Wisconsin — Wisconsin Consumer Act (chs. 421–427) + §218.04 licensing + SOL

Authority

Three stacked layers, all administered out of the Department of Financial Institutions (DFI):

1. Wisconsin Consumer Act ("WCA"), Wis. Stat. chs. 421–427. Chapter 427 is the conduct code for debt collection and reaches anyone collecting a consumer obligation — original creditors, agencies, debt buyers, even landlords. Chapter 425 supplies the remedies, the pre-suit right-to-cure notice, and the pleading rules; chapter 426 supplies the administrator (the Secretary of Financial Institutions, §426.103), creditor registration, and public enforcement.
2. Collection agency licensing, Wis. Stat. §218.04 + Wis. Admin. Code ch. DFI-Bkg 74. Administered by DFI's Division of Banking, via NMLS. The rule chapter adds Wisconsin-only conduct duties (a licensure disclosure notice, an oral cease-calling rule, a convenience-fee cap) that go beyond ch. 427.
3. Statute of limitations, Wis. Stat. ch. 893 — 6 years on contract (§893.43(1)) and on notes (§403.118), with §893.05 making expiry extinguish the right, not merely the remedy.

Wisconsin has no numeric call-frequency cap and no statutory call-time window; the federal floor (FDCPA §1692c(a)(1) / Reg F 1006.6(b)(1), 1006.14(b)) governs both.

Verification note. All statute and administrative-code text below was pulled from the Wisconsin Legislature's own document server, docs.legis.wisconsin.gov, as the certified PDF chapters ("Updated 2023-24 Wis. Stats. … updated through 2025 Wis. Act 247 … in effect on August 5, 2026. Published and certified under s. 35.18," published 8-5-26) and the Legislative Reference Bureau's published DFI-Bkg 74 (Register December 2024 No. 828). Session acts were pulled as official act PDFs from the same server. Licensing fees and the surety-bond schedule come from DFI's own site (dfi.wi.gov). No third-party source is relied on anywhere on this page. The site fetches cleanly — no bot-block workaround was needed.

Operative text

Scope — ch. 427 reaches first-party creditors, and is not limited to credit debt

427.102 Scope. This chapter applies to conduct and practices in connection with the collection of obligations arising from consumer transactions, including transactions that are primarily for an agricultural purpose. — Wis. Stat. §427.102

427.103 Definitions: "claim"; "debt collection"; "debt collector". (1) "Claim" means any obligation or alleged obligation arising from a consumer transaction, including a transaction that is primarily for an agricultural purpose. (2) "Debt collection" means any action, conduct or practice of soliciting claims for collection or in the collection of claims owed or due or alleged to be owed or due a merchant by a customer. (3) "Debt collector" means any person engaging, directly or indirectly, in debt collection, and includes any person who sells, or offers to sell, forms represented to be a collection system, device or scheme, intended or calculated to be used to collect claims. The term does not include a printing company engaging in the printing and sale of forms. — Wis. Stat. §427.103

There is no "owed another" limiter and no creditor/employee exemption of the FDCPA §1692a(6) kind. A creditor collecting its own consumer paper is a "person engaging … in debt collection" of a claim "owed or due … a merchant by a customer," and so is a debt collector for ch. 427 purposes.

Territorial reach is deliberately broad for ch. 427 specifically:

(4) Chapter 427 applies to any debt collection activity in this state. — Wis. Stat. §421.201(4)

Who is a protected "customer," and who is a "merchant" (the term that carries the ch. 425 pleading and right-to-cure duties):

(17) "Customer" means a person other than an organization (s. 421.301 (28)) who seeks or acquires real or personal property, services, money or credit for personal, family or household purposes or, for purposes of ch. 427 only, for agricultural purposes. … (25) "Merchant" means a person who regularly advertises, distributes, offers, supplies or deals in real or personal property, services, money or credit in a manner which directly or indirectly results in or is intended or designed to result in, lead to or induce a consumer transaction. The term includes but is not limited to a seller, lessor, manufacturer, creditor, arranger of credit and any assignee of or successor to such person. … — Wis. Stat. §421.301(17), (25)

Ceiling and exclusions (a real scope trap). Chapters 421 to 427 — ch. 427 included — do not apply above a dollar ceiling or to first-lien mortgage paper:

421.202 Exclusions. Chapters 421 to 427 do not apply to any of the following: (1) Extensions of credit to organizations (s. 421.301 (28)). (2) Transactions in which all parties are organizations (s. 421.301 (28)). … (6) Consumer credit transactions in which the amount financed exceeds $50,000, motor vehicle consumer leases in which the total lease obligation exceeds $50,000, or other consumer transactions in which the cash price exceeds $50,000. NOTE: Sub. (6) is shown as amended eff. 1-1-27 by 2025 Wis. Act 105. Prior to 1-1-27 it reads: (6) Consumer credit transactions in which the amount financed exceeds $25,000, motor vehicle consumer leases in which the total lease obligation exceeds $25,000 or other consumer transactions in which the cash price exceeds $25,000. (7) Transactions secured by a first lien real estate mortgage or equivalent security interest. … (10) Transactions that are primarily for an agricultural purpose, except that this subsection does not exclude transactions that are primarily for an agricultural purpose from ch. 427 … — Wis. Stat. §421.202

SECTION 1. 421.202 (6) of the statutes is amended to read: 421.202 (6) Consumer credit transactions in which the amount financed exceeds $25,000 $50,000 … SECTION 5. Effective date. (1) This act takes effect on January 1, 2027. — 2025 Wis. Act 105 (2025 Senate Bill 787), enacted 2026-03-20, published 2026-03-21

Entry gate — §218.04 collection agency license (DFI Division of Banking)

