Wisconsin Consumer Act – Summary Judgment

By: Derek Hawkins//November 30, 2021//

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WI Court of Appeals – District III

Case Name: Jeanne Fransway v. Markquart Automotive Inc.,

Case No.: 2020AP2035

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Wisconsin Consumer Act – Summary Judgment

Jeanne Fransway appeals a summary judgment dismissing her claims against Markquart Automotive Inc. for violations of the Wisconsin Consumer Act (“WCA”), WIS. STAT. chs. 421-427 (2019-20). To prevail on her claims, Fransway needed to establish that Markquart was acting as a “debt collector,” as that term is used in WIS. STAT. § 427.104. We conclude the undisputed facts establish that Markquart was not acting as a “debt collector,” and we therefore affirm the circuit court’s grant of summary judgment in favor of Markquart.

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Derek A Hawkins is Corporate Counsel, at Salesforce.