Wisconsin Administrative Code
Department of Safety and Professional Services
SPS 400 - Educational Approval
Chapter SPS 406 - Enrollment
Section SPS 406.04 - Claims and defenses
Universal Citation: WI Admin Code ยง SPS 406.04
Current through February 26, 2024
(1) Every assignee of an enrollment agreement takes it subject to all claims and defenses of the student or successors in interest under the enrollment agreement. (s. 440.52(7) (d), Stats.)
(2) No school may enter into any enrollment agreement in which the student waives the right to assert against the school or any assignee any claim or defense the student may have against the school arising under the enrollment agreement. Any provision in an enrollment agreement by which the student agrees to a waiver is void.
(3)
(a) No
school may use a promissory note or instrument, other than a check, unless it
bears the following statement in contrasting boldface type: This is an
enrollment agreement instrument and is non-negotiable. Every holder takes it
subject to all other claims and defenses of the maker or obligor.
(b) Compliance with requirements of federal
and state statutes, regulations and rules governing the form of notice of
preservation of consumers' claims and defenses shall be deemed to satisfy the
requirements of par. (a).
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