Wisconsin Statutes
Wis. Stat. § 425.302 (2026)
Remedy and penalty for certain violations
✓ current as of July 2026
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425.302(1)(1) A person who commits a violation to which this section applies is liable to the customer in an amount equal to:
425.302(1)(b)(b) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation.
425.302(2)(2) This section also applies to all violations for which no other remedy is specifically provided.
Notes of Decisions
Cited in 5
cases, 1988–2019 · 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). “6We note that Wis. Stat. § 425.302 states that it "applies to all violations for which no other remedy is specifically provided.”
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “302 fails to specify a penalty section to which a violation applies, sec. 425.302(1), Stats., applies by virtue of subsec.”
Kett v. Cmty. Credit Plan, Inc., 596 N.W.2d 786 (Wis. 1999). “Community Credit asserts that the customers are attempting to turn a defect in venue into an violation of chapter 427, that a violation of the venue provision is not the type of conduct that chapter 427 was designed to vindicate and that because the alleged violation of the…”
LeBakken Rent-To-Own v. Warnell, 589 N.W.2d 425 (Wis. Ct. App. 1998). “*587 Warnell filed a motion to dismiss and award attorney fees and costs under §§ 425.302 and 425.308, STATS. [5] His motion alleged that the complaint failed to state a claim upon which relief could be granted because the subject of the suit was a consumer credit transaction…”
Burney v. Thorn Americas, Inc., 944 F. Supp. 762 (E.D. Wis. 1996). “Wis.Stat. 425.302(1): A person who commits a violation to which this section applies is liable to the customer in an amount equal to: (a) Twenty-five dollars; and (b) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of…”
— Wis. Stat. § 425.302(1) — 2 cases
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “302 fails to specify a penalty section to which a violation applies, sec. 425.302(1), Stats., applies by virtue of subsec.”
Burney v. Thorn Americas, Inc., 944 F. Supp. 762 (E.D. Wis. 1996). “Wis.Stat. 425.302(1): A person who commits a violation to which this section applies is liable to the customer in an amount equal to: (a) Twenty-five dollars; and (b) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of…”
— Wis. Stat. § 425.302(2) — 1 case
Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). “6We note that Wis. Stat. § 425.302 states that it "applies to all violations for which no other remedy is specifically provided.”
— Wis. Stat. § 425.302(l)(b) — 1 case
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “302 fails to specify a penalty section to which a violation applies, sec. 425.302(1), Stats., applies by virtue of subsec.”
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