Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB464

Introduced
9/29/23  
Refer
9/29/23  
Report Pass
1/11/24  

Caption

Nonrecourse civil litigation advances and providing a penalty.

Impact

The bill restricts companies from imposing finance charges that exceed the prime interest rate plus 10 percent, thereby limiting the cost that consumers may face when entering nonrecourse agreements. It also mandates that consumers can prepay advances at any time, with a pro rata reduction in finance charges, enhancing consumer control over their financial obligations. Additionally, companies are prohibited from paying referral fees to attorneys or healthcare providers, which seeks to prevent potential conflicts of interest and ensure that consumers receive unbiased advice.

Summary

Senate Bill 464 introduces regulations governing nonrecourse civil litigation advances, aimed at providing a structured framework for companies offering these financial products. A nonrecourse civil litigation advance is defined as a transaction where a company provides a cash payment in exchange for the right to a portion of any settlement or award the consumer may receive in a legal action. This bill establishes key provisions that ensure transparency and fairness in these transactions, requiring that all such agreements be documented in writing and adhere to specific financial criteria.

Contention

Debate surrounding SB464 is anticipated, primarily revolving around concerns over consumer protection and the potential implications for access to legal funding. Proponents argue that these regulations are vital to protect consumers from predatory lending practices commonly associated with unregulated litigation financing. Critics, however, may contend that overly stringent regulations could limit access to necessary funding for individuals pursuing legitimate legal claims, potentially disadvantaging those who lack immediate financial resources. The bill represents a significant shift in state law regarding the financial landscape of civil litigation.

Companion Bills

No companion bills found.

Previously Filed As

WI AB464

Nonrecourse civil litigation advances and providing a penalty.

WI HB05419

An Act Concerning Nonrecourse Civil Litigation Purchase Agreements.

WI HB224

AN ACT relating to nonrecourse consumer legal funding.

WI HB489

AN ACT relating to nonrecourse consumer legal funding.

WI SB148

AN ACT relating to nonrecourse consumer legal funding.

WI SB19

Regards non-recourse civil litigation advance business

WI SB579

Regulating earned wage access services, granting rule-making authority, and providing a penalty. (FE)

WI AB574

Regulating earned wage access services, granting rule-making authority, and providing a penalty. (FE)

WI HB1160

Civil proceeding advance payment contracts and commercial litigation financing.

WI H1861

Providing transparency in third party litigation financing

Similar Bills

KY HB489

AN ACT relating to nonrecourse consumer legal funding.

KY SB148

AN ACT relating to nonrecourse consumer legal funding.

KY HB224

AN ACT relating to nonrecourse consumer legal funding.

WI AB464

Nonrecourse civil litigation advances and providing a penalty.

CT HB05419

An Act Concerning Nonrecourse Civil Litigation Purchase Agreements.

MS HB1123

Delivery of payment services; regulate.

MO SB586

Regulates earned wage access services

TX HB3827

Relating to the regulation of earned wage access services; requiring an occupational license; providing an administrative penalty; imposing fees.