218.04 Collection agencies. (1) DEFINITIONS. … (a) "Collection agency" means any person engaging in the business of collecting or receiving for payment for others of any account, bill, or other indebtedness. "Collection agency" does not include attorneys at law authorized to practice in this state and resident herein, banks, credit unions, health care billing companies, state savings banks, state savings and loan associations, insurers and their agents, trust companies, mortgage bankers licensed and operating under subch. III of ch. 224, district attorneys acting under s. 971.41, persons contracting with district attorneys under s. 971.41 (5), real estate brokers, and real estate salespersons. (2) LICENSES REQUIRED. (a) Except as provided in par. (b), a person may not operate as a collection agency in this state without first having obtained a license as required by this section. (b) A nonresident of this state is not required to obtain a collection agency license if that person conducts collection agency activity with state residents solely by means of interstate telecommunications or interstate mail. — Wis. Stat. §218.04(1)(a), (2)

License is per location, through NMLS, with a discretionary bond:

(3) LICENSES; APPLICATIONS; FEES; BOND. (a) 1g. The division shall utilize the nationwide multistate licensing system and registry, and the provisions of s. 224.35 shall apply, with respect to applicants and licensees under this section. … (b) At the time of making application, every applicant for a collection agency license shall pay a nonrefundable fee of $1,000 to the division for investigating the application, unless the applicant is already licensed under this section, and the sum of $200 as an annual license fee for each place of business that is required to be separately licensed under sub. (4) (a). … (d) The division may require any licensee to file and maintain in force a bond, in a form to be prescribed by and acceptable to the division, and in such sum as the division may deem reasonably necessary to safeguard the interests of the public. — Wis. Stat. §218.04(3)

The bond is discretionary in the statute but fixed in practice by DFI's published schedule on the annual report form, keyed to annual collections net of paid-directs:

BOND SCHEDULE — If Annual Collections Net of Paid Directs (line 1A on page 2) are: / Then Bond Amount is: Less than $150,000 → $25,000 · $150,000–$249,999 → $35,000 · $250,000–$349,999 → $45,000 · $350,000–$499,999 → $50,000 · $500,000–$749,999 → $65,000 · $750,000–$999,999 → $85,000 · $1,000,000–$1,999,999 → $100,000 · $2,000,000–$3,999,999 → $145,000 · $4,000,000–$5,999,999 → $155,000 · $6,000,000–$9,999,999 → $190,000 · $10,000,000–$19,999,999 → $240,000 · $20,000,000–$29,999,999 → $290,000 · $30,000,000 and Over → Contact the Division of Banking for special requirements … "Pursuant to Wis. Stat. s. 218.04(3)(d), the division reserves the right to require a higher bond amount if the division deems it necessary to safeguard the interests of the public." — WDFI Form LFS420, "Collection Agency Annual Report" (Revised November 2025), pp. 2, 4. Add $10,000 to the schedule amount if any Wisconsin-operations records are maintained outside Wisconsin (line D), plus outstanding pre-paid transmittals (line C). Report + bond calculation due to the division by 3/31; increase riders must be effective on or before 5/1 and filed in NMLS by 4/1.

Fees as DFI publishes them:

"$1,200 for company license and $200 for each branch location. The $1,200 fee consists of a $200 license fee and a $1,000 non-refundable investigation fee." … "$200 per licensed location per year." … a "$100 non-refundable reinstatement fee per licensed location will also be assessed. The reinstatement period closes on the last day of February each year." — WDFI, Licensed Financial Services Fees (dfi.wi.gov)

Penalty for operating unlicensed:

(12) PENALTIES. Any person who shall violate any provision of this section shall be guilty of a misdemeanor and, for each and every such offense shall, upon conviction thereof, be punished by a fine of not more than $1,000 or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment. — Wis. Stat. §218.04(12)

A WCA violation is independently a ground to lose the license:

(5) … (a) The division may suspend or revoke any license issued under this section if the division finds that any of the following applies: … 5. The licensee or any officer or employee of it has violated chs. 421 to 427 and 429. — Wis. Stat. §218.04(5)(a)5.

Second gate — WCA registration with the administrator (§426.201)

426.201 Registration. (1) The registration requirements of this section apply to persons who do any of the following in this state: (a) Make or solicit consumer credit transactions, except a person who engages in consumer credit transactions solely through honoring credit cards issued by 3rd parties not related to such person. (b) Directly collect payments from or enforce rights against customers arising from such transactions, wherever made. (2) Each person subject to the registration requirements under sub. (1) shall file a registration statement with the administrator within 30 days after commencing business in this state. … (2m) (a) Except as provided in par. (b), each person subject to the registration requirements under sub. (1) shall file a registration statement containing the information under sub. (2) (a) to (g) no later than February 28 of each year following the year of the person's initial registration under sub. (2). (b) … 2. Paragraph (a) does not apply if the person's year-end balance is not more than $250,000. (4) The following persons shall not be subject to this section solely by reason of their debt collection activities unless they are licensed debt collectors under s. 218.04: (a) Attorneys authorized to practice law in this state or professional service corporations composed of licensed attorneys …; (b) Duly licensed real estate brokers and real estate salespersons; and (c) Duly licensed insurance companies subject to the supervision of the office of the commissioner of insurance. — Wis. Stat. §426.201

426.203 Penalties. Whoever fails to comply with the registration requirements under s. 426.201 or fails to pay a fee required under s. 426.202 may be required to forfeit not more than $50. Each day that this failure continues constitutes a separate offense. … — Wis. Stat. §426.203

Prohibited practices — §427.104(1)

