Wisconsin Statutes
Wis. Stat. § 425.301 (2026)
Remedies to be liberally administered
✓ current as of July 2026
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425.301(1)(1) The remedies provided by this subchapter shall be liberally administered to the end that the customer as the aggrieved party shall be put in at least as good a position as if the creditor had fully complied with chs. 421 to 427. Recoveries under chs. 421 to 427 shall not in themselves preclude the award of punitive damages in appropriate cases.
425.301(2)(2) Any right or obligation declared by chs. 421 to 427 is enforceable by action unless the provision declaring it specifies a different and limited effect.
425.301(3)(3) Notwithstanding any other section of chs. 421 to 427, a customer shall not be entitled to recover specific penalties provided in s. 425.302 (1) (a), 425.303 (1), 425.304 (1) or 425.305 (1) if the person violating chs. 421 to 427 shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
425.301(4)(4) The liability of a merchant under chs. 421 to 427 is in lieu of and not in addition to any liability under the federal consumer credit protection act and ss. 138.09, 138.14, or 218.0101 to 218.0163. An action by a person alleging a violation under chs. 421 to 427 may not be maintained if a final judgment has been rendered for or against that person with respect to the same violation under the federal consumer credit protection act or ss. 138.09, 138.14, or 218.0101 to 218.0163. If a final judgment is entered against any merchant under chs. 421 to 427 and the federal consumer credit protection act or ss. 138.09, 138.14, or 218.0101 to 218.0163 for the same violation, the merchant has a cause of action for appropriate relief to the extent necessary to avoid double liability.
425.301(5)(5) If there are multiple obligors in the same consumer credit transaction or consumer lease, there may be no more than one recovery of civil penalties for each violation of chs. 421 to 427.
425.301 AnnotationAn error of law is not a bona fide error under sub. (3). First Wisconsin National Bank v. Nicolaou, 113 Wis. 2d 524, 335 N.W.2d 390 (1983).
425.301 AnnotationSub. (2)’s right to enforcement “by action” does not specify any right to trial. In this case, the arbitration agreement merely shifted the proceedings to a less formal, less expensive, and more expedient form. Therefore, the borrower’s general attack on agreements to arbitrate, rather than litigate, failed. Cottonwood Financial, LTD v. Estes, 2012 WI App 12, 339 Wis. 2d 472, 810 N.W.2d 852, 09-0760.
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1978–2023 · 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). “" Wis. Stat. § 425.301 (1). ¶66 Further, "[a] basic purpose of the remedies the legislature adopted in the Wisconsin Consumer Act is to induce compliance with the Wisconsin Consumer Act and thereby promote its underlying objects.”
First Wisconsin Nat'l Bank v. Nicolaou, 335 N.W.2d 390 (Wis. 1983). “" [8] Sec. 425.301(1), Stats., 1975, provides: "Remedies to be liberally administered.”
Zehetner v. Chrysler Fin. Co., LLC., 2004 WI App 80 (Wis. Ct. App. 2004). “] 5 We also acknowledge Chrysler Financial's statutory argument that, even assuming Zehetner has standing, her claim is defeated by application of Wis. Stat. § 425.301 (3) to what Chrysler Financial views as the undisputed facts.”
Gable v. Universal Acceptance Corp., 338 F. Supp. 3d 943 (E.D. Wis. 2018). “Thus, while she can sue for conversion of her personal property that was allegedly left in the vehicle, she has no claim under the WCA for wrongful repossession of Gable's vehicle.”
Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “" Wis. Stat. § 425.301 (2). But Wis. Stat. § 425.”
Bahena v. Jefferson Capital Sys., LLC, 363 F. Supp. 3d 914 (W.D. Wis. 2019). “See Wis. Stat. § 425.301 (1) ("Recoveries under chs.”
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “Morris argues that sec. 425.301(4), Stats., does not apply because the violation of the WCA is distinguishable from the violation of the FCCPA.”
VanHuss v. Kohn Law Firm S.C., 127 F. Supp. 3d 980 (W.D. Wis. 2015). “Wis. Stat. § 425.301 (3). Plaintiffs motion to strike the bona fide error defense takes the position that defendants had not pled “with particularity the circumstances constituting fraud or mistake.”
Turner v. Gene Dencker Buick-Pontiac, Inc., 2001 WI App 28 (Wis. Ct. App. 2000). “As the Turners point out, Wis. Stat. § 425.301 (3) provides a defense based on error in only limited circumstances: Notwithstanding any other section of chs.”
Assocs. Fin. Servs. Co. v. Hornik, 336 N.W.2d 395 (Wis. Ct. App. 1983). “4 The penalty is limited, however, by sec. 425.301(3), Stats., which states: *172 Notwithstanding any other section of chs.”
Credit Acceptance Corp. v. Woodard, 2012 WI App 43 (Wis. Ct. App. 2012). “Had the circuit court done so, she contends, it would have recognized her as a prevailing party entitled to attorney’s fees under the WCA.”
Kett v. Cmty. Credit Plan, Inc., 586 N.W.2d 68 (Wis. Ct. App. 1998). “" Section 425.301(3), Stats. Community Credit cannot hide behind this defense as its alleged mistake was an error of law, not a bona fide error.”
— Wis. Stat. § 425.301(1) — 1 case
First Wisconsin Nat'l Bank v. Nicolaou, 335 N.W.2d 390 (Wis. 1983). “" [8] Sec. 425.301(1), Stats., 1975, provides: "Remedies to be liberally administered.”
— Wis. Stat. § 425.301(2) — 2 cases
Creditbox.com, LLC v. Antjuan Weathers, 2023 WI App 37 (Wis. Ct. App. 2023).
Cottonwood Fin., Ltd. v. Estes, 2010 WI App 75 (Wis. Ct. App. 2010).
— Wis. Stat. § 425.301(3) — 7 cases
First Wisconsin Nat'l Bank v. Nicolaou, 335 N.W.2d 390 (Wis. 1983). “" [8] Sec. 425.301(1), Stats., 1975, provides: "Remedies to be liberally administered.”
Zehetner v. Chrysler Fin. Co., LLC., 2004 WI App 80 (Wis. Ct. App. 2004). “] 5 We also acknowledge Chrysler Financial's statutory argument that, even assuming Zehetner has standing, her claim is defeated by application of Wis. Stat. § 425.301 (3) to what Chrysler Financial views as the undisputed facts.”
Turner v. Gene Dencker Buick-Pontiac, Inc., 2001 WI App 28 (Wis. Ct. App. 2000). “As the Turners point out, Wis. Stat. § 425.301 (3) provides a defense based on error in only limited circumstances: Notwithstanding any other section of chs.”
Kett v. Cmty. Credit Plan, Inc., 586 N.W.2d 68 (Wis. Ct. App. 1998). “" Section 425.301(3), Stats. Community Credit cannot hide behind this defense as its alleged mistake was an error of law, not a bona fide error.”
Assocs. Fin. Servs. Co. v. Hornik, 336 N.W.2d 395 (Wis. Ct. App. 1983). “4 The penalty is limited, however, by sec. 425.301(3), Stats., which states: *172 Notwithstanding any other section of chs.”
— Wis. Stat. § 425.301(4) — 2 cases
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “Morris argues that sec. 425.301(4), Stats., does not apply because the violation of the WCA is distinguishable from the violation of the FCCPA.”
Assocs. Fin. Servs. Co. v. Hornik, 336 N.W.2d 395 (Wis. Ct. App. 1983). “4 The penalty is limited, however, by sec. 425.301(3), Stats., which states: *172 Notwithstanding any other section of chs.”
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