138.09(7)(jm)3.
3. A loan administration fee charged under this paragraph may be included in the amount financed in the consumer loan. The loan administration fee is earned by the licensee when charged and need not be refunded under
par. (gm) 3. or
4. A licensee who charges a loan administration fee under this paragraph may not also retain a loan administration fee under
s. 422.209 (1m) in connection with the same consumer loan transaction.
138.09(7)(k)
(k) All consumer loans as defined in
s. 421.301 (12) shall be governed by
chs. 421 to
427, but to the extent that
chs. 421 to
427 are inconsistent with this section, this section shall govern.
138.09(8)(a)
(a) Deliver to the borrower, at the time a loan is made, a statement in the English language showing in clear and distinct terms the amount and date of the note and of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower and of the licensee, the amount of interest, the proceeds of the loan after deducting such interest, a description of the payment schedule and the default charge. Disclosures made in accordance with the federal consumer credit protection act and regulation Z shall be deemed to comply with such disclosures. The statement shall also indicate that the borrower may prepay the borrower's loan in whole or in part and that if the loan is prepaid in full the borrower will receive a refund of interest as provided by this section. The statement shall also indicate the percentage per year of interest charged in the transaction.
138.09(8)(b)
(b) Give to the borrower a plain and complete receipt for all cash payments made on account of any such loan at the time such payments are made.
138.09(8)(c)
(c) Permit payments of the loan in whole or in part prior to its maturity.
138.09(8)(d)
(d) Upon repayment of the loan in full mark indelibly every obligation, other than a security agreement, signed by the borrower with the word “Paid" or “Canceled" and cancel and return any note. When there is no outstanding secured obligation such licensee shall restore any pledge, cancel and return any assignment, cancel and return any security agreement given to the licensee by the borrower and file a termination statement terminating any filed financing statement.
138.09(8)(e)
(e) Take no note, promise to pay, security nor any instrument in which blanks are left to be filled in after the loan has been made except that a detailed description or inventory of the security may be filled in, with the written consent of the borrower within 10 days thereafter.
138.09(9)(a)(a) No person, except as authorized by statutes, shall directly or indirectly charge, contract for or receive any interest or consideration greater than allowed in
s. 138.05 upon the loan, use or forbearance of money, goods or things in action, or upon the loan, use or sale of credit. The foregoing prohibition shall apply to any person who as security for any such loan, use or forbearance of money, goods or things in action, or for any such loan, use or sale of credit, makes a pretended purchase of property from any person and permits the owner or pledgor to retain the possession thereof, or who by any device or pretense of charging for his or her services or otherwise seeks to obtain a greater compensation than is authorized by this section.
138.09(9)(b)
(b) No loan made under this section, for which a greater rate or amount of interest, than is allowed by this section, has been contracted for or received, wherever made, shall be enforced in this state, and every person in any wise participating therein in this state shall be subject to this section. If a licensee makes an excessive charge 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.
138.09(10)
(10) Any person, partnership or corporation and the several officers and employees thereof who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or imprisoned for not more than 6 months or both.
138.09(11)
(11) The division may employ necessary examiners or other personnel from time to time and fix their compensation.
138.09(12)
(12) No person, association, partnership or corporation doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings or building and loan associations, or credit unions shall be eligible to become a licensee under this section.
138.09 History
History: 1971 c. 60,
125,
239,
307;
1973 c. 2,
243;
1975 c. 407;
1977 c. 29 s.
1654 (7) (b);
1977 c. 444;
1979 c. 110 s.
60 (13);
1979 c. 168;
1981 c. 45 ss.
11 to
16,
51;
1983 a. 36,
192,
385;
1985 a. 127;
1987 a. 27;
1989 a. 31;
1991 a. 39,
221;
1993 a. 112,
184,
368,
482,
490;
1995 a. 27,
225,
272;
1997 a. 27,
191,
237;
1999 a. 9,
31,
32,
53;
2001 a. 10,
107;
2005 a. 158,
215;
2007 a. 11,
20;
2009 a. 405;
2011 a. 32;
2013 a. 36.