427.104 Prohibited practices. (1) In attempting to collect an alleged debt arising from a consumer credit transaction or other consumer transaction, including a transaction primarily for an agricultural purpose, where there is an agreement to defer payment, a debt collector may not: (a) Use or threaten force or violence to cause physical harm to the customer or the customer's dependents or property; (b) Threaten criminal prosecution; (c) Disclose or threaten to disclose information adversely affecting the customer's reputation for credit worthiness with knowledge or reason to know that the information is false; (d) Initiate or threaten to initiate communication with the customer's employer prior to obtaining final judgment against the customer, except as permitted by statute including specifically s. 422.404, but this paragraph does not prohibit a debt collector from communicating with the customer's employer solely to verify employment status or earnings or where an employer has an established debt counseling service or procedure; (e) Disclose or threaten to disclose to a person other than the customer or the customer's spouse information affecting the customer's reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information, but this paragraph does not prohibit the disclosure to another person of information permitted to be disclosed to that person by statute; (f) Disclose or threaten to disclose information concerning the existence of a debt known to be reasonably disputed by the customer without disclosing the fact that the customer disputes the debt; (g) Communicate with the customer or a person related to the customer with such frequency or at such unusual hours or in such a manner as can reasonably be expected to threaten or harass the customer; (h) Engage in other conduct which can reasonably be expected to threaten or harass the customer or a person related to the customer; (i) Use obscene or threatening language in communicating with the customer or a person related to the customer; (j) Claim, or attempt or threaten to enforce a right with knowledge or reason to know that the right does not exist; (k) Use a communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency or attorney-at-law when it is not; (L) Threaten action against the customer unless like action is taken in regular course or is intended with respect to the particular debt; or (m) Engage in conduct in violation of a rule adopted by the administrator after like conduct has been restrained or enjoined by a court in a civil action by the administrator against any person pursuant to the provisions on injunctions against false, misleading, deceptive or unconscionable agreements or conduct (ss. 426.109 and 426.110). — Wis. Stat. §427.104(1) (emphasis added on the deferred-payment qualifier)

Official annotations printed with the section, on the frequency standard and on §(1)(j):

Sixty-nine calls to a debtor over a 19-month period was not harassment. Associates Financial Services Co. of Wisconsin v. Hornik, 114 Wis. 2d 163, 336 N.W.2d 395 (Ct. App. 1983). … The requirement found in 15 USC 1692e that an attorney have "meaningful involvement" in an action cannot be read into sub. (1) (k). Plaza Services LLC v. Burton, 2025 WI App 51, 418 Wis. 2d 123, 25 N.W.3d 556, 24-1129. — annotations to Wis. Stat. §427.104

Remedies for a ch. 427 violation — §427.105

427.105 Remedies. (1) A person injured by violation of this chapter may recover actual damages and the penalty provided in s. 425.304; but notwithstanding any other law actual damages shall include damages caused by emotional distress or mental anguish with or without accompanying physical injury proximately caused by a violation of this chapter. (2) If a customer establishes that the customer was induced to surrender collateral, as defined in s. 425.202 (1), by conduct of the merchant which violates this chapter, the customer shall be entitled to a determination of the right to possession of the collateral pursuant to s. 425.205 (1) (e) in any action brought under this subchapter, and if the customer prevails on such issue, in addition to any other damages under this subchapter, the customer shall be entitled to recover possession of the collateral if still in the merchant's possession, together with actual damages for the customer's loss of use of the collateral. — Wis. Stat. §427.105

425.304 Remedy and penalty for certain violations. A person who commits a violation to which this section applies is liable to the customer in an amount equal to the greater of: (1) Twice the amount of the finance charge in connection with the transaction, except that the liability under this subsection shall not be less than $100 nor greater than $1,000; or (2) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation. — Wis. Stat. §425.304

425.308 Reasonable attorney fees. (1) If the customer prevails in an action arising from a consumer transaction, the customer shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred on the customer's behalf in connection with the prosecution or defense of such action, together with a reasonable amount for attorney fees. — Wis. Stat. §425.308(1)

425.301 … (3) Notwithstanding any other section of chs. 421 to 427, a customer shall not be entitled to recover specific penalties provided in s. 425.302 (1) (a), 425.303 (1), 425.304 (1) or 425.305 (1) if the person violating chs. 421 to 427 shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (4) The liability of a merchant under chs. 421 to 427 is in lieu of and not in addition to any liability under the federal consumer credit protection act and ss. 138.09, 138.14, or 218.0101 to 218.0163. An action by a person alleging a violation under chs. 421 to 427 may not be maintained if a final judgment has been rendered for or against that person with respect to the same violation under the federal consumer credit protection act … (5) If there are multiple obligors in the same consumer credit transaction or consumer lease, there may be no more than one recovery of civil penalties for each violation of chs. 421 to 427. — Wis. Stat. §425.301(3)–(5)

Customer's own clock to sue, and public enforcement:

425.307 Limitation of action. (1) Any action brought by a customer to enforce rights pursuant to chs. 421 to 427 shall be commenced within one year after the date of the last violation of chs. 421 to 427, 2 years after consummation of the agreement or one year after last payment, whichever is later, except with respect to transactions pursuant to open-end credit plans which shall be commenced within 2 years after the date of the last violation; but no action may be commenced more than 6 years after the date of the last violation. (2) Rights under chs. 421 to 427 may be asserted as a defense, setoff or counterclaim to an action against the customer without regard to this time limitation. — Wis. Stat. §425.307

426.301 Violations and enforcement. (1) The administrator may recover in a civil action from a person who violates chs. 421 to 427 and 429 or any rule made pursuant to any authority granted in chs. 421 to 427 and 429, a civil penalty of not less than $100 and not more than $1,000 for each violation. (2) In addition … the administrator may recover in a civil action from a person who knowingly or willfully violates chs. 421 to 427 and 429 … a civil penalty of not less than $1,000 and not more than $10,000 for each violation. — Wis. Stat. §426.301

425.401 Willful violations: misdemeanor. (1) Except as provided in sub. (2), a person who willfully and knowingly engages in any conduct or practice in violation of chs. 421 to 427 may be fined not more than $2,000. — Wis. Stat. §425.401(1)

Licensee-only conduct rules — Wis. Admin. Code ch. DFI-Bkg 74

These bind §218.04 licensees (third-party agencies), not first-party creditors, and are stricter than ch. 427 and than federal law in three places.

