Wis. Stat. » CHAPTER 425 — CONSUMER TRANSACTIONS — REMEDIES AND PENALTIES
Wisconsin Statutes

Wis. Stat. § 425.304 (2026)

Remedy and penalty for certain violations

✓ current as of July 2026
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425.304425.304 Remedy and penalty for certain violations. A person who commits a violation to which this section applies is liable to the customer in an amount equal to the greater of:
425.304(1)(1) Twice the amount of the finance charge in connection with the transaction, except that the liability under this subsection shall not be less than $100 nor greater than $1,000; or
425.304(2)(2) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation.
425.304 HistoryHistory: 1971 c. 239.
425.304 AnnotationThe word “or” in this section makes it clear that the recovering party is not entitled to both statutory and actual damages. Kirk v. Credit Acceptance Corp., 2013 WI App 32, 346 Wis. 2d 635, 829 N.W.2d 522, 10-2573.
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1980–2022 · leading case: Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019).
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Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). · cites it 13× “108 (regarding extortionate extensions of credit, provides that such extensions are unenforceable and for triple the penalty provided under Wis. Stat. § 425.304 (1)). Wisconsin Stat.”
Kett v. Cmty. Credit Plan, Inc., 596 N.W.2d 786 (Wis. 1999). · cites it 20× “words, did Community Credit engage in conduct that could reasonably be expected to threaten or harass the customers or persons related to the customers or claim, or attempt or threaten to enforce a right with knowledge or reason to know that the right did not exist? If Community…”
Kirk v. Credit Acceptance Corp., 2013 WI App 32 (Wis. Ct. App. 2013). · cites it 6× “The word "or" in Wis. Stat. § 425.304 makes it clear that Kirk is not entitled to both statutory and actual damages.”
Hartman v. Meridian Fin. Servs., Inc., 191 F. Supp. 2d 1031 (W.D. Wis. 2002). · cites it 6× “304 (1) (liable for “[t]wice the amount of the finance charge in connection with the transaction, except that liability under this subsection shall not be less than $100 nor greater than $1,000”). Plaintiffs have shown that defendant violated the act, specifically § 427.”
Brunton v. Nuvell Credit Corp., 2010 WI 50 (Wis. 2010). · cites it 4× “1983) (interpreting Wis. Stat. § 425.304 to coordinate with a provision of the FDCPA); Hartman v.”
Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). · cites it 14× “§ 227 (b)(3)(B) and $1000 in statutory damages under Wis. Stat. § 425.304 . I am denying the remaining motions, with the exception of defendant’s motion to strike.”
Sweeney v. Pac. Fin. Co. (In Re Sweeney), 7 B.R. 814 (Bankr. E.D. Wis. 1980). · cites it 2× “” Section 425.304 provides for monetary damages and the imposition of monetary penalties for violation of the section.”
Assocs. Fin. Servs. Co. v. Hornik, 336 N.W.2d 395 (Wis. Ct. App. 1983). “The penalty 4 provided in sec. 425.304, Stats., is: *172 [T] he greater of: (1) Twice the amount of the finance charge in connection with the transaction, except that the liability under this subsection shall not be less than $100 nor greater than $1,000; or (2) The actual…”
Grand River Coop. v. Terbeest, 426 N.W.2d 68 (Wis. Ct. App. 1988). “1 The Terbeests also counterclaimed against the cooperative alleging that excessive interest had been charged, entitling them to damages pursuant to sec. 425.304, Stats. The trial court, in a ruling which is not appealed, also rejected this claim.”
Koskey v. Hoffe & Assocs. LLC (E.D. Wis. 2020). · cites it 2× “Wis. Stat. §425.304 . The plaintiff seeks from each defendant damages in the amount of $1,000 under the FDCPA and $1,000 under the Wisconsin Consumer Act.”
Crown Asset Mgmt., LLC assignee of Citibank N.A. v. David H. Albahrani (Wis. Ct. App. 2022). “§ 425.304. Contrary to Albahrani’s construction of these provisions, we conclude that their plainest reading contemplates their application only to consumer credit transactions involving other than open-end credit plans.”
— Wis. Stat. § 425.304(1) — 2 cases
Hartman v. Meridian Fin. Servs., Inc., 191 F. Supp. 2d 1031 (W.D. Wis. 2002). “304 (1) (liable for “[t]wice the amount of the finance charge in connection with the transaction, except that liability under this subsection shall not be less than $100 nor greater than $1,000”). Plaintiffs have shown that defendant violated the act, specifically § 427.”
Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). “§ 227 (b)(3)(B) and $1000 in statutory damages under Wis. Stat. § 425.304 . I am denying the remaining motions, with the exception of defendant’s motion to strike.”
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.