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Statutes

"Subject to s. 422.209 and, with respect to a motor vehicle consumer lease, s. 429.207, the customer may prepay in full or in any part, at any time without penalty, the unpaid balance of any consumer credit transaction other than a transaction secured by a first lien mortgage or equivalent security interest on real estate with an original term of 10 years or more and on which the annual percentage rate disclosed pursuant to subch. III is 10 percent or less. (422.208)

Except as provided in sub. (1m), upon prepayment in full of the unpaid balance of a precomputed consumer credit transaction, refinancing or consolidation, an amount not less than the unearned portion of the finance charge calculated according to this section shall be rebated to the customer. If the total of all rebates, refunds and credits to be paid to the customer under chs. 421 to 427 is less than $1, no rebate need be made.
(1m) 
(a) In the event of prepayment under sub. (1), a merchant may retain a loan administration fee that meets all of the following conditions:
1. The loan administration fee does not exceed 2 percent of the amount financed in the precomputed consumer credit transaction, refinancing or consolidation.
2. The loan administration fee is for a consumer loan that is secured primarily by an interest in real property or in a mobile home, as defined in s. 101.91
(10), or in a manufactured home, as defined in s. 101.91 (2).
(b) Notwithstanding par. (a), if a merchant retains any portion of a loan administration fee charged on a loan that is prepaid from the proceeds of a new loan made by the same merchant within 6 months after the prior loan, then the merchant shall reduce any loan administration fee on the new loan by the amount of the loan administration fee on the prior loan that was retained by the merchant.(422.209(1))

Permissible finance charges and fees. With respect to a credit transaction that it is primarily for an agricultural purpose, a creditor may not charge, collect or receive any finance charge or fee unless the charge or fee is clearly disclosed in writing to the customer and that is agreed to by the creditor and the customer. (422.210(1))"

Cases

Comments

The Wisconsin Consumer Act applies to all consumer transactions made in Wisconsin. Excluded consumer transactions include, among others, consumer credit transactions or motor vehicle consumer leases in which the amount financed or cash price exceeds $25,000. Wis. Stat. § 421.202(6).

Contributors

Roy L. Prange, Elizabeth A. Orelup, Katherine M. Perhach

The statutory information was edited and reviewed with the support of MultiState

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