Mandatory Wisconsin licensure notice (a state-specific disclosure the validation letter must carry):

DFI-Bkg 74.13 Fair collection practice notice. (1) Unless the initial communication is written and contains the following notice or the debtor has paid the debt, a licensee shall send the debtor the following notice within 5 days after the initial communication with a debtor: "This collection agency is licensed by the Division of Banking in the Wisconsin Department of Financial Institutions, www.dfi.wi.gov." This notice shall be in at least 8 point type and shall be typed or printed on either a collection notice or on the validation of any debt directed to the debtor by the licensee pursuant to Section 809 of the Federal Fair Debt Collection Practices Act. (2) Where the notice required by sub. (1) is printed on the reverse side of any collection notice or validation sent by the licensee, the front of such notice shall bear the following statement in not less than 8 point type: "Notice: See Reverse Side for Important Information." — Wis. Admin. Code §DFI-Bkg 74.13

Oral stop-calling request is binding (FDCPA §1692c(c) requires written notice; this does not):

DFI-Bkg 74.16 Oppressive and deceptive practices prohibited. A licensee may not engage in any oppressive or deceptive practices. In attempting to collect an alleged account, bill, or other indebtedness, a licensee may not do any of the following: … (5) Contact a debtor by telephone following a request or demand by the debtor that such collection efforts cease. … (8) Communicate with the debtor or a person related to the debtor with such frequency or at such unusual hours or in such a manner as can reasonably be expected to threaten or harass the debtor. … (9g) Violate the Federal Fair Debt Collection Practices Act. (9m) Violate any federal or state statute, rule, or regulation that relates to practice as a collection agency. … (15) Enlist the aid of a neighbor or other third party to request that the debtor contact the licensee except a person who resides with the debtor or a third party with whom the debtor has authorized the licensee to place such requests. This subsection does not apply to a call back message left at the debtor's place of employment which is limited to the licensee's telephone number and the collector's name. (16) Make collect telephone calls to debtors. — Wis. Admin. Code §DFI-Bkg 74.16

Fee cap — the debtor pays nothing except four enumerated items, and card convenience fees are capped:

DFI-Bkg 74.11 … (2) FEES. (a) Except as set forth in pars. (b) to (e) and s. DFI-Bkg 74.11 (8), a licensee may not charge the debtor any fee, handling charge, mileage costs or other out-of-pocket expenses incurred in the collection of an account. In no case may a licensee divide a debtor's payment to increase the fees. The fees permitted under par. (d) may only be assessed if the fee is disclosed to the debtor prior to the transaction being processed and the debtor is not required to make payment via the method described therein. (b) Actual charges assessed by a financial institution on a check returned to the licensee for any reason may be added to the account of the debtor provided the charge is not the result of a licensee prematurely depositing a post-dated check. (c) Actual charges assessed by a financial institution on an Automated Clearing House transaction reversed for any reason may be added to the account of the debtor provided the charge is not the result of a licensee debiting the debtor's account prematurely, for an incorrect amount, or without proper authorization. (d) A fee not to exceed the lesser of $25 or 3% of the payment amount, not including the fee, may be added to the account of the debtor when the debtor makes a payment using a credit card or debit card. (e) A licensee may serve process on a debtor and may assess a charge for service of process costs not exceeding those assessed by the sheriff of the county in which process is served. — Wis. Admin. Code §DFI-Bkg 74.11(2)

Also: paid-in-full receipts within ten business days of written request, free (§DFI-Bkg 74.11(7)); payment histories within ten business days of written request for open accounts and accounts paid within the last 24 months (§74.11(8)); one free account statement per 12 months, $5 cap thereafter (§74.11(8)); collector aliases limited to one per collector, first and last name, division notified before change (§218.04(9)(b)); collectors may not appear in court or before a small-claims clerk (§218.04(9j)(b), §DFI-Bkg 74.15).

Call frequency and call-time window — no Wisconsin overlay

Neither ch. 427 nor ch. 425 nor §218.04 nor DFI-Bkg 74 states a numeric call cap or a permitted-hours window. The only frequency rules are the intent/effect standards quoted above (§427.104(1)(g), §DFI-Bkg 74.16(8)) and the annotation that 69 calls over 19 months was not harassment. Federal law is the operative limit: Reg F's 7-calls-in-7-days plus 7-days-after-conversation presumption (12 CFR 1006.14(b)(2)) and the 8am–9pm local-time window (12 CFR 1006.6(b)(1)(i)). See ../federal/reg-f/call-frequency.md.

Pre-suit and pleading gates for consumer-credit collection actions

These are Wisconsin's sharpest teeth: they do not create damages, they kill the lawsuit.

Right to cure — mandatory 15-day notice before acceleration or suit:

425.105 Cure of default. (1) A merchant may not accelerate the maturity of a consumer credit transaction, commence any action except as provided in s. 425.205 (6), or demand or take possession of collateral or goods subject to a consumer lease other than by accepting a voluntary surrender thereof (s. 425.204), unless the merchant believes the customer to be in default (s. 425.103), and then only upon the expiration of 15 days after a notice is given pursuant to s. 425.104 if the customer has the right to cure under this section. (2) Except as provided in subs. (3) and (3m), for 15 days after such notice is given, a customer may cure a default under a consumer credit transaction by tendering the amount of all unpaid installments … — Wis. Stat. §425.105(1)–(2)

425.104 Notice of customer's right to cure default. (1) A merchant who believes that a customer is in default may give the customer written notice of the alleged default and, if applicable, of the customer's right to cure any such default (s. 425.105). (2) Any notice given under this section shall contain the name, address and telephone number of the creditor, a brief identification of the consumer credit transaction, a statement of the nature of the alleged default and a clear statement of the total payment, including an itemization of any delinquency charges, or other performance necessary to cure the alleged default, the exact date by which the amount must be paid or performance tendered and the name, address and telephone number of the person to whom any payment must be made, if other than the creditor. — Wis. Stat. §425.104

Official annotations to those sections:

