Wisconsin Consumer Protection Laws Quiz

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Questions and Answers

What are the two main purposes of the Fair Credit Reporting Act (FCRA) as mentioned in the text?

Promoting credit bureaus' power and influence in the financial industry

Enforcing debt collection procedures and ensuring fair treatment of creditors

Regulating the interest rates on credit cards and providing financial assistance to individuals

Providing people a means to see their credit reports and a mechanism to make changes for errors on the report (correct)

What is the major factor that contributed to the power of credit bureaus, as discussed in the text?

Government regulations favoring credit bureaus

Lack of access and lack of accountability to customers or fiduciary duty (correct)

Extensive marketing and advertising campaigns

Highly trained and skilled workforce

What problem did the Fair Credit Reporting Act (FCRA) aim to address?

Privacy issues and potential abuses such as untrue reports of delinquency (correct)

Inadequate credit reporting by bureaus

Overregulation of the credit industry

Unfair treatment of creditors by debtors

What is the consequence of money going to the owners of a business, as mentioned in the text?

It is not protected in bankruptcy Signup and view all the answers

What type of invasion of privacy is alleged in the case of Poston v. Burns?

Intrusion in a place Signup and view all the answers

Which type of information is not considered private for the purposes of invasion of privacy?

Religious affiliation alone Signup and view all the answers

What are the remedies for violating the right to privacy in Wisconsin?

Equitable relief, compensatory damages, and recoverable attorney’s fees Signup and view all the answers

What does Wisconsin Statute § 995.50 outline the right to privacy?

Protection from intrusion, use of name or picture for advertising, publicity of private matters, and representations depicting nudity Signup and view all the answers

What did the lower court rule in the case of Poston v. Burns?

Against the plaintiffs Signup and view all the answers

What does the right to privacy law not affect?

The duties of custodians of public records under s. 19.21 Signup and view all the answers

What is necessary to establish for a 'place' invasion of privacy?

That the location is one that a reasonable person would consider private or is actionable for trespass Signup and view all the answers

What does disclosure of private information to a small group or even a single person satisfy?

The publicity element of an invasion of privacy claim Signup and view all the answers

What was the focus of the trial in the case of Poston v. Burns?

(a) - intrusion in a place Signup and view all the answers

What would constitute a 'place' violation in the context of invasion of privacy?

The recording device being in the harasser's home, rather than the harassed party's home Signup and view all the answers

What is not codified and is an evolving concept?

Federal right to privacy Signup and view all the answers

What alone is not considered private for the purposes of invasion of privacy?

Religious affiliation Signup and view all the answers

Under the Fair Credit Reporting Act (FCRA), what does the act focus on?

Confidentiality, accuracy, relevancy, and proper utilization of credit information Signup and view all the answers

Which case led to the elimination of usury laws in many states?

Marquette Nat. Bank of Minneapolis v. First of Omaha Signup and view all the answers

What does the Wisconsin Consumer Act (WCA) regulate?

Merchant debt collection conduct and certain disclosures to consumers Signup and view all the answers

When does the WCA apply to a transaction?

When there is a consumer contracting with a merchant for personal, family, or household purposes, involving property, services, or credit Signup and view all the answers

In Wisconsin, can a creditor seek to collect from a spouse of the debtor?

Yes, due to the state being a marital property state Signup and view all the answers

According to Kett v. Community Credit Plan, does intent need to be proven for a WCA violation?

No, intent does not need to be proven for a WCA violation Signup and view all the answers

Is there a specific limit on the number of times a creditor can contact a debtor without violating the WCA?

No, but approximately one call per week is considered acceptable Signup and view all the answers

What must a creditor do under the WCA when a debt is reported to a credit reporting agency?

Report the debt as disputed Signup and view all the answers

What can a debtor recover for a WCA violation?

Actual damages, emotional distress damages, and statutory damages Signup and view all the answers

Can a debtor recover reasonable attorney’s fees for a WCA violation by the creditor?

Yes, a debtor can recover reasonable attorney’s fees for a WCA violation Signup and view all the answers

In Wisconsin, can invasion of privacy be the basis for a lawsuit?

Yes, invasion of privacy can be the basis for a lawsuit in Wisconsin Signup and view all the answers

Study Notes

Consumer Protection Laws in Wisconsin

The Fair Credit Reporting Act (FCRA) focuses on confidentiality, accuracy, relevancy, and proper utilization of credit information.
Usury laws, which regulate interest rates, have been eliminated in many states due to the Marquette Nat. Bank of Minneapolis v. First of Omaha case.
The Wisconsin Consumer Act (WCA) is the only state statute in the country for the citizens of Wisconsin, regulating merchant debt collection conduct and requiring certain disclosures to consumers.
The WCA applies to a transaction when there is a consumer contracting with a merchant for personal, family, or household purposes, involving property, services, or credit.
In Wisconsin, a creditor can seek to collect from a spouse of the debtor due to the state being a marital property state.
Intent does not need to be proven for a WCA violation, according to Kett v. Community Credit Plan.
There is no specific limit on the number of times a creditor can contact a debtor without violating the WCA, but approximately one call per week is considered acceptable.
Under the WCA, a creditor must report a debt as disputed when it is reported to a credit reporting agency, and failure to do so is a violation.
A debtor can recover actual damages, emotional distress damages, and statutory damages for a WCA violation, including at least $100 as a penalty.
A debtor can recover reasonable attorney’s fees for a WCA violation by the creditor.
Invasion of privacy can be the basis for a lawsuit in Wisconsin, and the state has specific statutes covering four types of invasion of privacy.
The right to privacy is not explicitly mentioned in the U.S. Constitution, but the Court has interpreted many amendments as establishing a federal right to privacy.

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Description

Test your knowledge of consumer protection laws in Wisconsin with this quiz. Explore topics such as the Fair Credit Reporting Act, usury laws, the Wisconsin Consumer Act, creditor-debtor relationships, and invasion of privacy statutes in the state.