138.14(6)(b)2.
2. A licensee may not sell merchandise or conduct other business at the place of business specified in the license unless written authorization is granted to the licensee by the division.
138.14(7)(a)(a) Except as provided in
par. (b), a licensee shall keep such books and records in the licensee's place of business that, in the opinion of the division, will enable the division to determine compliance with this section. A licensee shall preserve the records of final entry used in such business for a period of at least 2 years after the making of any loan recorded therein.
138.14(7)(b)
(b) A licensee may keep the books and records specified in
par. (a) at a single location inside or outside of this state if the books and records are kept at a place of business licensed under this section. A licensee shall organize the books and records by the place of business where the records originated.
138.14(7)(c)
(c) A licensee shall keep the books and records affecting loans made pursuant to this section separate and distinct from the records of any other business of the licensee.
138.14(7)(d)
(d) A licensee shall make an annual report to the division for each calendar year on or before March 15 of the following year. The report shall include business transacted by the licensee under this section and shall give all reasonable and relevant information that the division may require, including the information required for the division's reports under
par. (e). The reports shall be made in the form and manner prescribed by the division.
138.14(7)(e)
(e) The division shall submit an annual report to the appropriate standing committees of the legislature in the manner provided under
s. 13.172 (3) that includes all of the following:
138.14(7)(e)1.
1. The number of payday loans made by all licensees during the preceding year.
138.14(7)(e)2.
2. The average principal amount for all payday loans made during the preceding year.
138.14(7)(e)3.
3. The average interest, fees, and other charges for all payday loans made during the preceding year.
138.14(7)(e)4.
4. Based on
subd. 3., the average annual percentage rate for all payday loans made during the preceding year.
138.14(7)(e)5.
5. The number of payday loans made during the preceding year that were paid in full on the maturity date.
138.14(7)(e)6.
6. The number of payday loans made during the preceding year that resulted in repayment under
sub. (11g).
138.14(7)(e)7.
7. The number of payday loans made during the preceding year that were repaid with the proceeds of a subsequent payday loan.
138.14(7)(e)8.
8. The number of payday loans made during the preceding year that resulted in default.
138.14(7)(e)9.
9. The number of payday loans made during the preceding year for which a customer's payment method was dishonored or denied due to insufficient funds.
138.14(8)(a)(a) The division may issue any general or special order in execution of or supplementary to this section.
138.14(8)(b)
(b) The division may promulgate such rules as it considers necessary for the administration of this section, including rules establishing database transaction fees under
sub. (14) (h) and other fees considered reasonable and necessary by the division.
138.14(8)(c)
(c) The division shall have the same power to conduct hearings, take testimony, and secure evidence as is provided in
ss. 217.17 and
217.18.
138.14(8)(d)
(d) The division for the purpose of discovering violations of this section may investigate the business of a licensee transacted under this section, and shall investigate convictions reported to the division by any district attorney for violation by a licensee of this section. The place of business, books of account, papers, records, safes, and vaults of a licensee shall be open to inspection and examination by the division for the purpose of such investigation and the division may examine under oath all persons whose testimony the division may require relative to such investigation.
138.14(8)(e)
(e) The cost of any investigation, examination, or hearing, including witness fees or any other expenses, conducted by the division under this section involving a licensee shall be paid by the licensee within 30 days after demand therefor by the division, and the state may maintain an action for the recovery of such costs and expenses.
138.14(8)(f)
(f) Actual costs incurred by the division to examine books and records maintained outside of this state shall be paid by the licensee.
138.14(9)
(9) Revocation and suspension of licenses. 138.14(9)(a)(a) The division may suspend or revoke any license issued under this section if the division finds any of the following:
138.14(9)(a)1.
1. That the licensee has violated any provision of this section, any rule promulgated thereunder, or any lawful order of the division made thereunder.
138.14(9)(a)3.
3. That any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the division in refusing to issue such license.
138.14(9)(a)4.
4. That the licensee made a material misstatement in an application for a license or in information furnished to the division.
138.14(9)(a)5.
5. That the licensee has failed to pay the annual license fee or to maintain in effect the bond required under
sub. (4) (c).
138.14(9)(b)
(b) The division shall restrict or suspend a license issued under this section if the division finds that the licensee is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under
s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under
s. 49.857 and is not entitled to any other notice or hearing under this section.
138.14(9)(c)
(c) The division shall revoke a license issued under this section if the department of revenue certifies under
s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is revoked under this paragraph for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and a hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
138.14(9)(d)
(d) Except as provided in
pars. (b) and
(c), no license shall be revoked or suspended except after a hearing under this section. A complaint stating the grounds for suspension or revocation together with a notice of hearing shall be delivered to the licensee at least 5 days in advance of the hearing. In the event the licensee cannot be found, complaint and notice of hearing may be left at the place of business stated in the license,which shall be considered the equivalent of delivering the notice of hearing and complaint to the licensee.
