Wisconsin Statutes

Wis. Stat. § 422.419 (2026)

Waivers prohibited

✓ current as of July 2026

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422.419422.419 Waivers prohibited.

422.419(1)(1) No contract evidencing a consumer credit transaction may contain any provision by which:

422.419(1)(a)(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;

422.419(1)(b)(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

422.419(1)(c)(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.

422.419(2)(2) A violation of this section is subject to s. 425.304.

422.419 HistoryHistory: 1971 c. 239; 1991 a. 316.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2022 · leading case: Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022).

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Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). · cites it 20× “206 (2)(b); another part of the Wisconsin Consumer Act, Wis. Stat. § 422.419 (1)(a); and an administrative rule interpreting § 422.”

Danelle Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54 (Wis. Ct. App. 2020). · cites it 18× “Section 422.419 is entitled “Waivers Prohibited,” and it identifies certain provisions that merchants are not allowed to include in any contract for consumer credit.”

— Wis. Stat. § 422.419(1)(a) — 2 cases

Danelle Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54 (Wis. Ct. App. 2020). “Section 422.419 is entitled “Waivers Prohibited,” and it identifies certain provisions that merchants are not allowed to include in any contract for consumer credit.”

Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “206 (2)(b); another part of the Wisconsin Consumer Act, Wis. Stat. § 422.419 (1)(a); and an administrative rule interpreting § 422.”

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