(c) You may be sued in court for the payment of the amount due under this consumer credit transaction even though the customer named above may be working or have funds to pay the amount due.
(d) This explanation is not the agreement under which you are obligated, and the guaranty or agreement you have executed must be consulted for the exact terms of your obligations.
(e) You are entitled now, or at any time, to one free copy of any document you sign evidencing this transaction.
(f) The undersigned acknowledges receipt of an exact copy of this notice.
.... (Signature)
422.305(2)
(2) The notice must be printed, typed or otherwise reproduced in a size and style equal to at least 10-point boldface type or such similar type as prescribed by the administrator, and shall contain only the matter above set forth and the address of the merchant.
422.305(3)
(3) This notice shall not be required to be given to a merchant who endorses or is otherwise liable for payment to an assignee or holder of the customer's obligation.
422.305(4)
(4) The notice required by this section shall not act to increase or decrease the liability of a cosigner.
422.305(5)
(5) Taking or arranging for a person to sign an instrument in violation of this section is a violation subject to s.
425.304.
422.305 History
History: 1971 c. 239;
1973 c. 3;
1979 c. 10.
422.305 Cross-reference
Cross-reference: See also s.
DFI-WCA 1.351, Wis. adm. code.
422.306
422.306
Receipts; accounting; evidence of payment. 422.306(1)(1)
The creditor shall furnish the customer, without request, a written receipt for each payment made in cash, or any other time the method of payment does not itself provide evidence of payment.
422.306(2)
(2) At any time after consummation of a consumer credit transaction other than one pursuant to an open-end credit plan, the creditor, upon written request by the customer, shall furnish to the customer a written statement of the amounts and specifying the dates of payments received and charges imposed, together with the unpaid balance at the time of the statement. With respect to transactions secured by a first lien mortgage, or equivalent security interest, on real property such statement need specify only the dates and amounts of payments received and charges imposed during the previous 12 months, and the unpaid balance remaining at the time of the statement. The customer shall be entitled to one such statement free of charge once every 12 months. Additional statements shall be furnished if the customer pays the creditor's reasonable costs of preparing and furnishing the statement.
422.306(3)
(3) With respect to an open-end credit plan, the creditor shall at any time upon written request by the customer, furnish to the customer a written statement, which may consist of copies of the periodic statements furnished to the customer under the plan, specifying the dates and amounts of purchases or loan credit extended and payments received during the previous 12 months, and the unpaid balance remaining at the time of the statement. The customer shall be entitled to one such statement at a charge not in excess of $1 once every 12 months. Additional statements shall be furnished if the customer pays the creditor's reasonable costs of preparing and furnishing the statement.
422.306(4)
(4) Except as provided in s.
708.15, within 45 days after payment by the customer of all sums for which the customer is obligated under a consumer credit transaction other than one pursuant to an open-end credit plan, the creditor shall give or forward to the customer instruments which acknowledge payment in full, and release of any security interest when there is no outstanding secured obligation, and furnish to the customer or the customer's designee evidence of the release or assignment to such designee of any recorded lien on real estate and termination of any filed financing statement which perfected such security interest.
422.306 Cross-reference
Cross-reference: See also s.
DFI-WCA 1.36, Wis. adm. code.
422.307
422.307
Estimates or approximations. If at the time disclosures must be made, an amount or other item of information required to be disclosed or needed to determine a required disclosure is unknown or not available to the creditor, and a reasonable effort has been made to ascertain it, the creditor may use an estimated amount or approximation of the information, if:
422.307(1)
(1) The estimate or approximation is clearly identified as such, is reasonable and is based on the best information available to the creditor; and
422.307(2)
(2) The estimate or approximation is not used for the purpose of circumventing or evading the disclosure requirements of this subchapter.
422.307 History
History: 1971 c. 239.
422.308
422.308
Open-end credit disclosures. 422.308(1)(1)
With regard to every open-end credit plan between a creditor, wherever located, and a customer who is a resident of this state and who is applying for the open-end credit plan from this state, every application for the open-end credit plan, including every application contained in an advertisement, shall be appropriately divided and captioned by its various sections and shall set forth all of the following:
422.308(1)(a)
(a) The annual percentage rate or, if the rate may vary, a statement that it may do so and of the circumstances under which the rates may increase, any limitations on the increase and the effects of the increase.
422.308(1)(b)
(b) The date or occasion upon which the finance charge begins to accrue on a transaction.
422.308(1)(c)
(c) Whether any annual fee is charged and the amount of the fee.
422.308(1)(d)
(d) Whether any other charges or fees may be charged, what they may be charged for and the amounts of the charges or fees.
