427.101 Short title. This chapter shall be known and may be cited as Wisconsin consumer act—debt collection.
427.103 Definitions: “claim”; “debt collection”; “debt collector”.
(1) “Claim” means any obligation or alleged obligation arising from a consumer transaction, including a transaction that is primarily for an agricultural purpose.
(2) “Debt collection” means any action, conduct or practice of soliciting claims for collection or in the collection of claims owed or due or alleged to be owed or due a merchant by a customer.
(3) “Debt collector” means any person engaging, directly or indirectly, in debt collection, and includes any person who sells, or offers to sell, forms represented to be a collection system, device or scheme, intended or calculated to be used to collect claims. The term does not include a printing company engaging in the printing and sale of forms.
427.104 Prohibited practices.
(1) In attempting to collect an alleged debt arising from a consumer credit transaction or other consumer transaction, including a transaction primarily for an agricultural purpose, where there is an agreement to defer payment, a debt collector may not:
(a) Use or threaten force or violence to cause physical harm to the customer or the customer’s dependents or property;
(b) Threaten criminal prosecution;
(c) Disclose or threaten to disclose information adversely affecting the customer’s reputation for credit worthiness with knowledge or reason to know that the information is false;
(d) Initiate or threaten to initiate communication with the customer’s employer prior to obtaining final judgment against the customer, except as permitted by statute including specifically s. 422.404, but this paragraph does not prohibit a debt collector from communicating with the customer’s employer solely to verify employment status or earnings or where an employer has an established debt counseling service or procedure;
(e) Disclose or threaten to disclose to a person other than the customer or the customer’s spouse information affecting the customer’s reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information, but this paragraph does not prohibit the disclosure to another person of information permitted to be disclosed to that person by statute;
(f) Disclose or threaten to disclose information concerning the existence of a debt known to be reasonably disputed by the customer without disclosing the fact that the customer disputes the debt;
(g) Communicate with the customer or a person related to the customer with such frequency or at such unusual hours or in such a manner as can reasonably be expected to threaten or harass the customer;
(h) Engage in other conduct which can reasonably be expected to threaten or harass the customer or a person related to the customer;
(i) Use obscene or threatening language
in communicating with the customer or a person related to the customer;
(j) Claim, or attempt or threaten to enforce a right with knowledge or reason to know that the right does not exist;
(k) Use a communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency or attorney-at-law when it is not;
(L) Threaten action against the customer unless like action is taken in regular course or is intended with respect to the particular debt; or
(m) Engage in conduct in violation of a rule adopted by the administrator after like conduct has been restrained or enjoined by a court in a civil action by the administrator against any person pursuant to the provisions on injunctions against false, misleading, deceptive or unconscionable agreements or conduct (ss. 426.109 and 426.110).
(2) If a debt collector is not otherwise in violation of sub. (1) (j) with respect to a consumer credit transaction with a debtor, it is not a violation of this section to send a billing statement or other notice of account to, or to collect the amount due on the account from, the spouse of that debtor, if notice to the debtor’s spouse is provided under s. 766.56.
(1) A person injured by violation of this chapter may recover actual damages and the penalty provided in s.
425.304; but notwithstanding any other law actual damages shall include damages caused by emotional distress or mental anguish with or without accompanying physical injury proximately caused by a violation of this chapter.
(2) If a customer establishes that the customer was induced to surrender collateral, as defined in s. 425.202 (1), by conduct of the merchant which violates this chapter, the customer shall be entitled to a determination of the right to possession of the collateral pursuant to s. 425.205 (1) (e) in any action brought under this subchapter, and if the customer prevails on such issue, in addition to any other damages under this subchapter, the customer shall be entitled to recover possession of the collateral if still in the merchant’s possession, together with actual damages for the customer’s loss of use of the collateral.
000-017 000-080 000-089 000-104 000-105 000-106 070-461 100-101 100-105 , 100-105 , 101 101-400 102-400 1V0-601 1Y0-201 1Z0-051 1Z0-060 1Z0-061 1Z0-144 1z0-434 1Z0-803 1Z0-804 1z0-808 200-101 200-120 200-125 , 200-125 , 200-310 200-355 210-060 210-065 210-260 220-801 220-802 220-901 220-902 2V0-620 2V0-621 2V0-621D 300-070 300-075 300-101 300-115 300-135 3002 300-206 300-208 300-209 300-320 350-001 350-018 350-029 350-030 350-050 350-060 350-080 352-001 400-051 400-101 400-201 500-260 640-692 640-911 640-916 642-732 642-999 700-501 70-177 70-178 70-243 70-246 70-270 70-346 70-347 70-410 70-411 70-412 70-413 70-417 70-461 70-462 70-463 70-480 70-483 70-486 70-487 70-488 70-532 70-533 70-534 70-980 74-678 810-403 9A0-385 9L0-012 9L0-066 ADM-201 AWS-SYSOPS C_TFIN52_66 c2010-652 c2010-657 CAP CAS-002 CCA-500 CISM CISSP CRISC EX200 EX300 HP0-S42 ICBB ICGB ITILFND JK0-022 JN0-102 JN0-360 LX0-103 LX0-104 M70-101 MB2-704 MB2-707 MB5-705 MB6-703 N10-006 NS0-157 NSE4 OG0-091 OG0-093 PEGACPBA71V1 PMP PR000041 SSCP SY0-401 VCP550 70-487 SY0-401 70-486 220-801 300-075 c2010-652 000-080 210-065 350-030 JN0-360 74-678 LX0-104 300-070 70-410 350-050 PMP 70-483 JN0-360 200-355 200-125 , 210-060 100-101 70-412 VCP550 LX0-104 000-017 70-461 700-501 70-347 EX200 SSCP 200-120 VCP550 NS0-157 400-201 N10-006 000-080 000-080