138.09 Cross-reference
Cross-reference: See also ch.
DFI-Bkg 77, Wis. adm. code.
138.09 Annotation
Installment sellers are not precluded by s. 138.09, 1973 stats., from charging precomputed interest. First National Bank of Wisconsin Rapids v. Dickinson,
103 Wis. 2d 428,
308 N.W.2d 910 (Ct. App. 1981).
138.09 Annotation
A municipal ordinance that dictates where a state-licensed payday loan operation may locate its business and what hours it may operate has nothing to do with the state's regulation of the loans themselves and its licensing of loan providers and is not preempted by state law. The Payday Loan Store of Wisconsin, Inc. v. City of Madison,
333 F. Supp. 2d (2004).
138.09 Annotation
Wisconsin has a compelling interest in applying statutory regulations to banking activities on Indian reservations.
80 Atty. Gen. 337.
138.09 Annotation
Get Cash Until Payday!: The Payday-Loan Problem in Wisconsin. Noyes. 2006 WLR 1628.
138.10(1)(a)
(a) “Pawnbroker" includes any person who engages in the business of lending money on the deposit or pledge of personal property, other than choses in action, securities, or written evidences of indebtedness; or purchases personal property with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price.
138.10(1)(b)
(b) “Pawnbroking" means the business of a pawnbroker as defined in this section.
138.10(1)(c)
(c) “Pawn ticket" means the card, book, receipt or other record furnished to the pledgor at the time a loan is granted containing the terms of the contract for a loan.
138.10(1)(d)
(d) “Person" includes an individual, partnership, association, business corporation, nonprofit corporation, common law trust, joint-stock company or any group of individuals however organized.
138.10(1)(e)
(e) “Pledge" means an article or articles deposited with a pawnbroker as security for a loan in the course of the pawnbroker's business as defined in
par. (a).
138.10(1)(f)
(f) “Pledgor" means the person who obtains a loan from a pawnbroker and delivers a pledge into the possession of a pawnbroker, unless the person discloses that he or she is or was acting for another in which case a “pledgor" means the disclosed principal.
138.10(2)
(2) Maximum loan. A pawnbroker's loan may not exceed $150.
138.10(2m)
(2m) Pawnbroking by licensed lenders. The division of banking may promulgate rules regulating the conduct of pawnbroking by persons licensed under
s. 138.09 or
138.14.
138.10(4)
(4) Maximum interest or charges. A pawnbroker shall not charge, contract for or receive interest in excess of 3 percent per month on any loan or balance thereon and such interest shall not be increased by charging commission, discount, storage or other charge directly or indirectly, nor by compound interest; provided, however, that when the interest herein specified amounts to less than $1 per month, the minimum charge shall be $1 for the first month and 50 cents for each succeeding month during the loan period.
138.10(4m)
(4m) When limit on maximum interest does not apply. Subsection (4) does not apply to a pawnbroker's loan made after October 31, 1984 and before November 1, 1987.
138.10(5)
(5) Computation of interest or charges. The interest and charges authorized by this section shall be computed at the rates specified on the actual principal balance of the loan due for the actual time which has elapsed from the date of the loan to the date of payment. For the purpose of calculation of interest and charges permitted under this section, a year shall be 12 calendar months, and a month shall be one calendar month, or any fractional part thereof. A calendar month shall be any period from a certain date in one month to the same date in the next succeeding month.
138.10(8)
(8) Sale of pledge. Upon default in the payment of any loan, a pawnbroker may sell the pledge upon the conditions contained in this section.
138.10(8)(a)
(a) A pawnbroker may sell a pledge at private sale for an amount not less than that agreed to by the pledgor, which amount shall be stipulated on the pawn ticket and shall not be less than 125 percent of the amount of the loan. A pledge which cannot be sold at private sale at the minimum price agreed to by the pledgor must be sold at public auction, which sale shall be conducted in the manner provided by
s. 779.48 (1).
