Wisconsin Statutes

Wis. Stat. § 421.201 (2026)

Territorial application

✓ current as of July 2026

Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

421.201421.201 Territorial application.

421.201(1)(1) Except as otherwise provided in this section, chs. 421 to 427 apply to consumer transactions made in this state and to modifications including refinancings, consolidations and deferrals, made in this state, of consumer credit transactions wherever made.

421.201(2)(2) For the purposes of chs. 421 to 427, a consumer transaction or modification of a consumer transaction is made in this state if:

421.201(2)(a)(a) A writing signed by the customer and evidencing the obligation or an offer of the customer is received by the merchant in this state; or

421.201(2)(b)(b) The merchant induces the customer who is a resident of this state to enter into the transaction by face-to-face solicitation or by mail or telephone solicitation directed to the particular customer in this state.

421.201(3)(3) With respect to a transaction pursuant to an open-end credit plan, chs. 421 to 427 apply if the customer is a resident of this state and the open-end creditor or a merchant honoring a credit card issued by the open-end creditor, is a resident of this state or furnishes, mails or delivers the goods, services or credit to a resident of this state while the customer is within this state or receives a writing signed by the customer and evidencing the transaction in this state.

421.201(4)(4) Chapter 427 applies to any debt collection activity in this state, including debt collection by means of mail or telephone communications directed to customers in this state.

421.201(5)(5) Subchapters I and II of ch. 425, relating to creditors’ remedies, including applicable penalties, apply to actions or other proceedings brought in this state to enforce rights arising from consumer transactions or extortionate extensions of credit, wherever made, but conduct, action or proceedings to recover collateral or goods subject to a motor vehicle consumer lease shall be governed by the law of the state where the collateral or goods subject to a motor vehicle consumer lease are located at the time of recovery unless the collateral or goods subject to a motor vehicle consumer lease are owned by a Wisconsin resident, who has removed the collateral or goods from this state only for purposes of transportation to or use in the resident’s employment or for temporary periods which do not exceed 15 days.

421.201(6)(6) If a consumer transaction, or modification thereof, is made in another state with a customer who is a resident of this state when the transaction or modification is made, the following provisions apply as though the transaction occurred in this state:

421.201(6)(a)(a) A creditor, or assignee of the creditor’s rights, may collect through actions or other proceedings charges only to the extent permitted by ch. 422; and

421.201(6)(b)(b) A merchant may not enforce rights against the customer to the extent that the provisions of the agreement violate subch. IV of ch. 422 or ch. 423.

421.201(7)(7) Except as provided in sub. (4) or (5), a consumer transaction or modification thereof, made in another state with a customer who was not a resident of this state when the consumer transaction or modification was made, is valid and enforceable in this state according to its terms to the extent that it is valid and enforceable under the laws of the state applicable to the transaction.

421.201(8)(8) For the purposes of chs. 421 to 427, the residence of a customer is the address given by the customer as his or her residence in any writing signed by the customer in connection with a consumer transaction. The given address is presumed to be unchanged until the merchant knows or has reason to know of a new or different address.

421.201(9)(9) Notwithstanding other provisions of this section:

421.201(9)(a)(a) Except as provided in sub. (4) or (5), chs. 421 to 427 do not apply if the customer is not a resident of this state at the time of a consumer transaction and the parties then agree that the law of his or her residence applies; and

421.201(9)(b)(b) Chapters 421 to 427 apply if the customer is a resident of this state at the time of a consumer transaction and the parties then agree that the law of this state applies.

421.201(10)(10) Except as provided in sub. (9), the following terms of a writing executed by a customer are invalid with respect to consumer transactions, or modifications thereof, to which chs. 421 to 427 apply:

421.201(10)(a)(a) That the law of another state shall apply;

421.201(10)(b)(b) That the customer consents to the jurisdiction of another state; and

421.201(10)(c)(c) That fixes venue.

421.201 HistoryHistory: 1971 c. 239; 1975 c. 407, 421; 1979 c. 89; 1991 a. 316; 1995 a. 329.

421.201 AnnotationNotwithstanding sub. (5), s. 425.206 governed repossession outside of the state when a contract provided for enforcement under the “internal law” of Wisconsin. First Wisconsin National Bank of Madison v. Nicolaou, 85 Wis. 2d 393, 270 N.W.2d 582 (Ct. App. 1978).

421.201 AnnotationSub. (10) (a) bars any provision mandating application of the law of another state with respect to a consumer transaction to which chs. 421 to 427 apply. All of chs. 421 to 427 need not be applicable for the choice-of-law prohibition to apply. As long as some portion of the Wisconsin Consumer Act is applicable, no choice-of-law provisions are effective. Credit Acceptance Corp. v. Kong, 2012 WI App 98, 344 Wis. 2d 259, 822 N.W.2d 506, 11-0476.

421.201 AnnotationA corporation that repossessed the vehicle outside of the state was not subject to the Wisconsin police power. Patrin v. Chrysler Credit Corp., 530 F. Supp. 736 (1982).

421.201 AnnotationThe Wisconsin Consumer Act: Territorial Considerations. Anzivino. 96 MLR 833 (2013).

421.201 AnnotationThe Wisconsin Consumer Act: Consumer Credit Sales, Consumer Leases, Open-End Credit Plans, and Exclusions. Anzivino. 97 MLR 55 (2013).

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1975–2026 · leading case: Credit Acceptance Corp. v. Chao Kong, 2012 WI App 98 (Wis. Ct. App. 2012).

