Author Topic: WI...new bill introduced reg. Rsidue!  (Read 801 times)

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dancleg

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WI...new bill introduced reg. Rsidue!
« on: April 13, 2014 04:32:30 PM »
https://docs.legis.wisconsin.gov/2013/related/proposals/ab863  Here's just part of it
"In Rsidue, L.L.C. v. Michaud, 2006 WI App 164, 295 Wis. 2d 585, 721 N.W. 2d
718, the Wisconsin Court of Appeals held that, because the WCA does not refer to an
assignee of a creditor, these pleading requirements do not apply to an assignee.
This bill amends the WCA to specify that these pleading requirements do apply
to an assignee of a creditor. The bill also provides that an aggrieved party is entitled
to request a jury trial in any action to enforce a right or obligation under the WCA."

I don't expect it to pass, with the current state of the WI Legislature.  But, it is still something to keep an eye on!

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: WI...new bill introduced reg. Rsidue!
« Reply #1 on: April 13, 2014 05:20:38 PM »
Wow, this bill has even more JDB requirements added to it as well:

Quote
Under the bill, reasonable verification must include obtaining certain business records or business records that contain certain
information. These business records must include complete, authenticated documentation that the debt collector, or person on whose behalf the debt collector is acting, is the owner of the specific debt instrument or account at issue. These business records must also contain the date that the debt was incurred, the date and amount of the last payment by the customer, and an itemized accounting of the amount claimed to be owed, including, if the debt arises from a credit card, copies of the last 24 periodic statements on the account. Upon request by the customer, a debt collector must provide to the customer, within 30 days of the request, copies of all of these business records that the debt collector is required to obtain. The bill also requires any person who sells or assigns a debt or claim to provide to the buyer or assignee, at the time of the sale or assignment, specified documentation and a statement disclosing specified information. Under the bill, a person who is injured by a violation of any of the prohibitions related to debt collection may recover, in addition to actual damages, a penalty of $5,590, which amount is adjusted for inflation every two years.

If that bill passes into law, I may have to move to WI  :D

11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

trueq

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Re: WI...new bill introduced reg. Rsidue!
« Reply #2 on: April 13, 2014 09:53:15 PM »
This bill died in the last legislative session.

I know some very conservative legislators very well.

I'm going to call them, perhaps pay a personal vist to them on this issue.

Do not rule it out.   

Real conservatives do believe in transparency when it comes to these kind of issues.

My very conservative state Senator has said in the past he would support going Colorado on Cannibas.
« Last Edit: April 13, 2014 09:59:29 PM by trueq »
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.