A creditor's failure to send a notice of default and right to cure letter is merely a failure to comply with a procedural requirement that warrants dismissal of the creditor's action against the debtor. The failure does not disrupt the creditor's right to payment from the debtor. Security Finance v. Kirsch, 2019 WI 42, 386 Wis. 2d 388, 926 N.W.2d 167, 17-1408. … Courts construe sub. (2) strictly, so even minor defects or omissions are enough to render a notice of right to cure invalid. … Billing statements are not sufficient to give notice of a right to cure to an unsophisticated consumer, so they cannot qualify as right-to-cure notices under sub. (2). Bahena v. Jefferson Capital Systems, LLC, 363 F. Supp. 3d 914 (2019). … The National Bank Act (NBA), 12 USC 25b, does not preempt the procedural notice requirements of the Wisconsin Consumer Act under ss. 425.103 to 425.105 to bring a collection action. … Bank of America, N.A. v. Riffard, 2025 WI App 17, 415 Wis. 2d 568, 19 N.W.3d 604, 23-0125. — annotations to Wis. Stat. §§425.104, 425.105

Pleading — §425.109 (as rewritten by 2015 Wis. Act 155):

425.109 Pleadings. (1) A complaint by a merchant to enforce any cause of action arising from a consumer credit transaction shall include all of the following: (a) An identification of the consumer credit transaction. (b) A description of the collateral or leased goods, if any, which the merchant seeks to recover or has recovered. (c) A specification of the facts constituting the alleged default by the customer. (d) 1. If the consumer credit transaction is pursuant to an open-end credit plan, the actual or estimated amount … and the figures necessary for computation of the amount alleged to be due to the merchant on a date certain after the customer's default. Figures necessary for computation shall mean the amount reflected on a billing statement addressed to the customer and a breakdown of all charges, interest, and payments … This paragraph does not require a specific itemization, but the breakdown shall identify separately the amount due on a date certain, the total of all charges occurring after this date certain, the total of all interest occurring after this date certain, and the total of all payments occurring after this date certain. 2. If the consumer credit transaction is other than one pursuant to an open-end credit plan, the actual or estimated amount … alleged to be due to the merchant on a date certain after the customer's default, and a breakdown of all charges, interest, and payments … [same itemization rule] (e) … a statement that the customer has the right to redeem any collateral as provided in s. 425.208 (1) (intro.) … (g) If the customer still has the right to cure a default under s. 425.105 pursuant to a notice given under s. 425.104, the total payment or other performance necessary to cure the alleged default and the exact date by which it must be made. (h) Subject to sub. (2) and s. 425.205 (4), an accurate copy of the writings, if any, evidencing the transaction, except that with respect to claims arising under open-end credit plans, a statement that the merchant will submit accurate copies of the writings evidencing the customer's obligation to the court and the customer upon receipt of the customer's written request therefor on or before the return date or the date on which the customer's answer is due. (2) Upon the written request of the customer under sub. (1) (h), the merchant shall submit accurate copies to the court and the customer of writings evidencing the customer's obligation pursuant to an open-end credit plan upon which the merchant's claim is made and default judgment may not be entered for the merchant … (3) A default judgment may not be entered upon a complaint which fails to comply with this section. (4) For purposes of subchs. III and IV, a complaint that fails to comply with this section does not constitute a violation of chs. 421 to 427, and shall not give rise to recovery of attorney fees under s. 425.308, unless the customer establishes by a preponderance of the evidence that the failure to comply was willful or intentional. — Wis. Stat. §425.109 (History: 1971 c. 239; 1983 a. 389; 1991 a. 236; 2015 a. 155)

2015 Wis. Act 155 is what put debt buyers inside §425.109: it struck "creditor" and inserted "merchant" throughout sub. (1), and "merchant" includes "any assignee of or successor to" a creditor (§421.301(25)).

SECTION 2. 425.109 (1) (intro.) of the statutes is amended to read: 425.109 (1) (intro.) A complaint by a creditor merchant to enforce any cause of action arising from a consumer credit transaction shall include all of the following: — 2015 Wis. Act 155 (2015 Assembly Bill 117), enacted 2016-02-29, published 2016-03-01

Venue — wrong county is jurisdictional in a consumer-credit case:

421.401 Venue. (1) The venue for a claim arising out of a consumer transaction or a consumer credit transaction is the county: (a) Where the customer resides or is personally served; (b) Where collateral securing a consumer credit transaction is located; or (c) Where the customer sought or acquired the property, services, money or credit which is the subject of the transaction or signed the document evidencing his or her obligation under the terms of the transaction. (2) When it appears from the return of service of the summons or otherwise that the county in which the action is pending under sub. (1) is not a proper place of trial for such action, unless the defendant appears and waives the improper venue, the court shall act as follows: (a) Except as provided in par. (b), if it appears that another county would be a proper place of trial, the court shall transfer the action to that county. (b) If the action arises out of a consumer credit transaction, the court shall dismiss the action for lack of jurisdiction. — Wis. Stat. §421.401

An improperly venued action arising from a consumer credit transaction shall be dismissed for lack of jurisdiction under sub. (2) (b). When the court fails to dismiss, the action is invalid. Kett v. Community Credit Plan, Inc., 228 Wis. 2d 1, 596 N.W.2d 786 (1999), 97-3620. Although voluntarily dismissed, prosecution of improperly venued actions violated the Wisconsin Consumer Act, and the defendants were prevailing parties under s. 425.308 entitled to attorney fees. Community Credit Plan, Inc. v. Johnson, 228 Wis. 2d 30, 596 N.W.2d 799 (1999), 97-0574. — annotations to Wis. Stat. §421.401

Choice-of-law and venue-fixing clauses are void as to WCA transactions:

(10) Except as provided in sub. (9), the following terms of a writing executed by a customer are invalid with respect to consumer transactions, or modifications thereof, to which chs. 421 to 427 apply: (a) That the law of another state shall apply; (b) That the customer consents to the jurisdiction of another state; and (c) That fixes venue. — Wis. Stat. §421.201(10)

And any charge or practice that violates the WCA is simply unenforceable:

425.306 Unenforceable obligations. (1) Any charge, practice, term, clause, provision, security interest or other action or conduct in violation of chs. 421 to 427, to the extent that the same is in violation of chs. 421 to 427, shall confer no rights or obligations enforceable by action. — Wis. Stat. §425.306(1)