138.10(8)(b)
(b) No unredeemed pledge may be sold before the expiration of 90 days after the due date of the loan unless otherwise specifically authorized in writing by the pledgor. The authority to sell an unredeemed pledge prior to the expiration of 90 days after the due date of the loan must be given by the pledgor on a date subsequent to the due date of the loan.
138.10(8)(c)
(c) An unredeemed pledge must be sold within 12 months of the due date of a loan. No interest or charges permitted under this section may be collected on a loan after the expiration of 12 months of the due date of a loan, whether the loan is renewed or the loan is paid and the pledge redeemed.
138.10(9)
(9) Notice of sale. A pawnbroker shall not sell any pledge unless due notice of such contemplated sale has been forwarded to the pledgor by registered mail to the address given by the pledgor at the time of obtaining the loan or to such new address of the pledgor, as shown on the pawnbroker's record. Notice of the contemplated sale of a pledge shall be mailed to the pledgor not less than 30 days prior to the date of sale. Such notice shall state total amount of principal, interest and charges due on the loan as of the date of the notice.
138.10(10)
(10) Disposition of proceeds. The proceeds from the sale of a pledge shall be applied in the order specified, to the following purposes: Payment of the auctioneer's charges if sold at public auction, or commission for selling not to exceed 5 percent if sold at private sale; payment of principal of the loan; payment of the interest on the loan permitted under this section, and payment of the charges on the loan permitted under this section; payment of postage for mailing notice to the pledgor of the contemplated sale or notice of the surplus. The surplus, if any, shall be paid to the pledgor or such other person who would have been entitled to redeem the pledge had it not been sold.
138.10(11)
(11) Notice of surplus. Notice of any surplus from the sale of a pledge shall be forwarded to the pledgor within 10 days of the date of sale by registered mail to the address given by the pledgor at the time of obtaining the loan or to such new address of the pledgor, of which the pawnbroker has received notice.
138.10(12)
(12) Reversion of surplus. If a surplus remaining from the sale of a pledge is not paid or claimed within one year from the date of sale, such surplus shall revert to the pawnbroker. The pawnbroker shall not be required to pay any interest on an unpaid surplus.
138.10(13)
(13) Forfeiture. A pawnbroker who charges, contracts for or receives interest or charges greater than permitted under this section shall forfeit both principal and interest, and shall return the pledge upon demand of the pledgor and surrender of the pawn ticket, without tender or payment of principal or interest.
138.10(14)
(14) Penalty. Any pawnbroker who refuses to comply with
sub. (13) shall be imprisoned in the county jail for not more than one year or fined not more than $500.
138.10(15)
(15) Exception. This section does not apply to any person that is licensed under
s. 138.09 or
138.14.
138.12
138.12
Insurance premium finance companies. 138.12(1)(1)
Definitions. For purposes of this section:
138.12(1)(b)
(b) “Insurance premium finance company" means a person engaged in the business of entering into insurance premium finance agreements.
138.12(1)(c)
(c) “Licensee" means an insurance premium finance company holding a license issued by the division under this section.
138.12(1)(d)
(d) “Premium finance agreement" means an agreement by which an insured or prospective insured promises to pay to an insurance premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or broker in payment of premiums on an insurance contract together with a service charge or interest charge as authorized and limited by this chapter.
138.12(2)
(2) Scope. This section shall not apply to:
138.12(2)(a)
(a) Any insurance company or agent defined in
s. 628.02, any savings and loan association, savings bank, sales finance company, motor vehicle installment seller, bank, trust company, licensed lender or credit union authorized to do business in this state, but such organizations, if otherwise eligible, are exempt from the licensing under this section, but
subs. (9) to
(12) and any rules promulgated by the division pertaining to such subsections shall be applicable to all premium finance transactions entered into by such organizations in this state if an insurance policy or any rights thereunder is made the security or collateral for repayment of the debt.
138.12(2)(b)
(b) The inclusion of insurance in connection with an installment sale of a motor vehicle or other goods and services.
