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The Wisconsin Consumer Act
– Debt Collection

The “Wisconsin Consumer Act – Debt Collection” applies to debt collectors who are collecting obligations arising from consumer transactions. If you have been contacted by a debt collector in Wisconsin, call us at (877) 846-1209 for more information on what you can do to stop debt collectors.

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Debt Collectors Are Prohibited From The Following Activities:

  • Threatening force of violence
  • Threatening criminal prosecution
  • Knowingly disclosing information adversely affecting the customer’s reputation for credit worthiness
  • Communicating with the customer’s employer prior to obtaining final judgment
  • Disclosing information affecting a consumer’s reputation without a legitimate business need
  • Disclosing information regarding a debt known to be reasonably disputed without disclosing the fact it is disputed
  • Excessive communications to threaten or harass a consumer
  • Any other threatening or harassing conduct
  • Obscene or threatening language
  • Threatening action against a consumer that is not intended to be taken
  • Consumers injured by one of these actions can recover actual damages including emotional distress or mental anguish with or without accompanying physical injury.

    Chapter 218 of the Wisconsin Code relates mainly to Finance Companies, Auto Dealers, Adjustment Companies and Collection Agencies

    “Collection agencies” are defined as any person engaging in the business of collecting or receiving for payment for others of any account, bill, or other indebtedness. That does not include attorneys licensed in and residing in Wisconsin, banks, health care billing companies, state savings banks and savings and loan associations, insurers, trust companies, and real estate brokers or salespersons.

    It provides for license application and investigation procedures, filing of annual reports, license fees, issuance and denial of licenses, and hearings related to license suspensions or revocation.

    Collection agencies are required to maintain proper trust accounts.

    Collection agency licenses can be suspended or revoked for violations of this law. Possible reasons for revocation include fling to timely pay license fees, any required bond, child support, taxes, unemployment insurance contributions and money due to claimants or forwarders.

    They can, with proper authorization, consolidate accounts of multiple creditors relating to one debtor and select an attorney to bring legal action behalf of the creditors.

    If the state finds that a licensee is insolvent or that the licensee has collected accounts but has failed to remit money due it can take possession of the assets and the books and records of the licensee for the purpose of liquidating its business.

    Any person who violates this section is guilty of a misdemeanor and can be punished by a fine of up $1,000 or by imprisonment for up to 6 months, or both.

    We encourage you to download a copy of the Fair Debt Collection Practices Act by filling out the form above. If debt collectors are calling you. Call us.

    The laws described on this page are set forth in full in the Wisconsin Code, Chapter 427, Section 427.101 – 427.105, and Chapter 218, Section 218.04

Have you been contacted by a debt collector?
Call us at (877) 846-1209 for a free case review!

In addition to rules covering the actions of creditors and collection agencies under your state’s laws, the Fair Debt Collection Practices Act (FDCPA) provides rules protecting consumers from illegal actions of debt collectors, and it applies equally in every state. This means that even if your state laws cannot help you, the FDCPA applies in many more situations.

In fact, certain sections of the laws listed in the available download may have been redacted for brevity.

If you want to find out more about how these laws pertain to your specific situation, please call us at (877) 846-1209 for a free case review with an experienced consumer law attorney. If you prefer, fill out our free case review form and we will contact you.