Statute of limitations — 6 years across the board

Contracts, open accounts, credit cards (all buckets):

893.43 Action on contract. (1) Except as provided in sub. (2), an action upon any contract, obligation, or liability, express or implied, including an action to recover fees for professional services, except those mentioned in s. 893.40, shall be commenced within 6 years after the cause of action accrues or be barred. (2) An action upon a motor vehicle insurance policy described in s. 632.32 (1) shall be commenced within 3 years after the cause of action accrues or be barred. … — Wis. Stat. §893.43 (History: 1979 c. 323; 2015 a. 133)

There is no separate oral-contract period in Wisconsin — §893.43(1) says "any contract … express or implied," which is the whole field. Sub. (2), the only post-1979 amendment, was added by 2015 Wis. Act 133 and reaches motor-vehicle insurance policies only:

AN ACT to renumber and amend 893.43 … and to create 893.43 (2) … relating to: statutes of limitation on claims involving property damage and on claims arising from a motor vehicle accident and covered by a motor vehicle insurance policy. — 2015 Wis. Act 133 (2015 Assembly Bill 223), enacted 2016-02-04, published 2016-02-05

Accrual on open accounts:

893.64 Actions upon accounts. In actions brought to recover the balance due upon a mutual and open account current the cause of action shall be deemed to have accrued at the time of the last item proved in such account. — Wis. Stat. §893.64

There must be mutual debts or setoff before this section applies. Demos v. Carey, 50 Wis. 2d 262, 184 N.W.2d 117 (1971). — annotation to Wis. Stat. §893.64

Accrual on an ordinary contract claim is breach, with no discovery rule:

A contract cause of action accrues at the time of the breach. The discovery rule is inapplicable. CLL Associates v. Arrowhead Pacific Corp., 174 Wis. 2d 604, 497 N.W.2d 115 (1993). — annotation to Wis. Stat. §893.43

Negotiable instruments — also 6 years (Wisconsin's UCC 3-118 analog):

403.118 Statute of limitations. (1) Except as provided in sub. (5), an action to enforce the obligation of a party to pay a note payable at a definite time shall be commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date. (2) Except as provided in sub. (4) or (5), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note shall be commenced within 6 years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years. (3) Except as provided in sub. (4), an action to enforce the obligation of a party to an unaccepted draft to pay the draft shall be commenced within 3 years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first. (4) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check or traveler's check shall be commenced within 3 years after demand for payment is made to the acceptor or issuer, as the case may be. (5) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument shall be commenced within 6 years after demand for payment is made to the maker … (7) … an action for conversion of an instrument, for money had and received, or like action based on conversion, an action for breach of warranty or an action to enforce an obligation, duty or right arising under this chapter and not governed by this section shall be commenced within 3 years after the cause of action accrues. — Wis. Stat. §403.118 (History: 1995 a. 449)

Judgments — 20 years; residual contract actions — 10 years:

893.40 Action on judgment or decree; court of record. Except as provided in ss. 846.04 (2) and (3) and 893.415, action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred. — Wis. Stat. §893.40

893.50 Other actions. All personal actions on any contract not limited by this chapter or any other law of this state shall be brought within 10 years after the accruing of the cause of action. — Wis. Stat. §893.50

Expiry extinguishes the claim — §893.05

893.05 Relation of statute of limitations to right and remedy. When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy. — Wis. Stat. §893.05

Judicial Council Committee's Note, 1979: This new section is a codification of Wisconsin case law. See Maryland Casualty Company v. Beleznay, 245 Wis. 390, 14 N.W.2d 177 (1944), in which it is stated at page 393: "In Wisconsin the running of the statute of limitations absolutely extinguishes the cause of action for in Wisconsin limitations are not treated as statutes of repose. The limitation of actions is a right as well as a remedy, extinguishing the right on one side and creating a right on the other, which is as of high dignity as regards judicial remedies as any other right and it is a right which enjoys constitutional protection". — Judicial Council note printed with Wis. Stat. §893.05

Borrowing statute (imports the shorter of the two periods, and §893.05's extinguishment travels with it):

893.07 Application of foreign statutes of limitation. (1) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies has expired, no action may be maintained in this state. (2) If an action is brought in this state on a foreign cause of action and the foreign period of limitation which applies to that action has not expired, but the applicable Wisconsin period of limitation has expired, no action may be maintained in this state. — Wis. Stat. §893.07

Absence tolling (largely switched off where long-arm jurisdiction exists):

893.19 Limitation when person out of state. (1) If a person is out of this state when the cause of action accrues against the person an action may be commenced within the terms of this chapter respectively limited after the person returns or removes to this state. But the foregoing provision shall not apply to any case where, at the time the cause of action accrues, neither the party against nor the party in favor of whom the same accrues is a resident of this state; and if, after a cause of action accrues against any person, he or she departs from and resides out of this state the time of absence is not any part of the time limited for the commencement of an action; … (2) This section shall not apply to any person who, while out of this state, may be subjected to personal jurisdiction in the courts of this state on any of the grounds specified in s. 801.05. — Wis. Stat. §893.19

Revival — writing required for acknowledgment; payment keeps its common-law effect

893.45 Acknowledgment or new promise. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the cause out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby. — Wis. Stat. §893.45

893.46 Acknowledgment, who not bound by. If there are 2 or more joint contractors or joint personal representatives of any contractor, no such joint contractor or joint personal representative shall lose the benefit of this chapter so as to be chargeable by reason only of any acknowledgment or promise made by any other of them. — Wis. Stat. §893.46

893.47 Actions against parties jointly liable. In actions commenced against 2 or more joint contractors or joint personal representatives of any contractors, if it shall appear, on the trial or otherwise, that the plaintiff is barred by this chapter as to one or more of the defendants but is entitled to recover against any other or others of them by virtue of a new acknowledgment or promise or otherwise, judgment shall be given for the plaintiff as to any of the defendants against whom the plaintiff is entitled to recover and for the other defendant or defendants against the plaintiff. — Wis. Stat. §893.47