138.12(3)(a)(a) No person except those listed in
sub. (2) (a) shall engage in the business of financing insurance premiums in this state without first having obtained a license. Any person who engages in the business of financing insurance premiums in this state without obtaining a license may be fined not more than $200.
138.12(3)(b)
(b) The annual license fee is $500 and shall be paid to the division. Licenses may be renewed May 1 of each year upon payment of the annual fee.
138.12(3)(c)
(c) The person to whom the license or the renewal thereof is issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the division requires. The division may, at any time, require the applicant fully to disclose the identity of all stockholders, partners, members, managers, officers and employees, and the division may refuse to issue or renew a license in the name of any person if the division is not satisfied that any officer, employee, stockholder, partner, member or manager thereof, who may materially influence the applicant's conduct, meets the standards of this section.
138.12(3)(d)1.1. Except as provided in
par. (e), an application for a license under this section shall contain the following:
138.12(3)(d)1.a.
a. If the applicant is an individual, the applicant's social security number.
138.12(3)(d)1.b.
b. If the applicant is not an individual, the applicant's federal employer identification number.
138.12(3)(d)2.
2. The division may not disclose any information received under
subd. 1. to any person except as follows:
138.12(3)(d)2.a.
a. The division may disclose information under
subd. 1. to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under
s. 108.227.
138.12(3)(d)2.b.
b. The division may disclose information under
subd. 1. a. to the department of children and families in accordance with a memorandum of understanding under
s. 49.857.
138.12(3)(e)1.1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families.
138.12(3)(e)2.
2. Any license issued or renewed in reliance upon a false statement submitted by an applicant under
subd. 1. is invalid.
138.12(4)(a)(a) Upon the filing of an application and the payment of the required fees under
par. (am) 1., the division shall make an investigation of each applicant and shall issue a license if the division finds the applicant is qualified in accordance with this section. If the division does not so find, the division shall, within 30 days after the division has received the application, notify the applicant and, at the request of the applicant, give the applicant a full hearing, except as follows:
138.12(4)(a)1.
1. An applicant whose application is denied under
par. (b) 5. is entitled to a hearing under
s. 73.0301 (5) (a) but is not entitled to a hearing under this paragraph.
138.12(4)(a)2.
2. An applicant whose application is denied under
par. (b) 6. is entitled to notice and a hearing only as provided in a memorandum of understanding entered into under
s. 49.857 and is not entitled to a hearing under this paragraph.
138.12(4)(am)1.1. An applicant shall pay to the division a nonrefundable $300 license investigation fee and a $500 annual license fee for the period ending on the next April 30.
138.12(4)(am)2.
2. If the cost of the investigation exceeds $300, the applicant shall, upon demand of the division, pay the amount by which the cost of the investigation exceeds the nonrefundable fee.
138.12(4)(b)
(b) The division shall issue or renew a license when the division is satisfied that the person to be licensed satisfies all of the following, as applicable:
138.12(4)(b)1.
1. Is competent and trustworthy and intends to act in good faith in the capacity involved by the license applied for.
138.12(4)(b)2.
2. Has a good business reputation and has had experience, training or education so as to be qualified in the business for which the license is applied for.
138.12(4)(b)3.
3. If a corporation, is a corporation incorporated under the laws of this state or a foreign corporation authorized to transact business in this state.
138.12(4)(b)3L.
3L. If a limited liability company, is organized under the laws of this state or a foreign limited liability company authorized to transact business in this state.
138.12(4)(b)5.
5. Has not been certified by the department of revenue under
s. 73.0301 as being liable for delinquent taxes.
138.12(4)(b)5m.
5m. Has not been certified by the department of workforce development under
s. 108.227 as being liable for delinquent unemployment insurance contributions.
138.12(4)(b)6.
6. If an individual, has not failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings and is not 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.
138.12(5)(a)(a) The division may revoke or suspend the license of any insurance premium finance company if the division finds any of the following:
138.12(5)(a)1.
1. Any license issued to such company was obtained by fraud.
