Chapter 203

203.04(2)(g) (g) If the provider solicits, charges, or receives tips, gratuities, or other donations from a consumer, mislead or deceive consumers about the voluntary nature of the tips, gratuities, or donations or make representations that tips, gratuities, or other donations will benefit any specific individuals.

203.04(2)(h) (h) Advertise, print, display, publish, distribute, or broadcast or cause to be advertised, printed, displayed, published, distributed, or broadcast, in any manner, any statement or representation with regard to the earned wage access services offered by the provider, which is false, misleading, or deceptive, or which omits to state material information that is necessary to make the statements therein not false, misleading, or deceptive.

203.04(3) (3) The limitations set forth in sub. (2) (f) do not preclude the use by a provider of any of the methods specified in sub. (2) (f) to compel payment of outstanding amounts or fees incurred by a consumer through fraudulent or other unlawful means, nor do they preclude a provider from pursuing an employer for breach of its contractual obligations to the provider.

203.04(4) (4) A provider may use the mailing address provided by a consumer to determine the consumer’s state of residence for purposes of this chapter.

203.04 History History: 2023 a. 131.

203.06 203.06 Reporting requirements; books and records.

203.06(1) (1) On or before July 1 of each year, a provider required to be licensed under s. 203.03 (1) shall submit an annual report to the division that includes all of the following information related to earned wage access services the provider provided in this state during the prior year:

203.06(1)(a) (a) Gross revenue attributable to those earned wage access services.

203.06(1)(b) (b) The total number of transactions in which the provider provided proceeds to consumers.

203.06(1)(c) (c) The total number of unique consumers to whom the provider provided proceeds.

203.06(1)(d) (d) The total dollar amount of proceeds the provider provided to consumers.

203.06(1)(e) (e) The total dollar amount of fees, voluntary tips, gratuities, or other donations the provider received from consumers.

203.06(2) (2) Failure by a provider to submit a timely report as required under sub. (1) is grounds for disciplinary action by the division.

203.06(3) (3) The division shall keep confidential the information contained in the annual report under sub. (1), and this information is not subject to public copying or inspection under s. 19.35 (1), but the division may prepare and make publicly available an aggregated and anonymized analysis of the information submitted by all providers under this section.

203.06(4) (4) A provider required to be licensed under s. 203.03 (1) shall keep such books and records that, in the opinion of the division, will enable the division to determine whether the provider is in compliance with this chapter. The provider shall retain records related to proceeds for at least 2 years following the date on which proceeds are provided. The provider may keep books and records at a place of business located outside this state if the provider is able to readily produce those books and records for review by the division upon reasonable request by the division.

203.06 History History: 2023 a. 131.

203.07 203.07 Suspension or revocation of license.

203.07(1) (1) The division may suspend or revoke a provider’s license issued under s. 203.03 (7) if the division finds any of the following:

203.07(1)(a) (a) That the provider violated any provision of this chapter, any rule promulgated under this chapter, or any lawful order of the division made under this chapter.

203.07(1)(b) (b) That any fact or condition exists that, if it had existed at the time of the provider’s original application for a license, would have warranted the division refusing to issue the license.

203.07(1)(c) (c) That the provider made a material misstatement in an application for a license or in information furnished to the division.

203.07(1)(d) (d) That the provider failed to pay the annual license fee or to maintain in effect the bond required under s. 203.03 (6).

203.07(2) (2) The division shall revoke a provider’s license issued under s. 203.03 (7) if the department of revenue certifies under s. 73.0301 that the provider is liable for delinquent taxes. A provider whose license is revoked under this subsection 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 chapter.

203.07(3) (3) The division shall revoke a provider’s license issued under s. 203.03 (7) if the department of workforce development certifies under s. 108.227 that the provider is liable for delinquent unemployment insurance contributions. A provider whose license is revoked under this subsection for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a) but is not entitled to any other notice or hearing under this chapter.

203.07(4) (4) Except as provided in subs. (2) and (3), the division may not revoke or suspend a provider’s license except after a hearing under this chapter.

203.07 History History: 2023 a. 131.

203.08 203.08 Violations and enforcement.

203.08(1) (1) The division may bring a civil action to restrain by temporary or permanent injunction a person from violating this chapter or rules promulgated under this chapter or to restrain a person from engaging in false, misleading, deceptive, or unconscionable conduct in connection with offering earned wage access services.

203.08(2) (2) The division may seek a temporary restraining order without written or oral notice to the adverse party. If a court finds that there is reasonable cause to believe that the respondent is engaged in the conduct sought to be restrained and that such conduct violates this chapter or rules promulgated under this chapter, the court may grant a temporary restraining order or any temporary relief the court determines is appropriate. A temporary restraining order granted without notice shall expire by its terms within a stated time after entry, not to exceed 30 days, as the court fixes, unless within this time it is extended by the court, or unless the party against whom the order is directed consents that it may be extended for a longer period. When a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for a hearing at the earliest possible time. Upon notice to the party who obtained the temporary restraining order without notice, the adverse party may appear and move its dissolution or modification, and, in this event, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

203.08(3) (3) The division may recover in a civil action from a person that violates this chapter or rules promulgated under this chapter a civil penalty of not less than $100 and not more than $1,000 for each violation.

203.08(4) (4) In addition to the amount to which the division is entitled under sub. (3), the division may recover in a civil action from a person that knowingly or willfully violates this chapter or rules promulgated under this chapter a civil penalty of not less than $1,000 and not more than $10,000 for each violation.

203.08 History History: 2023 a. 131.