Wisconsin Statutes 422.419 – Waivers prohibited
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Terms Used In Wisconsin Statutes 422.419
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(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.