Sort: Relevance Newest Treatment

Credit Acceptance Corp. v. Chao Kong, 2012 WI App 98 (Wis. Ct. App. 2012). · cites it 13× “Kong and Her claim the WCA applies by virtue of Wis. Stat. § 421.201 (5), which makes certain portions *264 of the WCA applicable to "actions or other proceedings brought in this state to enforce rights arising from consumer transactions.”

Wisconsin Auto Title Loans, Inc. v. Jones, 2006 WI 53 (Wis. 2006). · cites it 4× “Paragraph 10 on the back of the loan agreement states that the agreement shall be governed by the laws of Wisconsin including the conflict of laws provision contained in Wis. Stat. § 421.201 (5), which provides that the proceedings to recover collateral shall be governed by the…”

Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). · cites it 2× “§ 421.201(6)(b), consistent with Wis. Stat.”

Coady v. Cross Country Bank, Inc., 2007 WI App 26 (Wis. Ct. App. 2007). · cites it 3× “Just as the Wisconsin Fair Dealership Law expressly provides that it cannot be varied by contract or agreement and that an attempt at such variation is unenforceable, see Wis.”

Herrell v. Chase Bank USA, N.A., 218 F. Supp. 3d 788 (E.D. Wis. 2016). · cites it 2× “Herrell argues in response, however, that the choice of law provision of the cardmember agreement is void under the Wisconsin Consumer Act, Wis. Stat. § 421.201 . Chase counters that the Wisconsin Consumer Act does not apply.”

Patrin v. Chrysler Credit Corp., 530 F. Supp. 736 (W.D. Wis. 1982). · cites it 7× “§ 421.201. As amended, subsection (5) of § 421.”

Strohbehn v. Access Grp. Inc., 292 F. Supp. 3d 819 (E.D. Wis. 2017). · cites it 2× “Wis. Stat. § 421.201 (10)(a). Access counters that the WCA does not apply to consumer credit transactions exceeding $25,000.”

Danelle Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54 (Wis. Ct. App. 2020). · cites it 2× “§ 421.201(8), which provides that “the residence of the customer is the address given by the customer as his or her residence in any writing signed by the customer in connection with a consumer transaction,” and that the “given address is presumed to be unchanged until the…”

Cottonwood Fin., Ltd. v. Estes, 2012 WI App 12 (Wis. 2012). · cites it 2× “See Wis. Stat. § 421.201 (10)(c). ¶ 24. Additionally, although Estes argues the venue provision is "contrary to" and "violate [s]" the Consumer Act, she has not developed an argument that this violation makes the arbitration agreement substantively unconscionable.”

Cottonwood Fin., Ltd. v. Estes, 2010 WI App 75 (Wis. Ct. App. 2010). · cites it 4× “Further, neither party addresses Wis. Stat. § 421.201 (10)(c), 6 which specifically renders invalid any provision "[t]hat fixes venue" in a consumer contract.”

Walser Leasing, Inc. v. Simonson, 355 N.W.2d 545 (Wis. Ct. App. 1984). · cites it 5× “4 Section 421.201(10) (a), Stats., provides in part: [T]he following terms of a writing executed by a customer are invalid with respect to consumer transactions, or modifications thereof, to which chs.”

Koble Investments v. Elicia Marquardt (Wis. 2026). · cites it 6× “§ 421.201(1). Under WIS. STAT. § 421.301(13), a “consumer transaction” must involve a “customer,” which is defined as “a person .”

Show all 17 citing cases →

— Wis. Stat. § 421.201(1) — 1 case

Koble Investments v. Elicia Marquardt (Wis. 2026). “§ 421.201(1). Under WIS. STAT. § 421.301(13), a “consumer transaction” must involve a “customer,” which is defined as “a person .”

— Wis. Stat. § 421.201(10) — 1 case

Walser Leasing, Inc. v. Simonson, 355 N.W.2d 545 (Wis. Ct. App. 1984). “4 Section 421.201(10) (a), Stats., provides in part: [T]he following terms of a writing executed by a customer are invalid with respect to consumer transactions, or modifications thereof, to which chs.”

— Wis. Stat. § 421.201(10)(a) — 2 cases

Coady v. Cross Country Bank, Inc., 2007 WI App 26 (Wis. Ct. App. 2007). “Just as the Wisconsin Fair Dealership Law expressly provides that it cannot be varied by contract or agreement and that an attempt at such variation is unenforceable, see Wis.”

Credit Acceptance Corp. v. Chao Kong, 2012 WI App 98 (Wis. Ct. App. 2012). “Kong and Her claim the WCA applies by virtue of Wis. Stat. § 421.201 (5), which makes certain portions *264 of the WCA applicable to "actions or other proceedings brought in this state to enforce rights arising from consumer transactions.”

— Wis. Stat. § 421.201(2) — 1 case

— Wis. Stat. § 421.201(5) — 3 cases

Patrin v. Chrysler Credit Corp., 530 F. Supp. 736 (W.D. Wis. 1982). “§ 421.201. As amended, subsection (5) of § 421.”

Wisconsin Auto Title Loans, Inc. v. Jones, 2005 WI App 86 (Wis. Ct. App. 2005).

— Wis. Stat. § 421.201(6)(b) — 1 case

Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). “§ 421.201(6)(b), consistent with Wis. Stat.”

— Wis. Stat. § 421.201(8) — 1 case

Danelle Duncan v. Asset Recovery Specialists, Inc., 2020 WI App 54 (Wis. Ct. App. 2020). “§ 421.201(8), which provides that “the residence of the customer is the address given by the customer as his or her residence in any writing signed by the customer in connection with a consumer transaction,” and that the “given address is presumed to be unchanged until the…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.