Wisconsin Statutes
Wis. Stat. § 425.108 (2026)
Extortionate extensions of credit
✓ current as of July 2026
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425.108(1)(1) If it is the understanding of the creditor and the customer during any time that an extension of credit is outstanding, that delay in making repayment could result in the use of violence to cause harm to the person or property of any person, the extension of credit shall be unenforceable in accordance with s. 425.305 and the customer shall additionally recover triple the penalty provided in s. 425.304 (1).
425.108(2)(2) If it is shown that an extension of credit was made at an annual rate exceeding that permitted by or referred to in s. 422.201 on maximum charges and that the creditor had a reputation for the use or threat of use of violence to cause harm to the person or property of any person to collect extensions of credit or to punish the nonrepayment thereof, it shall be presumed that the extension of credit was a violation under chs. 421 to 427 under sub. (1).
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2019–2022 · leading case: Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019).
Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). “303 where a consumer credit transaction is unconscionable); Wis. Stat. § 425.108 (regarding extortionate extensions of credit, provides that such extensions are unenforceable and for triple the penalty provided under Wis.”
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “"10 We are therefore left with two Duncan does not allege a violation of 10 Wis. Stat. § 425.108 , which prohibits extortionate extensions of credit.”
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