422.308(2)
(2) With regard to every open-end credit plan between a creditor, wherever located, and a customer who is a resident of this state and who is given the opportunity to enter into an open-end credit plan while present in any establishment located in this state but who is not required to complete an application under sub.
(1), the customer shall be given a notice prior to entering into the open-end credit plan. The notice shall be appropriately divided and captioned by its various sections and shall set forth all of the information in sub.
(1) (a) to
(d).
422.308(3)
(3) The administrator shall publish an annual creditors' noncompliance report on November 1. The report shall set forth the names of creditors that the administrator knows, or reasonably believes, to have violated this section during the preceding 12 months, unless the administrator knows or reasonably believes that the violation or violations were the result of unintentional good faith error.
422.308(4)
(4) A violation of this section is subject to s.
425.304 unless the violation was the result of an unintentional good faith error.
422.308(5)
(5) If any part of this section is found unconstitutional with regard to a creditor solely or in any part because the creditor is located outside of this state, that part of this section shall not apply to any creditor located within this state.
422.308 History
History: 1985 a. 244.
422.308 Annotation
When a merchant first informed the customer of 24 percent interest to be charged on an open account in statements of the account provided after the account was opened, s. 422.302 and subs. (1) and (2) were violated and the merchant was only entitled to interest under s. 138.04. Severson Agri-Service, Inc. v. Lander,
172 Wis. 2d 269,
493 N.W.2d 230 (Ct. App. 1992).
422.310
422.310
Refund anticipation loans. 422.310(1)(1)
In addition to any other requirements under this subchapter, a creditor shall disclose all of the following in writing to a customer on a form that is signed by the customer before the customer enters into a refund anticipation loan:
422.310(1)(b)
(b) Any charge or fee for electronically filing an income tax return.
422.310(1)(d)
(d) The anticipated length of time, within 2 business days, by which the customer will receive the refund anticipation loan proceeds.
422.310(1)(e)
(e) That the customer may electronically file an income tax return without obtaining a refund anticipation loan.
422.310(1)(f)
(f) The anticipated length of time within which the customer could reasonably expect to receive a tax refund if the income tax return is filed electronically and the customer does not request a refund anticipation loan.
422.310(1)(g)
(g) That the customer is responsible for repayment of the refund anticipation loan and refund anticipation loan fees even if the income tax refund is not paid or is paid in a lower amount than was anticipated.
422.310(1)(h)
(h) The estimated annual percentage rate, based on the size of the refund anticipation loan, the refund anticipation loan fees and the anticipated maturity date of the refund anticipation loan. The anticipated maturity date shall be the date disclosed under par.
(f).
422.310(2)
(2) A creditor may not impose a different fee or charge for electronically filing an income tax return on a customer who obtains a refund anticipation loan than the creditor imposes on a customer who does not obtain a refund anticipation loan.
422.310 History
History: 1993 a. 111.
LIMITATIONS ON AGREEMENTS AND PRACTICES
422.401
422.401
Scope. This subchapter applies to consumer credit transactions.
422.401 History
History: 1971 c. 239.
422.402
422.402
Balloon payments prohibited. 422.402(1)(1)
Except as provided in sub.
(1m), no merchant shall enter into an agreement which requires a schedule of payments under which any one payment is not equal or substantially equal to all other payments, or under which the intervals between any consecutive payments differ substantially except as permitted in sub.
(2) or
(3) with respect to a consumer credit transaction other than a transaction which is one of the following:
422.402(1)(b)
(b) Not precomputed and on which the annual percentage rate disclosed under subch.
III is less than 16.5 percent for a consumer credit sale in which the seller retains a security interest in real estate which is the subject of the sale or any consumer loan, either of which is entered into on or after April 6, 1980, and prior to November 1, 1981, or 12 percent for any other consumer credit transaction.
422.402(1m)
(1m) No merchant shall enter into an agreement which requires a schedule of payments under which any one payment is not equal or substantially equal to all other payments, or under which the intervals between any consecutive payments differ substantially except as permitted in sub.
(2) or
(3) with respect to a consumer credit transaction other than a transaction which is one of the following:
422.402(1m)(b)
(b) Not precomputed and on which the annual percentage rate disclosed under subch.
III is not more than 18 percent for a consumer credit sale in which the seller retains a security interest in real estate which is the subject of the sale or any consumer loan, either of which is entered into on or after November 1, 1981, and before November 1, 1984.