138.14(9g)(a)(a) Before any licensee enters into a payday loan with an applicant, the licensee shall do all of the following:
138.14(9g)(a)1.
1. Disclose to the applicant the total amount of all fees and costs, in dollars, to be paid by the applicant for the loan assuming that the loan is paid in full at the end of the loan term.
138.14(9g)(a)2.
2. Disclose to the applicant the annual percentage rate to be paid by the applicant on the loan assuming that the loan is paid in full at the end of the loan term.
138.14(9g)(a)3.
3. Provide to the applicant a copy of the written informational materials specified in
sub. (9r).
138.14(9g)(a)4.
4. Disclose to the applicant that he or she has the right to rescind the loan transaction as provided in
sub. (11r).
138.14(9g)(a)6.
6. Disclose to the applicant the payment requirements that may apply under
sub. (11g) if the loan is not paid in full at the end of the loan term.
138.14(9g)(b)
(b) A licensee shall retain, for at least 3 years after the origination date of any payday loan, a record of compliance with
par. (a) with respect to the loan.
138.14(9r)(a)(a) The division shall develop written informational materials on payday loans and the payday loan industries. These informational materials shall be designed to educate individuals regarding the operation and potential costs of payday loans and of other options for borrowing funds that may be available.
138.14(9r)(b)
(b) The informational materials under
par. (a) shall include a clear and conspicuous notice that a payday loan is not intended to meet long-term financial needs and that a payday loan applicant should use a payday loan only to provide funds in a financial emergency.
138.14(9r)(c)
(c) The informational materials under
par. (a) shall include all of the following information, based upon aggregated information from reports submitted under
sub. (7) (d) for the most recent reporting period:
138.14(9r)(c)2.
2. The percentage of customers originating payday loans who defaulted on the loan.
138.14(9r)(c)3.
3. The percentage of customers originating payday loans whose payment method was dishonored or denied for insufficient funds.
138.14(9r)(c)4.
4. The percentage of customers originating payday loans that resulted in repayment under
sub. (11g).
138.14(9r)(d)
(d) The informational materials under
par. (a) shall include a summary of all actions that the licensee may take against a payday loan customer if the customer defaults on the payday loan or if the customer's check or electronic fund transfer is dishonored or denied for insufficient funds.
138.14(9r)(e)
(e) The division shall annually update the informational materials under
par. (a), based upon the division's analysis of reports received under
sub. (7) (d).
138.14(9r)(f)
(f) The division shall make copies of the informational materials under
par. (a) available, upon request, to licensees and to the public, including making these informational materials available on the Internet site of the department of financial institutions. The division may charge licensees a reasonable fee for printed copies of informational materials supplied under this paragraph.
138.14(10)(a)1.1. Except as provided in
sub. (12) (b), this section imposes no limit on the interest that a licensee may charge before the maturity date of a payday loan.
138.14(10)(a)2.
2. If a payday loan is not paid in full on or before the maturity date, a licensee may not charge, after the maturity date of the loan, interest.
138.14(10)(am)
(am)
Penalties. Except as provided in
par. (b) 2., no licensee may impose any penalty on a customer arising from the customer's prepayment of or default or late payment on a payday loan, including any payment under
sub. (11g).
138.14(10)(b)1.1. A licensee may not assess a customer any fee or charge for database access or usage.
138.14(10)(b)2.
2. A licensee may present a customer's check for payment no more than once. For each customer authorization to initiate an electronic fund transfer from the customer's account, a licensee may initiate an electronic fund transfer no more than once. The only charge that a licensee may impose for dishonor of a customer's check or denial of the licensee's instruction to execute an electronic fund transfer is a service charge that does not exceed $15.
138.14(11)(a)(a) A customer may pay a payday loan in whole or in part prior to the maturity date of the loan.
138.14(11)(b)
(b) Upon prepayment in full, a refund of the unearned portion of any interest assessed by the licensee must be allowed. The amount of such refund shall not be less than the difference between the interest charged and the interest earned at the agreed rate computed upon the unpaid principal balance of the loan from time to time outstanding prior to repayment in full.
138.14(11g)
(11g) Repayment after term of loan. If a customer fails to repay a payday loan in full at the end of the loan term, the licensee that made the loan shall offer the customer the opportunity to repay the outstanding balance of the loan in 4 equal installments with due dates coinciding with the customer's pay period schedule.
138.14(11r)
(11r) Rescission. A customer may rescind a payday loan, before the close of business on the next day of business after the loan is made, or, if the place of business where the loan is made is open 24 hours, before 5 p.m. on the next day of business after the loan is made, by returning to the licensee the proceeds of the payday loan. The licensee may not charge the customer any fee for rescinding the payday loan as provided in this subsection.
