Civil Procedure – Personal jurisdiction

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Wisconsin Court of Appeals

Civil

Civil Procedure – Personal jurisdiction

Advertisements on third party web sites and phone conversation do not meet the minimum contacts requirement and therefore are insufficient to establish personal jurisdiction.

“Consistent with the Hy Cite court’s observation in that case, Fidelity’s advertisements on its own website, cars.com, or other third-party sites represent merely potential contacts with the state of Wisconsin. See Hy Cite, 297 F. Supp. 2d at 1161. Significantly, Carlson has neither alleged nor shown facts suggesting Fidelity targeted Wisconsin residents with its Internet advertisements any more than any other state’s residents; instead, the advertisements were ‘accessible to everyone regardless of location.’ See id.; see also Reno v. American Civil Liberties Union, 521 U.S. 844, 851 (1997) (observing that ‘cyberspace’ may be accessed by anyone, located anywhere, who has an Internet connection). There is no evidence suggesting Fidelity sent unsolicited communications into Wisconsin or advertised for any of the relevant websites within Wisconsin. See Hy Cite, 297 F. Supp. 2d at 1164. Moreover, Fidelity does not control who views or responds to its own website or those of third parties. See id.; Riverside, 362 S.W.3d at 654. Further, the two phone calls between Carlson and Fidelity—one from and one to Carlson’s wife’s cell phone—do not constitute significant contact by Fidelity with Wisconsin, as they amounted to no more than five minutes of conversation and were initiated by Carlson. See Hy Cite, 297 F. Supp. 2d at 1164; Marschke, 743 N.W.2d at 410; see also Johnson Litho, 344 Wis. 2d 374, ¶¶21, 28 (which party initiates contact for a business relationship is relevant in determining whether sufficient minimum contacts with the forum state have been established).

Affirmed.

Recommended for publication in the official reports.

2014AP695 Carlson v. Fidelity Motor Group, LLC

Dist. II, Ozaukee County, Malloy, J., Gundrum, J.

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