Wisconsin Statutes
Wis. Stat. § 425.305 (2026)
Transactions which are void
✓ current as of July 2026
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425.305(1)(1) In a transaction to which this section applies, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount.
425.305(2)(2) In addition, the customer shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 1982–2025 · leading case: Kett v. Cmty. Credit Plan, Inc., 596 N.W.2d 786 (Wis. 1999).
Kett v. Cmty. Credit Plan, Inc., 596 N.W.2d 786 (Wis. 1999). “206 ? If so, the customers are entitled to damages under Wis. Stat. § 425.305 . ¶ 7. (II) Did Community Credit engage in prohibited practices in violation of Wis.”
Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). “206 ,9 and that the defendant was entitled to damages under Wis. Stat. §§ 425.305 and 425.308. Id., ¶¶14 , 16–17.”
Credit Acceptance Corp. v. Chao Kong, 2012 WI App 98 (Wis. Ct. App. 2012). “Because Credit Acceptance violated the WCA's self-help provi *267 sions, Credit Acceptance was subject to the penalties under Wis. Stat. § 425.305 . See Wis. Stat. § 425.”
First Wisconsin Nat'l Bank v. Nicolaou, 335 N.W.2d 390 (Wis. 1983). “" [3] Sec. 425.305, Stats., 1975, provides: "Transactions which are void.”
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “We do not accede to Morris’s insistence that we construe sec. 425.305, Stats., to apply to all transactions covered by the WCA.”
Kett v. Cmty. Credit Plan, Inc., 586 N.W.2d 68 (Wis. Ct. App. 1998). “Thus, the customers in this case are entitled to the remedy provided by § 425.305, Stats. See §§ 425.206(3) (establishing that a violation of nonjudicial enforcement limitation is subject to § 425.”
Ott v. Peppertree Resort Villas, Inc., 2006 WI App 77 (Wis. Ct. App. 2006). “§ 425.305; (4) Peppertree violated WIS. STAT.”
Gemini Capital Grp., LLC v. Jones, 2017 WI App 77 (Wis. Ct. App. 2017). “209 (1), he is entitled to the remedies set forth in Wis. Stat. § 425.305 . However, the issue of remedies is premature.”
Williams v. Cashcall, Inc., 92 F. Supp. 3d 847 (E.D. Wis. 2015). “) As a result, plaintiffs allege that, pursuant to Wis. Stat. § 425.305 , they are not obligated to repay their loans.”
Beal v. Wyndham Vacation Resorts, Inc., 956 F. Supp. 2d 962 (W.D. Wis. 2013). “In sum, there is no dispute that plaintiff entered into a timeshare contract with defendant, that she stopped making payments on it and that the contract allowed defendant to pursue certain remedies in the case of default.”
Hollibush v. Ford Motor Credit Co., 508 N.W.2d 449 (Wis. Ct. App. 1993). “206 provides that a violation of that section is subject to the remedy found in sec. 425.305, Stats. Because Hollibush has prevailed in this action, she is entitled to reasonable attorney's fees as provided in sec.”
Nelson v. Santander Consum. USA, Inc., 931 F. Supp. 2d 919 (W.D. Wis. 2013). “206(1) may be remedied under Wis. Stat. § 425.305 . That statute provides: (1) In a transaction to which this section applies, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount.”
— Wis. Stat. § 425.305(1) — 3 cases
First Wisconsin Nat'l Bank v. Nicolaou, 335 N.W.2d 390 (Wis. 1983). “" [3] Sec. 425.305, Stats., 1975, provides: "Transactions which are void.”
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “We do not accede to Morris’s insistence that we construe sec. 425.305, Stats., to apply to all transactions covered by the WCA.”
Koble Investments v. Elicia Marquardt (Wis. Ct. App. 2024).
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