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Consumer Protection – WCA — attorney fees — prevailing party
By: WISCONSIN LAW JOURNAL STAFF//February 28, 2013
Consumer Protection – WCA — attorney fees — prevailing party
By: WISCONSIN LAW JOURNAL STAFF//February 28, 2013
Wisconsin Court of Appeals
Civil
Consumer Protection – WCA — attorney fees — prevailing party
Credit Acceptance Corporation (CAC) appeals a judgment awarding Steven and Kristie Shepherd attorney fees pursuant to Wis. Stat. § 425.308 (2011-12), the fee shifting provision of the Wisconsin Consumer Act. CAC argues that the Shepherds were not prevailing parties under the Act because (1) the circuit court made no finding of a violation of the Act and (2) CAC’s failure to attach a copy of the contract to the complaint as required by Wis. Stat. § 425.109(1)(h) does not constitute a violation of the Act. We disagree and affirm the judgment. This opinion will not be published.
2011AP2249 Credit Acceptance Corp. v. Shepherd
Dist IV, Iowa County, Leineweber, J., Per Curiam
Attorneys: For Appellant: Heiser, Edward J., Jr., Milwaukee; Lawless, Lisa M., Milwaukee; For Respondent: Crandall, Eric L., New Richmond
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