Section DFI-Bkg 74.16 - [Effective 1/1/2025] 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:
(1) Use or threaten force or violence to cause physical harm to the person, dependents or property of a debtor.(2) Threaten criminal prosecution.(3) Disclose or threaten to disclose information adversely affecting the debtor's reputation for credit worthiness with knowledge or reason to know that the information is false.(4) Initiate or threaten to initiate communication with the debtor's employer prior to obtaining final judgment against the debtor, except as permitted by statute. This subsection does not prohibit a debt collector from communicating with the debtor's employer solely to verify employment status or earnings or where an employer has an established debt counseling service or procedure.(5) Contact a debtor by telephone following a request or demand by the debtor that such collection efforts cease.(6) Disclose or threaten to disclose to a person other than the debtor or the debtor's spouse information affecting the debtor'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.(7) Disclose or threaten to disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing the fact that the debtor disputes the debt.(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.(9) Engage in other conduct that can reasonably be expected to threaten or harass the debtor or a person related to 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.(10) Use obscene, profane or threatening language in communicating with the debtor or a person related to the debtor.(11) Claim or attempt to threaten to enforce a right with knowledge or reason to know that the right does not exist.(12) 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 or any bogus letter ostensibly addressed to any governmental authority or attorney.(13) Threaten action against the debtor unless like action is taken in regular course or is intended with respect to the particular debt.(14) Mutilate any check or other writing tendered by a debtor before forwarding it or returning it to the customer.(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 Department of Financial Institutions DFI-Bkg 74.16
CR 06-045: CR Register September 2006 No. 609, eff. 10-1-06.Amended by, CR 23-039: am. (intro.), (9), cr. (9m) Register February 2024 No. 819, eff. 4/1/2024Amended by, 2023 Wis. Act 267: am. (9), cr. (9m) Register April 29 No. 820, eff. 1/1/2025; merger of (9), (9m) treatments by 2023 Wis. Act 267 and CR 23-039 made under s. 13.92 (4) (bm), Stats., Register April 29 No. 820