The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB717,1 1Section 1. 425.1025 of the statutes is created to read:
AB717,3,3 2425.1025 Definition. In this subchapter, "billing statement" means a
3statement issued pursuant to 15 USC 1637 (b).
AB717,2 4Section 2. 425.105 (2) of the statutes is amended to read:
AB717,4,7
1425.105 (2) Except as provided in subs. (3) and to (3m), for 15 days after such
2notice is given, a customer may cure a default under a consumer credit transaction
3by tendering the amount of all unpaid installments due at the time of the tender,
4without acceleration, plus any unpaid delinquency or deferral charges, and by
5tendering performance necessary to cure any default other than nonpayment of
6amounts due. The act of curing a default restores to the customer the customer's
7rights under the agreement as though no default had occurred.
AB717,3 8Section 3. 425.105 (3g) of the statutes is created to read:
AB717,4,119 425.105 (3g) A right to cure shall not exist with respect to a consumer credit
10transaction pursuant to an open-end credit plan involving a credit card issued by a
11national bank.
AB717,4 12Section 4. 425.109 (1) (intro.) of the statutes is amended to read:
AB717,4,1413 425.109 (1) (intro.) A complaint by a creditor merchant to enforce any cause of
14action arising from a consumer credit transaction shall include all of the following:
AB717,5 15Section 5. 425.109 (1) (b) of the statutes is amended to read:
AB717,4,1716 425.109 (1) (b) A description of the collateral or leased goods, if any, which the
17creditor merchant seeks to recover or has recovered.
AB717,6 18Section 6. 425.109 (1) (d) of the statutes is renumbered 425.109 (1) (d) 1. and
19amended to read:
AB717,5,620 425.109 (1) (d) 1. The If the consumer credit transaction is pursuant to an
21open-end credit plan, the
actual or estimated amount of U.S. dollars or of a named
22foreign currency that the creditor alleges he or she is entitled to recover and the
23figures necessary for computation of the amount, including any amount received
24from the sale of any collateral
alleged to be due to the merchant on a date certain after
25the customer's default, as reflected on a billing statement addressed to the customer,

1and a breakdown of all charges, interest, and payments, including any amount
2received from the sale of any collateral, occurring after this date certain. This
3paragraph does not require a specific itemization, but the breakdown shall identify
4separately the amount due on a date certain, the total of all charges occurring after
5this date certain, the total of all interest occurring after this date certain, and the
6total of all payments occurring after this date certain
.
AB717,7 7Section 7. 425.109 (1) (d) 2. of the statutes is created to read:
AB717,5,168 425.109 (1) (d) 2. If the consumer credit transaction is other than one pursuant
9to an open-end credit plan, the actual or estimated amount of U.S. dollars or of a
10named foreign currency alleged to be due to the merchant on a date certain after the
11customer's default, and a breakdown of all charges, interest, and payments,
12including any amount received from the sale of any collateral, occurring after this
13date certain. This paragraph does not require a specific itemization, but the
14breakdown shall identify separately the amount due on a date certain, the total of
15all charges occurring after this date certain, the total of all interest occurring after
16this date certain, and the total of all payments occurring after this date certain.
AB717,8 17Section 8. 425.109 (1) (f) of the statutes is amended to read:
AB717,5,2318 425.109 (1) (f) Except in an action to recover goods subject to a consumer lease,
19the estimated amount of U.S. dollars or of a named foreign currency of any deficiency
20claim which may be available to the creditor merchant following the disposition of
21any collateral recovered subject to the limitations of s. 425.209 or which the creditor
22merchant seeks to recover and which the creditor merchant intends to assert subject
23to the limitations of s. 425.210 if the customer fails to redeem the collateral.
AB717,9 24Section 9. 425.109 (1) (h) of the statutes is amended to read:
AB717,6,6
1425.109 (1) (h) An Subject to sub. (2) and s. 425.205 (4), an accurate copy of the
2writings, if any, evidencing the transaction, except that with respect to claims arising
3under open-end credit plans, a statement that the creditor merchant will submit
4accurate copies of the writings evidencing the customer's obligation to the court and
5the customer upon receipt of the customer's written request therefor on or before the
6return date or the date on which the customer's answer is due.
AB717,10 7Section 10. 425.109 (2) of the statutes is amended to read:
AB717,6,188 425.109 (2) Upon the written request of the customer under sub. (1) (h), the
9creditor merchant shall submit accurate copies to the court and the customer of
10writings evidencing any transaction the customer's obligation pursuant to an
11open-end credit plan upon which the creditor's merchant's claim is made and default
12judgment may not be entered for the creditor merchant unless the creditor merchant
13does so. The writings requirement under this subsection is satisfied if the merchant
14provides the customer with a copy of the last billing statement addressed to the
15customer reflecting the total outstanding balance on the customer's account at the
16time this billing statement was issued. If this billing statement is attached to the
17complaint, then the statement under sub. (1) (h) is not required to be included in the
18complaint.
AB717,11 19Section 11. 425.109 (3) of the statutes is amended to read:
AB717,6,2120 425.109 (3) A default judgment may not be entered upon a complaint which
21fails to comply with this section.
AB717,12 22Section 12. 425.109 (4) of the statutes is created to read:
AB717,7,223 425.109 (4) For purposes of subchs. III and IV, a complaint that fails to comply
24with this section does not constitute a violation of chs. 421 to 427, and shall not give

1rise to recovery of attorney fees under s. 425.308, unless the customer establishes by
2a preponderance of the evidence that the failure to comply was willful or intentional.
AB717,13 3Section 13. 425.205 (4) of the statutes is amended to read:
AB717,7,134 425.205 (4) Upon the written request of the customer under s. 425.109 (2), the
5merchant shall produce an accurate copy of writings evidencing any transactions the
6customer's obligation
pursuant to an open-end credit plan upon which the
7merchant's claim is made, and default judgment shall not be entered for the
8merchant until unless the merchant does so. The writings requirement under this
9subsection is satisfied if the merchant provides the customer with a copy of the last
10billing statement addressed to the customer reflecting the total outstanding balance
11on the customer's account at the time this billing statement was issued. If this billing
12statement is attached to the complaint, then the statement under s. 425.109 (1) (h)
13is not required to be included in the complaint.
AB717,14 14Section 14. Initial applicability.
AB717,7,1815 (1) The treatment of sections 425.1025, 425.109 (1) (intro.), (b), (f), and (h), (2),
16(3), and (4) and 425.205 (4) of the statutes, the renumbering and amendment of
17section 425.109 (1) (d) of the statutes, and the creation of section 425.109 (1) (d) 2.
18of the statutes first apply to complaints filed on the effective date of this subsection.
AB717,15 19Section 15. Effective date.
AB717,7,2420 (1) The treatment of sections 425.1025, 425.109 (1) (intro.), (b), (f), and (h), (2),
21(3), and (4) and 425.205 (4) of the statutes, the renumbering and amendment of
22section 425.109 (1) (d) of the statutes, and the creation of section 425.109 (1) (d) 2.
23of the statutes take effect on the first day of the 4th month beginning after
24publication.
AB717,7,2525 (End)
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