The Wisconsin Consumer Act

The Wisconsin Consumer Act (WCA) governs the conduct of merchants and lenders in Wisconsin for certain types of consumer transactions and collection actions. The WCA defines illegal collection actions to prohibit creditor harassment.

Illegal Collection Actions

Under Section 427.104 of the Wisconsin Consumer Act, a debt collector is prohibited from engaging in the following:

  • Use force or threaten to use force or violence to cause physical harm;
  • Threaten criminal prosecution;
  • Disclose or threaten to disclose information adversely affecting the customer’s reputation for credit worthiness if they know the information is false;
  • Disclose or threaten to disclose information concerning the existence of a debt known to be reasonably disputed by the customer without disclosing the fact that the customer is disputing the debt;
  • Communicate with the customer or person related to the customer with such frequency or at such unusual hours or in such a manner that can be reasonably expected to threaten or harass the customer;
  • Engage in other conduct which can reasonably be expected to threaten or harass the customer or a person related to the customer;
  • Use obscene or threatening language in communicating with the customer or a person related to the customer;
  • Claim or attempt or threaten to enforce a right with knowledge or reason to know that the right does not exist;
  • Use a communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency or attorney at law when it is not;
  • Threaten action against the customer unless this kind of action is taken in the regular course or is intended with respect to the particular debt.

A debt collector who violates these provisions can be held liable for statutory damages of at least $100 or as much as $1,000 per violation plus actual damages which can include emotional distress or mental anguish, and attorneys fees and costs.

Choosing whether to sue in state or federal court is an important decision. If you believe you have been harmed under this statute, please contact Maxwell Attorneys LLC right away for a free consultation. Call 414-727-0123 today to learn how we’re prepared to defend the rights of Southeastern Wisconsin residents.