Wisconsin Statutes 422.505 – Contracts
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Terms Used In Wisconsin Statutes 422.505
- Contract: A legal written agreement that becomes binding when signed.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) Every contract between a buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, shall be dated and shall be signed by the buyer. The contract shall include all of the following:
(a) A conspicuous statement, in not less than 10-point boldface type and in immediate proximity to the space reserved for the signature of the buyer, as follows: “YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE 5TH DAY AFTER THE DATE OF THE TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.”
(b) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to another person.
(c) A description of the services to be performed by the credit services organization for or on behalf of the buyer, including all guarantees or promises of full or partial refunds, and the estimated date by which such services are to be performed or the estimated length of time for performing such services.
(d) The credit services organization’s principal business address and the name and address of its agent in this state, other than the department of financial institutions, who is authorized to receive service of process.
(e) A conspicuous statement, in not less than 8-point boldface type, as follows: “THIS CREDIT SERVICES ORGANIZATION IS REGISTERED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS at …. (insert address).”
(f) Any disclosures required under subch. III.
(2)
(a) The contract shall be accompanied by a completed form in duplicate, captioned “NOTICE OF CANCELLATION”, which shall be attached to the contract and easily detachable, and which shall contain the following statement in not less than 10-point type and written in the same language as used in the contract:
Notice of cancellation
You may cancel this contract, without any penalty or obligation, within 5 days after the date on which the contract is signed.
If you cancel, any payment made by you under this contract will be returned within 15 days following receipt by …. (name of credit services organization) of your cancellation notice.
To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to …. (name of credit services organization) at …. (address of credit services organization), …. (place of business, if different from address) not later than midnight …. (date). I hereby cancel this transaction.
…. (Date)
…. (Buyer’s signature)
…. (Buyer’s signature)
(b) A copy of the fully completed contract and any other document the credit services organization requires the buyer to sign shall be given to the buyer at the time the contract or document is signed.
(3) A credit services organization’s breach of a contract under this section or of any obligation arising from such a contract is a violation of this subchapter.
(4) A violation of this section is subject to s. 425.305.