Consumer Protection Lemon Law; equitable relief

Tagged with: Civil Digest Consumer Protection Consumer Protection Digest Lemon Law WI Supreme Court Digest

Consumer Protection Payday loans; unconscionability

Tagged with: Civil Digest Consumer Protection Consumer Protection Digest WI Court of Appeals Digest

Consumer Protection Banking A borrower must suffer at least some actual injury or damage to sue under sec. 224.80(2) because a mortgage broker did not use the correct forms prepared by the DFI. “To read the statute as Avudria suggests, ...

Tagged with: Banking Consumer Protection Digest

Consumer Protection FDCPA; lessor’s agent A landlord’s agent is not a debt collector under the FDCPA. “We conclude that, although one usually ‘obtains’ a debt by purchasing it, this is not the only way to do so. A servicing agent ...

Tagged with: Consumer Protection Digest FDCPA

Certifications Consumer Protection Lemon Law; good faith; burden of proof Pursuant to Wis. Stat. Rule 809.61 (2009-10) this court certifies the appeal in this case to the Wisconsin Supreme Court for its review and determination. What is the proper burden ...

Tagged with: burden of proof Consumer Protection Digest Good faith Lemon Law

Consumer Protection Deceptive trade practices A manufacturer is not sufficiently likely to prevail in a deceptive trade practices claim against a corporation that publishes industry standards and guidelines to warrant a preliminary injunction. “Here, the gravamen of Thermal Design’s allegations ...

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Consumer Protection FDCPA The Fair Debt Collection Practices Act does not extend to communications meant to mislead a judge, rather than the consumer. “[W]when read in light of the Act’s purpose and numerous provisions, the prohibitions are clearly limited to ...

Tagged with: Consumer Protection Digest FDCPA

Consumer Protection FDCPA 15 U.S.C. 1692c(c) of the Fair Debt Collection Practices Act does not prohibit debt collectors from contacting a debtor’s legal counsel as well as the debtor himself, once the debtor refuses to pay. “Subsections (a) and (b) ...

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Consumer Protection TILA Regulation Z did not require Chase to provide McCoy with a change-in-terms notice before implementing the agreement term allowing it to raise his interest rate, up to a pre-set maximum, following delinquency or default. The Board has ...

Tagged with: Consumer Protection Digest TILA

Consumer Protection RESPA A qualified written request under RESPA need only identify the borrower, the account, and include a reasonably stated request for information. “RESPA does not require any magic language before a servicer must construe a written communication from ...

Tagged with: Consumer Protection Digest RESPA

Consumer Protection Lemon Law; attorney fees This case involves a challenge to the circuit court’s award of attorney’s fees. The appellant, Mark A. Kauffmann, argues that the circuit court erred by not determining that he was the prevailing party and ...

Tagged with: Attorney fees Consumer Protection Digest Lemon Law

Consumer Protection TILA It violates the Truth in Lending Act for a lender to have a borrower sign a postdated certificate stating he did not wish to rescind the loan. “First, by having plaintiff sign a post-dated form electing not ...

Tagged with: Consumer Protection Digest TILA

Consumer Protection TILA A misstatement on a mortgage must be material to entitle the borrower to rescission. “As to the district court’s similar conclusion that the Bontes conceded the validity of U.S. Bank’s arguments by failing to respond, they have ...

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Consumer Protection FDCPA; attorney fees Erik and Stacy Hanson appeal from orders granting their motion for summary judgment in part but denying them damages and attorney fees against the Madden Law Firm (MLF). MLF cross appeals the order determining that ...

Tagged with: Attorney fees Consumer Protection Digest FDCPA

Consumer Protection Home Improvement Practices Act; double damages Arthur J. Reeves appeals from a trial court judgment awarding Lawrence and Sally Rayner $100,000 in compensatory damages. The award stemmed from a stipulation dismissing the Rayners’ claims against Reeves for breach ...

Tagged with: Consumer Protection Digest