422.402(2)
(2) The parties may agree to payments that are not substantially equal to other payments or are paid at unequal intervals if:
422.402(2)(a)
(a) The customer's livelihood is dependent upon income that is seasonal or otherwise not regular, such payments are in accordance with the needs of the customer and a notice in substantially the following language is set forth immediately below the customer's signature in 12-point boldface type, or its equivalent as prescribed by the administrator:
WARNING
The amounts of payments or the dates on which they are payable under this agreement are not equal. Do not sign this paper unless you are certain that this payment schedule meets your needs.
422.402(2)(b)
(b) The unequal or irregular payment is part of an agreed down payment received by the creditor contemporaneously with or prior to the consummation of the transaction;
422.402(2)(c)
(c) The unequal or irregular payment is part of an agreed down payment that does not exceed 20 percent of the cash price, has a due date not later than the due date of the 2nd installment of the transaction and is excluded from the amount financed upon which the finance charge is computed, and if it is the mutual understanding of the customer and the creditor that such a partial payment will be separately financed the customer has the right to rescind the transaction without penalty if the customer cannot obtain such separate financing;
422.402(2)(d)
(d) The unequal or irregular payment is the final scheduled payment and is less than, or not more than 10 percent greater than, the average amount of the other scheduled payments, if such other payments are substantially equal; or
422.402(2)(e)
(e) The unequal or irregular payment is the first scheduled payment and results from the inclusion of interest charged for a first installment period of not more than 45 days or less than 15 days as permitted under s.
138.09 (7) (c) 2. 422.402(3)
(3) In the event that sub.
(2) (a) applies, the customer shall have the right at any time to refinance the unequal or irregular installment pursuant to s.
422.205 for refinancing, except that the rate shall not exceed the rate disclosed in the original transaction pursuant to subch.
III of ch. 422.
422.402(4)
(4) Taking or arranging for the customer to sign an instrument in violation of this section shall be subject to s.
425.304.
422.402(5)
(5) This section does not apply to a manufactured home transaction as defined in s.
138.056 (1) (bg) made on or after November 1, 1981, and before November 1, 1984, if:
422.402(5)(b)
(b) The unequal or irregular payment is the final scheduled payment of the transaction, and the merchant agrees to refinance the final scheduled payment at a rate of interest not in excess of the rate disclosed pursuant to subch.
III of ch. 422 by more than one percent multiplied by the number of 6-month periods in the term of the immediately prior manufactured home transaction.
422.402(6)
(6) This section does not apply to consumer credit transactions entered into on or after November 1, 1984.
422.403
422.403
Maximum periods of repayment. 422.403(1)(1)
With respect to a consumer credit transaction other than one pursuant to an open-end credit plan or one pursuant to s.
138.09, no merchant shall initially schedule payments to be paid in full:
422.403(1)(a)
(a) Over a period of more than 25 months if the total of payments is $700 or less;
422.403(1)(b)
(b) Over a period of more than 37 months if the total of payments is more than $700, but does not exceed $1,400; or
422.403(1)(c)
(c) Over a period of more than 49 months if the total of payments is more than $1,400, but does not exceed $2,000, unless the transaction is for the acquisition of or substantial improvement to real property in which case such period shall not exceed 61 months.
422.403(2)
(2) With respect to a consumer credit transaction other than one pursuant to an open-end credit plan or one pursuant to s.
138.09, which is for the purpose of an improvement to real property and in which the annual percentage rate disclosed under subch.
III is 15 percent or less, no merchant may initially schedule payments to be paid in full:
422.403(2)(a)
(a) Over a period of more than 25 months if the total of payments is $300 or less;
422.403(2)(b)
(b) Over a period of more than 48 months if the total of payments is more than $300, but does not exceed $1,000; or
422.403(2)(c)
(c) Over a period of more than 60 months if the total of payments is more than $1,000, but does not exceed $2,000.
422.403(3)
(3) The periods specified in subs.
(1) and
(2) shall commence with the date of first payment or when the finance charge begins to accrue, whichever is earlier.
422.403(4)
(4) This section shall not apply to loans made, guaranteed or funded by federal or state agencies and loans made, guaranteed or funded by nonprofit educational institutions or foundations qualifying under section
501 (c) (3) of the internal revenue code, for purposes of post-high school education.
422.403(4m)
(4m) This section does not apply to loans made by an administrative agency within the executive branch established under ch.
15.
422.403(5)
(5) Taking or arranging for the customer to sign an instrument in violation of this section is subject to s.
425.304.
422.404
422.404
Assignment of earnings. 422.404(1)(1)
No merchant shall take or arrange for an assignment of earnings of the customer for payment or as security for payment of an obligation arising out of a consumer transaction unless such assignment is revocable at will by the customer.
