By: Derek Hawkins//May 22, 2019//
WI Supreme Court
Case Name: Security Finance v. Brian Kirsch
Case No.: 2019 WI 42
Focus: Wisconsin Consumer Act Violation
This is a review of an unpublished decision of the court of appeals, Security Finance v. Kirsch, No. 2017AP1408, unpublished slip op. (Wis. Ct. App. Apr. 11, 2018), affirming the Washington County circuit court’s order. The order granted Security Finance’s (“Security”) motion to dismiss Brian Kirsch’s (“Kirsch”) counterclaims against Security arising under Wis. Stat. chs. 425 and 427 (2015-16). The court of appeals affirmed the circuit court, concluding that Kirsch’s counterclaims were properly dismissed.
This court must consider whether a debtor who has been sued on a consumer credit transaction without first receiving a notice of right to cure default under ch. 425 may sue the creditor for damages under ch. 427, the Wisconsin Consumer Act (“WCA”). We conclude that a creditor’s failure to provide such notice does not constitute a sufficient basis for relief under ch. 427. As a result, Kirsch’s counterclaims were properly dismissed, and we affirm the court of appeals.
Affirmed
Concur:
Dissent: