 7. 220.02 (2) (b) of the statutes is amended to read:
AB218,49,96 220.02 (2) (b) The lending of money under s. 138.09 or those relating to finance
7companies, motor vehicle dealers, adjustment service companies debt-management
8service providers
, community currency exchanges, and collection agencies under ch.
9218.
AB218, s. 8 10Section 8. 220.02 (3) of the statutes is amended to read:
AB218,49,2011 220.02 (3) It is the intent of sub. (2) to give the division jurisdiction to enforce
12and carry out all laws relating to banks or banking in this state, including those
13relating to state banks, savings banks, savings and loan associations, and trust
14company banks, and also all laws relating to small loan companies or other loan
15companies or agencies, finance companies, insurance premium finance companies,
16motor vehicle dealers, adjustment service companies debt-management service
17providers
, community currency exchanges, mortgage bankers, loan originators,
18mortgage brokers, and collection agencies and those relating to sellers of checks
19under ch. 217, whether doing business as corporations, individuals, or otherwise, but
20to exclude laws relating to credit unions.
AB218, s. 9 21Section 9. 422.501 (2) (b) 4. of the statutes is amended to read:
AB218,49,2422 422.501 (2) (b) 4. A person licensed as an adjustment service company a
23debt-management service provider
under s. 218.02 if the person is acting within the
24course and scope of that license.
AB218, s. 10 25Section 10. Initial applicability.
AB218,50,3
1(1) This act first applies to agreements for the performance of
2debt-management services that are entered into, extended, modified, or renewed on
3the effective date of this subsection.
AB218, s. 11 4Section 11. Effective date.
AB218,50,65 (1) This act takes effect on the first day of the 13th month beginning after
6publication.
AB218,50,77 (End)
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