SB275,4,3 2100.55 Furnishing or using certain consumer loan information to
3make solicitations. (1) In this section:

SB275,4,44 (a) "Consumer" has the meaning given in 15 USC 1681a (c).

SB275,4,55 (b) "Consumer report" has the meaning given in 15 USC 1681a (d).

SB275,4,66 (c) "Consumer reporting agency" has the meaning given in 15 USC 1681a (f).

SB275,4,77 (d) "Lender" means any of the following:

SB275,4,88 1. A financial institution, as defined in s. 214.01 (1) (jn).

SB275,4,99 2. A finance company licensed under ss. 138.09 or 218.0101 to 218.0163.

SB275,4,1110 3. A mortgage banker, loan originator, or mortgage broker registered under s.
11224.72.

SB275,4,1312 4. Any other person, not identified in subds. 1. to 3., the primary business of
13which is to make loans or engage in lending activities in this state.

SB275,4,1514 (e) "Nonaffiliated 3rd party" means a person that is not related by common
15ownership or affiliated by common corporate control.

SB275,4,1616 (f) "Person" has the meaning given in 15 USC 1681a (b).

SB275,5,417 (g) "Personal financial data provider" means any person, other than a
18consumer reporting agency, that regularly engages in whole or in part in the practice
19of assembling and furnishing to 3rd parties, for a fee or payment of dues, the identity

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1of particular consumers and financial information relating to such consumers that
2is not generally available to the public, including information derived from any
3application by these consumers for an extension of credit or other nonpublic personal
4information, as defined in 15 USC 6809 (4), relating to these consumers.

SB275,5,105 (h) "Prescreened consumer report" means a consumer report furnished by a
6consumer reporting agency under authority of 15 USC 1681b (a) (3) (A) and (c) (1)
7(B) to a person that the consumer reporting agency has reason to believe intends to
8use the information in connection with any credit transaction that involves the
9consumer on whom the information is to be furnished and that is not initiated by this
10consumer.

SB275,5,1311 (i) "Trigger lead" means information relating to a consumer that is furnished
12by a consumer reporting agency or personal financial data provider to a nonaffiliated
133rd party if all of the following apply:

SB275,5,1914 1. The consumer has applied to a lender, other than the 3rd party to whom the
15information is furnished, for an extension of credit and the lender has provided the
16consumer's credit application, or information derived from or related to the
17consumer's credit application, to a consumer reporting agency or personal financial
18data provider for purposes of obtaining a consumer report or otherwise evaluating
19or rating the consumer's creditworthiness.

SB275,5,2220 2. The information furnished to the 3rd party includes the consumer's name
21and address or telephone number, or other information that allows the 3rd party to
22identify the consumer.

SB275,6,223 3. The information furnished to the 3rd party contains, with respect to the
24extension of credit for which the consumer has applied under subd. 1., any
25identification of the amount of credit for which the consumer has applied or any other

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1information that is related to the terms and conditions of credit for which the
2consumer has applied and that is not generally available to the public.

SB275,6,53 4. The consumer has not authorized the consumer reporting agency or personal
4financial data provider to provide the information to the 3rd party and has not
5initiated any credit transaction with the 3rd party.

SB275,6,96 (j) "Solicit" means the initiation of a communication to a consumer for the
7purpose of encouraging the consumer to purchase property, goods, or services or
8apply for an extension of credit. "Solicit" does not include communications initiated
9by the consumer or directed to the general public.

SB275,6,13 10(2) (a) If any trigger lead is not a prescreened consumer report, no person may
11furnish the trigger lead to a nonaffiliated 3rd party unless the person reasonably
12believes that the 3rd party will not use the trigger lead to solicit any consumer
13identified in the trigger lead.

SB275,6,2114 (b) Any person that furnishes a trigger lead described in par. (a) to a
15nonaffiliated 3rd party shall establish and maintain procedures to reasonably
16ensure that the trigger lead will not be used to solicit any consumer identified in the
17trigger lead. These procedures shall include requiring any person that obtains a
18trigger lead described in par. (a) to identify the user of the trigger lead and to certify,
19in a manner similar to that required under 15 USC 1681e (a), the purpose for which
20the trigger lead is obtained and that the person will not use the trigger lead to solicit
21any consumer identified in the trigger lead.

SB275,6,2322 (c) No person that obtains a trigger lead described in par. (a) may use the trigger
23lead to solicit any consumer identified in the trigger lead.

SB275,7,2 24(3) (a) If any trigger lead is a prescreened consumer report, a person that
25obtains a trigger lead and uses the trigger lead to solicit any consumer identified in

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1the trigger lead may not utilize unfair or deceptive practices in soliciting the
2consumer.

SB275,7,43 (b) For purposes of this subsection, unfair or deceptive practices include all of
4the following:

SB275,7,75 1. Failure to state in the initial phase of the solicitation that the person
6soliciting is not the lender, and is not affiliated with the lender, to which the
7consumer has applied for an extension of credit.

SB275,7,98 2. Failure in the initial solicitation to comply with any applicable requirement
9under 15 USC 1681b (a), (c), (e), and (f), 1681e (a), and 1681m (d).

SB275,7,1410 3. Knowingly or negligently utilizing information regarding consumers who
11have made an election under 15 USC 1681b (e) to be excluded from prescreened
12consumer reports, who have registered their telephone numbers on the national
13do-not-call registry as provided in 47 CFR 64.1200, or who are listed in the
14nonsolicitation directory under s. 100.52 (2).

SB275,7,1715 4. Soliciting consumers with offers of certain rates, terms, and costs, with
16intent to subsequently raise the rates or change the terms to the consumers'
17detriment.

SB275,7,1918 5. Making false or misleading statements in connection with a credit
19transaction that is not initiated by the consumer.

SB275,7,21 20(4) (a) Any person who violates sub. (2) or (3) may be required to forfeit not less
21than $100 nor more than $1,000 for each violation.

SB275,7,2322 (b) The department shall investigate violations of this section. The
23department, the attorney general, or any district attorney may on behalf of the state:

SB275,8,324 1. Bring an action for temporary or permanent injunctive or other relief for any
25violation of this section. In such an action for injunctive relief, irreparable harm is

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1presumed. The court may, upon entry of final judgment, award restitution when
2appropriate to any person suffering loss because of a violation of this section if proof
3of such loss is submitted to the satisfaction of the court.

SB275,8,54 2. Bring an action in any court of competent jurisdiction for the penalties
5authorized under par. (a).

SB275,8,116 (c) In addition to any other remedies, any person aggrieved by a violation of sub.
7(2) or (3) may bring a civil action for damages. In such an action, any person who
8violates sub. (2) or (3) shall be liable for twice the amount of actual damages caused
9by the violation or $500, whichever is greater, and, notwithstanding s. 814.04 (1), the
10costs of the action, including reasonable attorney fees. In such an action, the court
11may also award any equitable relief that the court determines is appropriate.