893.48 Payment, effect of, not altered. Nothing contained in ss. 893.44 to 893.47 shall alter, take away or lessen the effect of a payment of any principal or interest made by any person, but no endorsement or memorandum of any such payment, written or made upon any promissory note, bill of exchange or other writing, by or on behalf of the party to whom the payment is made or purports to be made, is sufficient proof of the payment so as to take the case out of the operation of this chapter. — Wis. Stat. §893.48

893.49 Payment by one not to affect others. If there are 2 or more joint contractors or joint personal representatives of any contractor, no one of them shall lose the benefit of this chapter so as to be chargeable by reason only of any payment made by any other of them. — Wis. Stat. §893.49

The effect of payment, from the annotation printed with §893.43:

Partial payment of an obligation made prior to the running of the statute of limitations tolls the statute and sets it running from the date of payment. St. Mary's Hospital Medical Center v. Tarkenton, 103 Wis. 2d 422, 309 N.W.2d 14 (Ct. App. 1981). — annotation to Wis. Stat. §893.43 (emphasis added)

Plain English (interpretation — the quotes win). Wisconsin has a two-state revival model, and the dividing line is expiry:

• Before the 6 years run: a partial payment restarts the clock from the payment date (St. Mary's Hospital, quoted above). A written, signed acknowledgment or new promise also restarts it (§893.45). An oral acknowledgment does not (§893.45).
• After the 6 years run: §893.05 has already extinguished the right, not just the remedy. Nothing the consumer does afterwards re-creates a right that no longer exists — this is the same shape as the Texas debt-buyer rule in ./tx.md, but here it comes from the general limitations statute and applies to every holder of every Wisconsin claim. Labeled interpretation: no Wisconsin statute says in terms "a post-expiry payment does not revive"; the conclusion is drawn from §893.05's extinguishment language plus the Judicial Council note's "absolutely extinguishes the cause of action" and the fact that §893.45's revival mechanism speaks of taking a cause "out of the operation of this chapter," which presupposes a surviving cause. Treat the post-expiry no-revival rule as the operating posture; escalate any plan to re-age a time-barred Wisconsin account to counsel.

Time-barred-debt disclosure — none in Wisconsin

Wisconsin has no statute or rule requiring a time-barred-debt notice, no suit-on-time-barred-debt prohibition of the Texas §392.307(c) kind, and no debt-buyer statute. Verified by full-text read of ch. 427, ch. 425, ch. 426, §218.04, and Wis. Admin. Code ch. DFI-Bkg 74 — none contains any limitations-period disclosure. Federal Reg F §1006.26(b)–(c) (no suit or threat of suit on time-barred debt) is therefore the only operative rule. See ../federal/reg-f/time-barred-debt.md.

Medical debt — nothing enacted (2023–2026 sessions)

Wisconsin has no medical-debt-specific SOL, no medical-debt credit-reporting restriction, and no medical-debt collection statute. The 2025 session's vehicle for hospital price transparency and patient-collection restrictions died:

2025 Assembly Bill 353 — Relating to: price transparency in hospitals, restricting certain debt collection actions against patients, and providing a penalty. … Failed to pass pursuant to Senate Joint Resolution 1 (2026-03-23). — Wisconsin Legislature, 2025 Assembly Bill 353 history (docs.legis.wisconsin.gov)

Its Senate companion, 2025 Senate Bill 383, is the same proposal. UNVERIFIED / FLAGGED — the 2025-27 budget bill (2025 Senate Bill 45) carried a medical-debt credit-reporting provision in its LRB analysis (six-month wait plus itemized-statement preconditions before a provider, billing administrator, or debt collector may report a health-care debt as in collections). It does not appear in the current statutes (full-text check of ch. 146 found no consumer-reporting-agency provision), which indicates it was stripped before enactment — but the enrolled budget act was not itself retrieved and diffed. Do not build to it; re-check at next verification.

Note two adjacent provisions that are not debt-collection rules: §218.04(1)(a) exempts "health care billing companies" from the collection agency license (defined narrowly at §DFI-Bkg 74.01(4) — accounts not in default when forwarded, collected only under the provider's name, with all payments directed to the provider), and §146.91 governs hospital price transparency and prompt-pay discounts (capped at 15% of the fee owed).

Plain English

Interpretation — the quotes above win on any conflict.

• Wisconsin is a first-party state. Chapter 427 binds "any person engaging, directly or indirectly, in debt collection." Original creditors, servicers, agencies, debt buyers, and even landlords collecting deferred rent are all in scope. There is no FDCPA-style creditor exemption anywhere in the chapter.
• But ch. 427 has a dollar ceiling and a deferred-payment qualifier. The WCA does not reach a consumer transaction whose amount financed or cash price exceeds $25,000 (rising to $50,000 on 2027-01-01), nor first-lien mortgage paper. And §427.104(1)'s prohibitions apply only "where there is an agreement to defer payment" — a cash medical bill that was never a credit transaction, and where payment terms were offered only after collection attempts failed, may fall outside §427.104 entirely.
• Two registrations, not one. A third-party agency needs a §218.04 collection agency license from DFI's Division of Banking (via NMLS: $1,200 to start, $200/year per location, plus a surety bond sized off last year's Wisconsin collections — $25,000 at the bottom of the schedule, $290,000 at $20M–$30M). Separately, anyone who "directly collect[s] payments from or enforce[s] rights against customers" arising from consumer credit transactions must file a WCA registration with the administrator under §426.201 within 30 days of starting, and re-file each February 28 unless year-end balance is ≤ $250,000. The pure interstate-mail-and-phone collector is exempt from the license (§218.04(2)(b)) but not obviously from the registration.
• No Wisconsin call cap and no Wisconsin call window. Reg F's 7-in-7 and 8am–9pm rules are the operative limits. Wisconsin's own frequency rule is a harassment standard, and the published annotation (69 calls / 19 months held not harassment) shows it is a weak one.
• The strictest Wisconsin-only conduct rules are in the admin code, and bind licensees only: the mandatory "This collection agency is licensed by the Division of Banking…" notice in the first written communication or within 5 days; an oral stop-calling request that binds (no writing required, unlike FDCPA §1692c(c)); a hard bar on charging the debtor any collection fee except returned-check/reversed-ACH actuals, service-of-process costs, and a card convenience fee capped at the lesser of $25 or 3% (pre-disclosed, and only if another payment method is available).
• SOL is 6 years for everything a collector touches — written contract, "oral" contract (Wisconsin has no separate oral period; §893.43(1) covers express and implied), open account / credit card, and promissory note (§403.118(1)). Judgments run 20 years.
• Expiry is final. §893.05 extinguishes the right itself. Before expiry, a partial payment or a signed written acknowledgment restarts the six years; after expiry, treat the account as dead.
• Litigation is where Wisconsin actually bites. A consumer-credit suit needs (1) a compliant §425.104 right-to-cure notice plus 15 days, (2) a §425.109-compliant complaint with the itemized breakdown and the account documents, and (3) the right county. Missing (1) or (3) gets the case dismissed; missing (2) blocks default judgment. Prevailing consumers get fee-shifting under §425.308 regardless of damages.

