Rule-Making Notices
Notice of Hearing
Financial Institutions
Wisconsin Consumer Act
NOTICE IS HEREBY GIVEN That pursuant to ss.
425.107 (2),
426.104 (1) (e),
426.108 and
227.11 (2), Stats., and interpreting s.
426.108, Stats., the Department of Financial Institutions, Division of Corporate and Consumer Services will hold a public hearing to consider a rule to create section
DFI-WCA 1.84 relating to unconscionable conduct.
Hearing Date and Location
August 14, 2008 Dept. of Financial Institutions
10:00 a.m. 345 W. Washington Avenue
5th floor
Madison, Wisconsin
Copies of Proposed Rule, Submission of Written Comments and Agency Contact Person
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact:
Mark Schlei, Deputy General Counsel
Department of Financial Institutions
Office of the Secretary, P.O. Box 8861
Madison, WI 53708-8861
telephone (608) 267-1705
e-mail
mark.schlei@dfi.state.wi.us
A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
For substantive questions on the proposed rule, contact:
Cheryll Olson-Collins, Administrator
Wisconsin Department of Financial Institutions
Division of Corporate and Consumer Services
P.O. Box 7846
Madison, WI 53708-7846
telephone (608) 266-6810
e-mail
cheryll.olsoncollins@dfi.state.wi
Analysis Prepared by the Department of Financial Institutions, Division of Corporate and Consumer Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Pursuant to chs.
421 to
427 and
429, Stats., the department administers the Wisconsin Consumer Act.
Related statute or rule
Summary of proposed rule
The objective of the rule is to create s.
DFI-WCA 1.84. Pursuant to s.
426.108, Stats., the administrator of the Wisconsin Consumer Act shall promulgate rules declaring specific conduct in consumer credit transactions and the collection of debts arising from consumer credit transactions to be unconscionable and prohibiting the use of those unconscionable acts. The purpose of the rule is to set forth that it is an unconscionable and prohibited practice for any merchant to preclude a customer from asserting claims or seeking remedies available under the Wisconsin Consumer Act, including bringing, joining or participating in efforts to obtain class-wide relief.
Comparison with federal regulations
The department is aware of no such federal regulation.
Comparison of rules in adjacent states
The department is aware of no such rules.
Summary of factual data and analytical methodologies
The department reviewed factors the Wisconsin legislature set forth in s.
426.108, Stats., that the administrator of the Wisconsin Consumer Act shall consider in declaring specific conduct unconscionable and prohibited, as well as recent Wisconsin court rulings regarding unconscionability and class-relief (
Wisconsin Auto Title Loans, Inc. v. Jones,
290 Wis. 2d 514 (2006) and
Coady et al v. Cross Country Bank et al,
299 Wis. 2d 420 (2007)). Furthermore, in the department's experience, nearly all consumer credit transactions are contracts of adhesion, and creditors generally have greater bargaining power, business acumen and experience than consumers do. This can result in terms that are unreasonably favorable to merchants.
Initial Regulatory Flexibility Analysis
The rule imposes no new regulatory obligations or burdens on small business; therefore, the rule has no additional significant economic impact.
Fiscal Estimate
The rule's requirements place no additional duties or burdens on state or local government, and hence has no affect on costs to either.
Notice of Hearings
Health Services
(Formerly Health and Family Services)
Community Services, Chs.
HFS 30—
NOTICE IS HEREBY GIVEN that pursuant to sections
46.03 (18),
46.10 (1) to
(14) (a),
51.44 (5) (a) and
227.11 (2), Stats., and interpreting section
51.44 (5), Stats., the Wisconsin Department of Health Services will hold public hearings to revise Chapters
HFS 1 and
90, relating to parental payment limits for early intervention services for children from birth to 3 with developmental delays or disabilities.
Hearing Date and Location
Date and Time
|
Location
|
August 13, 2008 3:00-6:00 p.m.
|
UW-Waukesha
Room C103
1500 University Dr.
Waukesha WI 53188
By Videoconference
|
August 13, 2008 3:00-6:00 p.m.
|
UW-Madison
Pyle Center – Room 227
702 Langdon St.
Madison WI 53706
By Videoconference
|
August 13, 2008 3:00-6:00 p.m.
|
UW-Menasha Fox Valley
Room 1838
1478 Midway Rd.
Menasha WI 54852
By Videoconference
|
August 13, 2008 3:00-6:00 p.m.
|
UW-LaCrosse
Communications Bldg – Rm. 102
1725 State Street
LaCrosse WI 54601
By Videoconference
|
August 13, 2008 3:00-6:00 p.m.
|
UW-Wausau Marathon County
Room 218
518 S 7th Avenue
Wausau WI 54401
By Videoconference
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov.
The deadline for submitting comments to the Department is 4:30 p.m. on August 13, 2008.
Copies of Proposed Rules
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or by contacting the person listed below.
Agency Contact Person
Carol Eichinger
Department of Health Services/Birth to 3 Program
1 W Wilson Street, Room 418
PO Box 7851
Madison WI 53707
608/267-3270
Small Business Regulatory Coordinator
Rosie Greer
