AB863: Bill Text

AB863,5,23 3. The name, last known address, date of birth, and last four digits of the social security number of the customer as it appeared on the original merchant's records.

AB863,5,24 4. The customer's last account number with the original merchant.

AB863,6,4 5. The date that the debt was incurred, and the date and amount of the last payment by the customer toward the debt. For purposes of this subdivision, in the case of credit, the date that the debt was incurred shall be the last extension made for the purchase of goods or services, for the lease of goods, or as a loan of money.

AB863,6,7 6. A copy of the signed contract, signed application, or other documents that provide evidence of the customer's obligation and the terms of the customer's obligation.

AB863,6,14 7. An itemized accounting of the amount claimed to be owed, including the amount of the principal; the amount of any interest, fees, or charges; and whether the charges were imposed by the original merchant, a debt collector, or a subsequent owner of the debt. If the debt arises from a credit card, the account shall include copies of the last 24 periodic statements required by the federal Truth in Lending Act, 15 USC 1637 (b), that evidence the transactions, purchases, fees, and charges that comprise the debt.

AB863,6,16 (4) Upon request by the customer, a debt collector shall provide to the customer, within 30 days of the request, copies of business records described in sub. (3) (b).

AB863,6,18 (5) Any person who sells or assigns a debt or claim shall provide to the buyer or assignee, at the time of the sale or assignment, all of the following:

AB863,6,20 (a) Complete, authenticated documentation that the person is the owner of the debt or claim at issue.

AB863,6,21 (b) A statement disclosing all of the following:

AB863,6,23 1. Whether the customer has disputed or asserted any defenses to any portion of the debt or claim, and notes or recordings of all related communications.

AB863,7,2 2. Any validation, or lack of validation, that the seller or assignor has provided the customer under section 809 of the federal Fair Debt Collection Practices Act, 15 USC 1692g, or has received from the original merchant or previous seller or assignor in response to a dispute or request for validation by the customer.

AB863,7,4 3. Whether any settlement has been reached concerning any portion of the debt or claim.

AB863,7,5 4. Whether the debt or claim is within the statute of limitations.

AB863,7,7 5. Whether the customer is or has been represented by an attorney and, if so, the attorney's contact information.

AB863,7,9 6. Whether the customer has informed a debt collector that a time or place is inconvenient to the customer for communication.

AB863,7,10 7. Whether the debt or claim has been discharged or listed in bankruptcy.

AB863,7,12 8. Any illness or disability claimed by the customer or known to the seller or assignor of the debt or claim.

AB863,7,14 9. Whether the customer has a disability, is over the age of 62, or has limited English language ability.

AB863,7,16 10. Whether the customer is or has been a service member at any time since the debt was incurred or claim arose.

AB863,7,18 11. Whether the customer is known to receive income that is exempt from garnishment or attachment.

AB863,6 Section 6. 427.105 (1) of the statutes is amended to read:

AB863,7,24 427.105 (1) A person injured by violation of this chapter may recover actual damages and the penalty provided in s. 425.304 sub. (1m); but notwithstanding any other law actual damages shall include damages caused by emotional distress or mental anguish with or without accompanying physical injury proximately caused by a violation of this chapter.

AB863,7 Section 7. 427.105 (1m) of the statutes is created to read:

AB863,8,2 427.105 (1m) (a) A person who commits a violation of this chapter is liable to the customer in the amount of $5,590, as adjusted under par. (b).

AB863,8,5 (b) 1. In this paragraph, "consumer price index" means the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor.

AB863,8,19 2. On July 1 of each even-numbered year, beginning on July 1, 2016, the administrator shall make a calculation of the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for the 12-month period ending on December 31 of the year that is 2 years before the preceding year and, if this percentage difference is a positive number, shall make a calculation of the dollar amount specified under par. (a) as adjusted by this percentage difference, rounded to the nearest multiple of $10. The administrator shall notify the legislative reference bureau of these calculated amounts, and the legislative reference bureau shall publish these calculated amounts in the Wisconsin administrative register under s. 35.93. If the calculated percentage difference is a positive number, then on the date of publication, as defined in s. 227.22 (1), of the Wisconsin administrative register, the amount under par. (a) is adjusted to reflect the calculated adjusted amount, as published.

AB863,8 Section 8. Initial applicability.

AB863,8,23 (1) The treatment of sections 425.109 (1) (intro.), (b), (d), (f), and (h) and (2) and 425.301 (2) of the statutes first applies to actions commenced on the effective date of this subsection.

AB863,8,25 (2) The treatment of section 427.105 (1) and (1m) of the statutes first applies to violations committed on the effective date of this subsection.

AB863,9,2 (3) The treatment of section 427.104 (5) of the statutes first applies to debts or claims sold or assigned on the effective date of this subsection.

AB863,9 Section 9. Effective date.

AB863,9,5 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB863,9,6 (End)