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Wis. Stat. § 422.419

Waivers prohibited

Applied in 1 court decision — leading case Danelle Duncan v. Asset Recovery Specialists, Inc. (2022)

Most recently applied in Danelle Duncan v. Asset Recovery Specialists, Inc. (January 2022)

1971 c. 239; 1991 a. 316.

(1) No contract evidencing a consumer credit transaction may contain any provision by which:

(a) The merchant or other person acting on the merchant’s behalf is given authority to enter the customer’s dwelling or to commit any breach of the peace in the course of taking possession of collateral securing the transaction;

(b) The customer waives any right of action against the merchant, or other person acting on the merchant’s behalf, for any breach of the peace or other illegal act committed in the course of taking possession of such collateral; or (c) The customer executes a power of attorney or similar instrument appointing the merchant, or other person acting on the merchant’s behalf, as the customer’s agent in the taking of possession of such collateral.

(2) A violation of this section is subject to s. 425.304.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.