AB948,11,1611 (b) Upon request by the office, a student loan servicer shall make the records
12under par. (a) available or shall send these records to the office by registered or
13certified mail, return receipt requested, or by any express delivery carrier that
14provides a dated delivery receipt, not later than 5 business days after requested by
15the office to do so. The office may grant a licensee additional time to make these
16records available or to send the records to the office.
AB948,11,18 17(11) (a) The office may suspend, revoke, or refuse to renew a license issued
18under this section if the office finds any of the following:
AB948,11,2019 1. That the licensee has violated any provision of this subchapter, any rule
20promulgated thereunder, or any lawful order of the office made thereunder.
AB948,11,2321 2. That any fact or condition exists that, if it had existed at the time of the
22original application for the license, clearly would have warranted a denial of the
23license.
AB948,11,2524 3. That the licensee made a material misstatement in an application for a
25license or in information furnished to the office.
AB948,12,1
14. That the licensee has failed to pay any fee required under this section.
AB948,12,122 (b) The office shall suspend a license issued under this section if the office finds
3that the licensee is an individual who fails to comply, after appropriate notice, with
4a subpoena or warrant issued by the department of workforce development or a
5county child support agency under s. 59.53 (5) and related to paternity or child
6support proceedings or who is delinquent in making court-ordered payments of child
7or family support, maintenance, birth expenses, medical expenses, or other expenses
8related to the support of a child or former spouse, as provided in a memorandum of
9understanding entered into under s. 49.857. A licensee whose license is suspended
10under this paragraph is entitled to a notice and hearing only as provided in a
11memorandum of understanding entered into under s. 49.857 and is not entitled to
12any other notice or hearing under this section.
AB948,12,1713 (c) The office shall revoke a license issued under this section if the department
14of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.
15A licensee whose license is revoked under this paragraph for delinquent taxes is
16entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5)
17(a) but is not entitled to any other notice or hearing under this section.
AB948,12,2318 (d) The office shall revoke a license issued under this section if the department
19of workforce development certifies under s. 108.227 that the licensee is liable for
20delinquent unemployment insurance contributions. A licensee whose license is
21revoked under this paragraph for delinquent unemployment insurance
22contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under
23s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
AB948,13,324 (e) A person whose license has been suspended, revoked, or refused renewal
25under this subsection may request a hearing under s. 227.44 within 30 days after the

1date of suspension, revocation, or refusal. The office may appoint a hearing examiner
2under s. 227.46 to conduct the hearing. This paragraph does not apply to a
3suspension or revocation under pars. (b) to (d).
AB948,13,64 (f) An abatement of the license fee may not be made if the license is suspended
5or revoked under this subsection or surrendered in connection with a suspension or
6revocation proceeding.
AB948,13,8 7(12) All fees received by the office under this section shall be credited to the
8appropriation account under s. 20.144 (1) (g).
AB948,13,11 9224.106 Student loan servicers. (1) In this section, “nonconforming
10payment" means a payment on a student education loan that is different from the
11required payment.
AB948,13,15 12(2) (a) Except as otherwise provided in federal law, a federal student education
13loan agreement, or a contract between the federal government and a student loan
14servicer, a student loan servicer shall comply with the requirements of this
15subsection.
AB948,13,1816 (b) A student loan servicer shall respond to a written inquiry from a student
17loan borrower or the representative of a student loan borrower within 30 days after
18receiving the inquiry.
AB948,13,2019 (c) Upon receipt of a nonconforming payment on a student education loan, a
20student loan servicer shall do all of the following:
AB948,13,2221 1. Ask the student loan borrower how the student loan borrower prefers the
22student loan servicer to apply the nonconforming payment.
AB948,13,2423 2. Note how the student loan borrower prefers the student loan servicer to
24apply the nonconforming payment.
AB948,14,2
13. Apply the nonconforming payment in the manner preferred by the student
2loan borrower.
AB948,14,53 4. Until the student loan borrower indicates otherwise, apply any future
4nonconforming payments in the same manner preferred by the student loan
5borrower as noted under subd. 2.
AB948,14,96 (d) If there is a sale, assignment, or other transfer of the servicing of a student
7education loan that results in a change in the identity of the person to whom a
8student loan borrower is required to send payments or direct any communication
9concerning the student education loan, all of the following apply:
AB948,14,1410 1. As a condition of the sale, assignment, or transfer, the student loan servicer
11shall require the new student loan servicer to honor all benefits originally
12represented as available to the student loan borrower during the repayment of the
13student education loan and preserve the availability of these benefits, including any
14benefits for which the student loan borrower has not yet qualified.
AB948,14,1915 2. Within 45 days after the sale, assignment, or transfer, the student loan
16servicer shall transfer to the new student loan servicer all information regarding the
17student loan borrower, the account of the student loan borrower, and the student
18education loan of the student loan borrower, including the repayment status of the
19student loan borrower and any benefits associated with the student education loan.
AB948,14,2220 3. The sale, assignment, or transfer of the servicing of the student education
21loan shall be completed at least 7 days before the next payment on the student
22education loan is due.
AB948,15,323 (e) A student loan servicer that obtains the right to service a student education
24loan shall adopt policies and procedures to verify that the student loan servicer has
25received all information regarding the student loan borrower, the account of the

