Wisconsin Statutes
Wis. Stat. § 224.80 (2026)
Penalties and private cause of action
✓ current as of July 2026
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224.80(1)(1) Penalties. A person who violates any provision of this subchapter or any rule promulgated under this subchapter may be fined not more than $25,000 or imprisoned for not more than 9 months or both. The district attorney of the county where the violation occurs shall enforce the penalty under this subsection on behalf of the state.
224.80(2)(2) Private cause of action. A person who is aggrieved by an act which is committed by a mortgage banker, mortgage loan originator, or mortgage broker in violation of any provision of this subchapter or of any rule promulgated under this subchapter may recover all of the following in a private action:
224.80(2)(a)1.1. Twice the amount of the cost of loan origination connected with the transaction, except that the liability under this subdivision may not be less than $100 nor greater than $25,000 for each violation.
224.80(2)(a)2.2. The actual damages, including any incidental and consequential damages, which the person sustained because of the violation.
224.80(2)(b)(b) The aggregate amount of costs and expenses which the court determines were reasonably incurred by the person in connection with the action, together with reasonable attorney fees, notwithstanding s. 814.04 (1).
224.80 HistoryHistory: 1987 a. 359; 1987 a. 403 ss. 182, 256; Stats. 1987 s. 440.80; 1989 a. 45; 1995 a. 27 s. 6602; Stats. 1995 s. 224.80; 1997 a. 145; 2003 a. 260; 2009 a. 2.
224.80 AnnotationA “person who is aggrieved” under sub. (2) is one who suffered at least some actual injury or damage. Avudria v. McGlone Mortgage Company, Inc. 2011 WI App 95, 334 Wis. 2d 480, 802 N.W.2d 524, 10-2032.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 2011–2022 · leading case: Avudria v. McGlone Mortg. Co., 2011 WI App 95 (Wis. Ct. App. 2011).
Avudria v. McGlone Mortg. Co., 2011 WI App 95 (Wis. Ct. App. 2011). “Avudria contends that the circuit court erred in concluding, as a matter of law, that Avudria was not a "person who [wa]s aggrieved" under Wis. Stat. § 224.80 (2) (2007-08), 1 when McGlone Mortgage Company, Inc.”
Terrance Moore v. Wells Fargo Bank, N.A., 908 F.3d 1050 (7th Cir. 2018). “Wis. Stat. § 224.80 (2) ; Diedrich , 839 F.”
Lofton v. Beneficial Fin. I Inc. (In re Lofton), 569 B.R. 747 (Bankr. W.D. Wis. 2017). “The Loftons assert these violations give rise to a -private remedy entitling them to damages under Wis. Stat. § 224.80 . Beneficial has filed a motion for summary judgment seeking dismissal of the adversary proceeding.”
Diedrich v. Ocwen Loan Servicing, LLC, 839 F.3d 583 (7th Cir. 2016). “Pursuant to Wis. Stat. § 224.80 (2), a person “aggrieved” by an act of a mortgage broker that is prohibited under Wisconsin Statute § 224.”
SJ Props. Suites v. Specialty Fin. Grp., LLC, 864 F. Supp. 2d 776 (E.D. Wis. 2012). “80(2), a private cause of action may be brought by “[a] person who is aggrieved by an act which is committed by a mortgage banker .”
US Bank NA v. Tamara D. Tellock (Wis. Ct. App. 2020). “§ 224.80, to recover damages for emotional distress.”
Jacobson v. Wells Fargo Bank, N.A. (Bankr. E.D. Wis. 2020). “Wis. Stat. §224.80 (2). Wells Fargo moved to dismiss the adversary proceeding.”
Terrance Moore v. Wells Fargo Bank, N.A. (7th Cir. 2018). “Wis. Stat. § 224.80 (2); Diedrich, 839 F.”
Hug, Kenneth v. Mr Cooper (W.D. Wis. 2020). “77 (1)(m) prohibits mortgage bankers, loan originators, brokers, or their agents from engaging in conduct that “constitutes improper, fraudulent, or dishonest dealing.”
Bank of N.Y. Mellon v. Bronson, 921 N.W.2d 17 (Wis. Ct. App. 2018). “§ 224.80, which creates a private cause of action for a "person who is aggrieved by an act which is committed by a mortgage banker, mortgage loan originator, or mortgage broker in violation of [ WIS.”
Bank of New York Mellon v. Gloria J. Bronson (Wis. Ct. App. 2022). “§ 224.80(2). ¶24 As discussed above, in the first appeal we reversed dismissal of a counterclaim on the basis that there was a dispute of material fact about whether the actions of the servicer violated WIS.”
— Wis. Stat. § 224.80(2) — 6 cases
Avudria v. McGlone Mortg. Co., 2011 WI App 95 (Wis. Ct. App. 2011). “Avudria contends that the circuit court erred in concluding, as a matter of law, that Avudria was not a "person who [wa]s aggrieved" under Wis. Stat. § 224.80 (2) (2007-08), 1 when McGlone Mortgage Company, Inc.”
SJ Props. Suites v. Specialty Fin. Grp., LLC, 864 F. Supp. 2d 776 (E.D. Wis. 2012). “80(2), a private cause of action may be brought by “[a] person who is aggrieved by an act which is committed by a mortgage banker .”
US Bank NA v. Tamara D. Tellock (Wis. Ct. App. 2020). “§ 224.80, to recover damages for emotional distress.”
Jacobson v. Wells Fargo Bank, N.A. (Bankr. E.D. Wis. 2020). “Wis. Stat. §224.80 (2). Wells Fargo moved to dismiss the adversary proceeding.”
Bank of New York Mellon v. Gloria J. Bronson (Wis. Ct. App. 2022). “§ 224.80(2). ¶24 As discussed above, in the first appeal we reversed dismissal of a counterclaim on the basis that there was a dispute of material fact about whether the actions of the servicer violated WIS.”
— Wis. Stat. § 224.80(2)(a)(l) — 1 case
SJ Props. Suites v. Specialty Fin. Grp., LLC, 864 F. Supp. 2d 776 (E.D. Wis. 2012). “80(2), a private cause of action may be brought by “[a] person who is aggrieved by an act which is committed by a mortgage banker .”
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