138.14(12)(a)(a) A customer may repay a payday loan with the proceeds of a subsequent payday loan made by the same or another licensee or an affiliate of the same or another licensee, but if the customer does so, the customer may not repay the subsequent payday loan with the proceeds of another payday loan made by the same or another licensee or an affiliate of the same or another licensee. A repayment of a subsequent payday loan and the origination of a new payday loan from the same or another licensee or an affiliate of the same or another licensee within a 24-hour period shall be considered proof of violation of the prohibition under this paragraph.
138.14(12)(b)
(b) No licensee may make a payday loan to a customer that results in the customer having an outstanding aggregate liability in principal, interest, and all other fees and charges, to all licensees who have made payday loans to the customer of more than $1,500 or 35 percent of the customer's gross monthly income, whichever is less.
138.14(12)(c)
(c) No licensee may make a payday loan to a customer if the licensee determines, knows, or should have known, that the customer identification number of the customer is invalid.
138.14(12)(d)
(d) No licensee may take a note, promise to pay, or any other instrument, in which blanks are left to be filled in after the payday loan has been made.
138.14(12)(e)
(e) No licensee may advertise, print, display, publish, distribute, or broadcast, or cause to be printed, displayed, published, distributed, or broadcast, in any manner, any statement with regard to the rates, terms, or conditions of a payday loan that is false or calculated to deceive. With respect to matters specifically governed by
s. 423.301, compliance with such section satisfies the requirements of this paragraph.
138.14(12)(f)
(f) If a check held by a licensee as a result of a payday loan is dishonored, or an instruction to execute an electronic funds transfer authorized as the result of a payday loan is denied, the licensee may bring an action to collect the amount of the check or electronic funds transfer, but may not threaten or pursue criminal action against a debtor as a result of the debtor's dishonored check or denied electronic funds transfer or the debtor's payday loan not being paid.
138.14(13)(a)(a) All payday loans shall be governed by
chs. 421 to
426, but to the extent that
chs. 421 to
426 are inconsistent with this section, this section shall govern. All payday loans shall be governed by
ch. 427.
138.14(13)(b)
(b) A licensee shall deliver to the customer, at the time a payday loan is made, a statement in the English and Spanish languages including all the disclosures required by the federal Consumer Credit Protection Act. The statement shall disclose that the customer may prepay the customer's loan in whole or in part and that if the loan is prepaid in full the customer will receive a refund of interest as provided by this section. The statement shall also clearly and conspicuously indicate the percentage per year of interest charged for the payday loan.
138.14(13)(c)
(c) A licensee shall give to the customer a plain and complete receipt for all cash payments made on account of any payday loan at the time such payments are made.
138.14(13)(d)
(d) No payday loan, wherever made, for which a greater rate or amount of interest than is allowed under
sub. (10) (a) 2. has been contracted for or received, may be enforced in this state, and every person in any way participating therein in this state shall be subject to this section. If a licensee makes an excessive charge of such interest as the result of an unintentional mistake, but upon demand makes correction of such mistake, the loan shall be enforceable and treated as if no violation occurred at the agreed rate. Nothing in this paragraph shall limit any greater rights or remedies afforded in
chs. 421 to
427 to a customer in a consumer credit transaction.
138.14(14)(a)(a) The division or a database provider shall develop, implement, and maintain a single statewide database that has real-time access through an Internet connection, is accessible at all times to licensees and the division, and otherwise meets the requirements of this section.
138.14(14)(b)
(b) The division may operate the database or may contract with a single 3rd-party provider to operate the database. If the division contracts with a 3rd-party provider for the operation of the database, the division shall do all the following:
138.14(14)(b)1.
1. Ensure that the 3rd-party provider operates the database according to the provisions of this section.
138.14(14)(b)2.
2. In selecting a 3rd-party provider, consider the cost of providing the service and the 3rd-party provider's ability to meet all the requirements of this section.
138.14(14)(b)3.
3. In selecting a 3rd-party provider, give strong consideration to all of the following:
138.14(14)(b)3.a.
a. The 3rd-party provider's ability to prevent fraud, abuse, and other unlawful activity associated with payday loan transactions, and to provide additional tools for the administration and enforcement of this section.
138.14(14)(b)3.b.
b. Whether the provider is currently providing a similar service for another state.
138.14(14)(c)1.
1. Allow a licensee accessing the database to check a customer's unique identification number that is assigned to the customer in a manner specified by the division. A customer's unique identification number may not be based on the customer's social security number.
138.14(14)(c)2.
2. Allow a licensee accessing the database to determine if making a new payday loan would cause a violation of this section.
