Wisconsin Statutes & Annotations
Chapter 422 - Consumer credit transactions.
422.419 - Waivers prohibited.

422.419 Waivers prohibited.
(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.
History: 1971 c. 239; 1991 a. 316.
The Department of Financial Institutions has promulgated a definition of “dwelling" for purposes of sub. (1) (a) that includes any garage, shed, barn, or other building on the premises whether attached or unattached. There is no reason why “dwelling" should have a different meaning in s. 425.206 (2) (b). Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54, 393 Wis. 2d 814, 948 N.W.2d 419, 19-1365.

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