Consumer Protection – WCA — attorney fees — prevailing party

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 This opinion will not be published.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