Wis. Admin. Code Department of Safety and Professional Services SPS 406.04

Current through November 25, 2024
Section SPS 406.04 - Claims and defenses
(1) Every assignee of an enrollment agreement takes it subject to all claims and defenses of the student or successors in interest under the enrollment agreement. (s. 440.52(7) (d), Stats.)
(2) No school may enter into any enrollment agreement in which the student waives the right to assert against the school or any assignee any claim or defense the student may have against the school arising under the enrollment agreement. Any provision in an enrollment agreement by which the student agrees to a waiver is void.
(3)
(a) No school may use a promissory note or instrument, other than a check, unless it bears the following statement in contrasting boldface type: This is an enrollment agreement instrument and is non-negotiable. Every holder takes it subject to all other claims and defenses of the maker or obligor.
(b) Compliance with requirements of federal and state statutes, regulations and rules governing the form of notice of preservation of consumers' claims and defenses shall be deemed to satisfy the requirements of par. (a).

Wis. Admin. Code Department of Safety and Professional Services SPS 406.04

Renumbered from Chapter EAB 6 by, Cr. Register, December, 1972, No. 204, eff. 1-1-73; renum. from EAB 5.03 and am., Register, December, 1980, No. 300, eff. 1-1-81; renum from 6.05, Register, October, 1997, No. 502, eff. 12-1-97; correction in (1) made under s. 13.93(2m) (b) 7, Stats., Register January 2013 No. 685; correction in (1) made under s. 13.92(4) (b) 7, Stats., Register November 2017 No. 743, eff. 12/1/2017