Traps / edge cases

• "Where there is an agreement to defer payment" is a live limiter on §427.104(1). The official annotations cut both ways: a 12-month residential lease did contain such an agreement (Koble Investments v. Marquardt, 2024 WI App 26), but permitting a debtor to pay over time only after collection attempts failed does not create a consumer credit transaction (Dean Medical Center, S.C. v. Conners, 2000 WI App 202). Do not assume every consumer account carries the §427.104 duties.
• The $25,000 ceiling turns off the entire WCA, including ch. 427's conduct rules, on larger consumer paper. It rises to $50,000 on 2027-01-01 (2025 Act 105) — a widening of coverage, so accounts between $25,000 and $50,000 come into scope on that date. Any scope check keyed to the ceiling needs a date-sensitive threshold, not a constant.
• The 2015 Act 155 "creditor" → "merchant" swap in §425.109 quietly overruled the debt-buyer escape hatch. The annotation still printed with the section — Rsidue, LLC v. Michaud, 2006 WI App 164 (a purchaser of an overdue credit card account "was not a 'creditor' … and not subject to the pleading requirements of sub. (1)") — reflects the pre-2016 text. Under the current text a debt buyer is an assignee, an assignee is a "merchant" (§421.301(25)), and the pleading requirements apply. Federal courts read the right-to-cure duty the same way: "A debt collector cannot step into a better position than its assignor where the consumer's rights are concerned." (Boerner v. LVNV Funding LLC, 358 F. Supp. 3d 767 (2019), annotation to §425.105).
• Pleading defects and venue defects have opposite remedies. Wrong venue in a consumer-credit case = dismissal for lack of jurisdiction, and prosecuting an improperly-venued action is itself a WCA violation carrying fee-shifting (Kett; Community Credit Plan v. Johnson). A defective complaint, by contrast, only blocks default judgment (§425.109(3)) and is expressly not a WCA violation and not fee-shifting unless willful or intentional (§425.109(4)) — reinforced by Plaza Services LLC v. Burton, 2025 WI App 51 ("Failure to comply with the Wisconsin Consumer Act's pleading requirements does not give rise to a claim for damages"). Note the annotation also warns that a pleading failure "cannot deprive a small claims court of subject matter jurisdiction and cannot render a default judgment void" (Mercado v. GE Money Bank, 2009 WI App 73).
• Right-to-cure notices are construed strictly — "even minor defects or omissions" void them, and billing statements never qualify (Bahena). The 15 days run from notice, and the National Bank Act does not preempt the requirement for national banks (Riffard, 2025 WI App 17).
• A ch. 425 right-to-cure failure is not itself a ch. 427 claim. Security Finance v. Kirsch, 2019 WI 42: "A creditor's failure to provide a notice of right to cure default under ch. 425 does not constitute a sufficient basis for relief under this chapter [427]." The remedy is dismissal of the collector's suit, not damages.
• Election of remedies against federal law. §425.301(4): WCA liability is "in lieu of and not in addition to" FDCPA liability, and a final judgment on the same violation under federal law bars the WCA action (and vice versa). A dual FDCPA/WCA strategy is not cumulative.
• The consumer's own clock is short but asymmetric. §425.307(1) gives one year from the last violation (two for open-end plans), with a six-year outer bound — but §425.307(2) lets the consumer raise WCA rights as a defense, setoff, or counterclaim with no time limit. Suing on an old account reopens WCA exposure that would otherwise be time-barred.
• Choice-of-law and venue clauses are void for WCA transactions (§421.201(10)), and §421.201(4) reaches "any debt collection activity in this state" regardless of where the account was made.
• Emotional-distress damages are statutory under §427.105(1) — "with or without accompanying physical injury" — so a Wisconsin harassment claim does not need the usual tort predicates.
• Corporate officers are personally exposed. §425.310 makes penalties uncollectible from an insolvent or dissolved corporation recoverable against "principal agents … including, but not limited to, officers, managers and assistant managers who knew of, should have known of or willfully participated in such a violation, if a meaningful part of the corporation's activities were in violation of chs. 421 to 427."
• The license bond is recalculated annually, on a hard calendar. Annual report and bond calculation due 3/31; an increase rider must be filed in NMLS by 4/1 and effective by 5/1; a decrease rider may be effective no earlier than 5/1. Add $10,000 to the schedule amount if any Wisconsin-operations records live outside Wisconsin.
• Licensees may not appear in court, including before a small-claims clerk, except when called as a witness by the plaintiff's attorney (§218.04(9j)(b), §DFI-Bkg 74.15), and §218.04(9j)(a) requires the creditor to be named as the real party in interest with the agency's name absent from the caption and pleadings.

Related

• ../federal/fdcpa/overview.md
• ../federal/reg-f/call-frequency.md
• ../federal/reg-f/time-barred-debt.md
• ./tx.md · ./ma.md · ./_matrix.md