1student loan borrower, and the student education loan of the student loan borrower,
2including the repayment status of the student loan borrower and any benefits
3associated with the student education loan.
AB948,15,4 4(3) A student loan servicer may not do any of the following:
AB948,15,65 (a) Directly or indirectly employ a scheme, device, or artifice to defraud or
6mislead any student loan borrower.
AB948,15,127 (b) Engage in an unfair or deceptive practice toward any person or
8misrepresent or omit any material information in connection with the servicing of
9a student education loan, including misrepresenting the amount, nature, or terms
10of any fee or payment due or claimed to be due on a student education loan, the terms
11and conditions of the loan agreement, or the student loan borrower's obligations
12under the loan.
AB948,15,1313 (c) Obtain property by fraud or misrepresentation.
AB948,15,1514 (d) Misapply student education loan payments to the outstanding balance of
15a student education loan.
AB948,15,1716 (e) Provide inaccurate information to a credit bureau, thereby harming the
17determination of a student loan borrower's creditworthiness.
AB948,15,2118 (f) Fail to report both the favorable and unfavorable payment history of a
19student loan borrower to a nationally recognized consumer credit bureau at least
20annually if the student loan servicer regularly reports information to such a credit
21bureau.
AB948,16,222 (g) Refuse to communicate with an authorized representative of a student loan
23borrower who provides a written authorization signed by the student loan borrower,
24except that the student loan servicer may adopt procedures reasonably related to

1verifying that the representative is in fact authorized to act on behalf of the student
2loan borrower.
AB948,16,53 (h) Make any false statement or omit a material fact in connection with
4information or reports filed with a governmental agency or in connection with an
5investigation conducted by the office or another governmental agency.
AB948,16,86 (i) Fail to evaluate a student loan borrower for an income-based repayment
7program prior to placing the student loan borrower in forbearance or default, if an
8income-based repayment program is available to the student loan borrower.
AB948,16,119 (j) Violate any applicable federal law or regulation relating to student
10education loan servicing, including the federal Truth in Lending Act, 15 USC 1601
11to 1667f, and regulations adopted under that act.
AB948,16,14 12(4) (a) A student loan borrower injured by violation of this section may bring
13an action in any court of competent jurisdiction and recover the damages, fees, and
14penalties set forth in par. (b).
AB948,16,1715 (b) A student loan servicer that fails to comply with any requirement imposed
16under this section with respect to a student loan borrower is liable in an amount
17equal to the sum of all of the following:
AB948,16,1918 1. Any actual damages sustained by the student loan borrower as result of the
19violation.
AB948,16,2220 2. If the student loan borrower establishes by a preponderance of the evidence
21that the violation was willful or intentional, a monetary award equal to 2 times the
22amount of actual damages.
AB948,16,2523 3. In the case of any successful action by the student loan borrower to enforce
24the liability set out in this paragraph, the costs of the action, together with
25reasonable attorney fees, as determined by the court.
AB948,17,3
1(c) For purposes of par. (b), actual damages includes damages caused by
2emotional distress or mental anguish with or without accompanying physical injury
3proximately caused by a violation of this section.
AB948,17,54 (d) The remedies provided in this subsection do not preclude the availability
5of other remedies that may be available to a student loan borrower.
AB948,17,7 6224.107 Office powers and duties. (1) The office may conduct
7investigations and examinations as follows:
AB948,17,128 (a) For purposes of initial licensing, renewal, suspension, or revocation or of
9investigation to determine compliance with this subchapter, the office may access,
10receive, and use any books, accounts, records, files, documents, information, or
11evidence belonging to a licensee or person under examination, including any of the
12following:
AB948,17,1313 1. Criminal, civil, and administrative history information.
AB948,17,1514 2. Personal history and experience information, including independent credit
15reports obtained from a consumer reporting agency, as defined in 15 USC 1681a.
AB948,17,1816 3. Any other documents, information, or evidence the office considers relevant
17to the inquiry or investigation regardless of the location, possession, control, or
18custody of the documents, information, or evidence.
AB948,18,219 (b) For the purposes of investigating violations or complaints arising under this
20subchapter or of examination, the office may review, investigate, or examine any
21licensee or person subject to this subchapter as often as necessary in order to carry
22out the purposes of this subchapter. The office may direct, subpoena, or order the
23attendance of and examine under oath any person whose testimony may be required
24about the student education loan or the business or subject matter of the
25examination or investigation and may direct, subpoena, or order the person to

