421.201 AnnotationThe Wisconsin Consumer Act: Consumer Credit Sales, Consumer Leases, Open-End Credit Plans, and Exclusions. Anzivino. 97 MLR 55 (2013).
421.202421.202Exclusions. Chapters 421 to 427 do not apply to any of the following:
421.202(1)(1)Extensions of credit to organizations (s. 421.301 (28)).
421.202(2)(2)Transactions in which all parties are organizations (s. 421.301 (28)).
421.202(3)(3)Charges for delayed payment and any discount allowed for early payment in transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates such charges or discounts, or if such charges or discounts are made in connection with the furnishing of electric service by an electric cooperative organized and operating on a nonprofit basis under ch. 185.
421.202(4)(4)The ceilings on rates and charges of a licensed pawnbroker if these ceilings are established by statute or ordinance.
421.202(5)(5)The sale of insurance by an insurer, except as otherwise provided in ch. 424.
421.202(6)(6)Consumer credit transactions in which the amount financed exceeds $25,000, motor vehicle consumer leases in which the total lease obligation exceeds $25,000 or other consumer transactions in which the cash price exceeds $25,000.
421.202(7)(7)Transactions secured by a first lien real estate mortgage or equivalent security interest.
421.202(8)(8)Transactions in securities accounts or securities transactions by or with a broker-dealer, as defined in s. 551.102 (4), registered under ch. 551.
421.202(9)(9)Leases of motor vehicles that are not motor vehicle consumer leases under s. 421.301 (25m).
421.202(10)(10)Transactions that are primarily for an agricultural purpose, except that this subsection does not exclude transactions that are primarily for an agricultural purpose from ch. 427 and except that this subsection does not exclude credit transactions that are primarily for an agricultural purpose from s. 422.210.
421.202 HistoryHistory: 1971 c. 239; 1973 c. 18; 1975 c. 207; 1979 c. 89; 1995 a. 329; 1997 a. 302; 2005 a. 215; 2007 a. 196.
421.202 AnnotationConsumer leases are subject to the exclusionary provision of sub. (6). “Amount financed” means the purchase price or cash price for property leased. American Industrial Leasing Co. v. Geiger, 118 Wis. 2d 140, 345 N.W.2d 527 (Ct. App. 1984).
421.203421.203Partial exclusion for governmentally insured or guaranteed transactions.
421.203(1)(1)Consumer credit transactions, not governed by ch. 428, which are made, insured or guaranteed by the federal government or any agency thereof, or by any federal instrumentality chartered under the federal farm credit act of 1971 (P.L. 92-181; 85 stats. 583; 12 USC 2001 et seq.), or by the department of veterans affairs shall be subject to only those provisions set forth in sub. (2).
421.203(2)(2)This chapter, ss. 422.203 (2), 422.305, 422.306, 422.404, 422.406 to 422.409, 422.411, 422.417 and 422.418, ch. 425 except ss. 425.103 to 425.105, and chs. 426 and 427.
421.203 HistoryHistory: 1973 c. 18; 1979 c. 10; 1997 a. 302; 2005 a. 22.
subch. III of ch. 421SUBCHAPTER III
DEFINITIONS
421.301421.301General definitions. In addition to definitions appearing in chs. 422 to 427, in chs. 421 to 427:
421.301(1)(1)“Actuarial method” means the method, defined by rules adopted by the administrator, of allocating payments made on a debt between amount financed and finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed.
421.301(2)(2)“Administrator” means the administrator designated in s. 426.103.
421.301(3)(3)“Agreement” means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance. Sections 402.202 and 411.202 and any other provisions on parol or extrinsic evidence shall be inoperative to exclude or limit the admissibility of evidence relating to agreements governed by chs. 421 to 427.
421.301(4)(4)“Agricultural purpose” means a purpose related to the production, harvest, exhibition, marketing, transportation, processing or manufacture of agricultural products by a person, other than an organization, which cultivates, plants, propagates or nurtures those agricultural products. “Agricultural products” includes agricultural, horticultural, viticultural and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured products, and any and all products raised or produced on farms and any processed or manufactured products thereof.
421.301(5)(5)“Amount financed” in a consumer credit transaction means the total of the following items from which any prepaid finance charge or required deposit balance has been excluded:
421.301(5)(a)(a) In a consumer credit sale, the cash price of the real or personal property or services, less the amount of any down payment whether made in cash or in property traded in, or, in a consumer loan, the amount paid to, receivable by or paid or payable to the customer or to another person in the customer’s behalf;
421.301(5)(b)(b) In a consumer credit sale, the amount actually paid or to be paid by the creditor pursuant to an agreement with the customer to discharge a security interest in or a lien on property traded in; and
421.301(5)(c)(c) To the extent not included in par. (a) or (b):