1produce books, accounts, records, files, and any other documents the office considers
2relevant to the inquiry.
AB948,18,143 (c) In making an examination or investigation authorized by this section, the
4office may control access to any documents and records of the licensee or person
5under examination or investigation. The office may take possession of the
6documents and records or place a person in exclusive charge of the documents and
7records in the place where they are usually kept. During the period of control, a
8person may not remove or attempt to remove any of the documents and records
9except pursuant to a court order or with the consent of the office. Unless the office
10has reasonable grounds to believe the documents or records of the licensee or person
11have been, or are at risk of being, altered or destroyed for purposes of concealing a
12violation of this subchapter, the licensee or owner of the documents and records may
13have access to the documents or records as necessary to conduct its ordinary business
14affairs.
AB948,18,1615 (d) In order to carry out the purposes of this section, the office may do any of
16the following:
AB948,18,1917 1. Retain attorneys, accountants, or other professionals and specialists as
18examiners, auditors, or investigators to conduct or assist in the conduct of
19examinations or investigations.
AB948,18,2320 2. Enter into agreements or relationships with other government officials or
21regulatory associations in order to improve efficiencies and reduce regulatory
22burden by sharing resources, standardized or uniform methods or procedures, and
23documents, records, information, or evidence obtained under this section.
AB948,19,3
13. Use, hire, contract for, or employ public or privately available analytical
2systems, methods, or software to examine or investigate the licensee or person
3subject to this subchapter.
AB948,19,54 4. Accept and rely on examination or investigation reports made by other
5government officials, within or outside this state.
AB948,19,106 5. Accept audit reports made by an independent certified public accountant for
7the licensee or person subject to this subchapter in the course of that part of the
8examination covering the same general subject matter as the audit and may
9incorporate the audit report in a report of examination, report of investigation, or
10other writing of the office.
AB948,19,1411 (e) A licensee or person subject to investigation or examination under this
12section may not knowingly withhold, abstract, remove, mutilate, or destroy any
13books, physical records, computer records, or other information relating to
14information regulated under this subchapter.
AB948,19,1715 (f) The costs of an investigation conducted by the office shall be paid by the
16licensee or person being investigated. Funds received by the office under this
17paragraph shall be credited to the appropriation account under s. 20.144 (1) (g).
AB948,19,20 18(2) The office may do any of the following to address a violation of this
19subchapter, any rule promulgated under this subchapter, or any order issued under
20this subchapter:
AB948,20,221 (a) Issue an order requiring a student loan servicer to cease and desist from a
22violation, to correct the conditions resulting from the violation, and to take actions
23to prevent such violations in the future. As part of the order, the office may require
24the student loan servicer to reimburse persons injured by the violation. A student

1loan servicer that violates an order issued under this paragraph shall, for each
2violation, forfeit not more than $1,000 per day for each day the violation continues.
AB948,20,73 (b) Commence administrative proceedings on its own initiative, or commence
4civil actions through the department of justice, to restrain by temporary or
5permanent injunction a person from violating this subchapter, to recover any fees or
6penalties owed under this subchapter, or to seek relief available under this
7subchapter on behalf of student loan borrowers.
AB948,20,98 (c) Suspend, revoke, or refuse to renew a license issued under s. 224.105 as
9provided in s. 224.105 (11).
AB948,20,10 10(3) The office may promulgate rules to implement this subchapter.
AB948,5 11Section 5 . Nonstatutory provisions.
AB948,20,1612 (1) (a) No later than the 90th day after the effective date of this paragraph, the
13department of financial institutions shall determine whether it can fully implement
14the provisions created in this act as subch. V of ch. 224 by the 90th day after the
15effective date of this paragraph, and shall provide notice of this determination to the
16legislative reference bureau by that date.
AB948,20,2417 (b) If the notice of the department of financial institutions under par. (a) states
18that the department cannot fully implement the provisions created in this act as
19subch. V of ch. 224 by the 90th day after the effective date of this paragraph, the
20department shall provide notice to the legislative reference bureau of the date on
21which the provisions created in this act as subch. V of ch. 224 will be fully
22implemented, which date may not be later than January 1, 2025, and the legislative
23reference bureau shall publish a notice in the Wisconsin Administrative Register
24that specifies this date.
AB948,6
1Section 6. Effective dates. This act takes effect on the day after publication,
2except as follows:
AB948,21,63 (1) The treatment of ss. 15.01 (6), 15.02 (3) (c) 1., and 15.185 (6) and subch. V
4of ch. 224 takes effect on the 90th day after the day of publication, or on the date
5specified in the notice published in the Wisconsin Administrative Register under
6Section 5 (1) (b ) of this act, whichever is later.
AB948,21,77 (End)
Loading...
Loading...