Wisconsin Statutes
Wis. Stat. § 425.308 (2026)
Reasonable attorney fees
✓ current as of July 2026
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425.308(1)(1) If the customer prevails in an action arising from a consumer transaction, the customer shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred on the customer’s behalf in connection with the prosecution or defense of such action, together with a reasonable amount for attorney fees.
425.308(2)(2) The award of attorney fees shall be in an amount sufficient to compensate attorneys representing customers in actions arising from consumer transactions. In determining the amount of the fee, the court may consider:
425.308(2)(a)(a) The time and labor required, the novelty and difficulty of the questions involved and the skill requisite properly to conduct the cause;
425.308(2)(c)(c) The amount involved in the controversy and the benefits resulting to the client or clients from the services;
425.308(2)(e)(e) The character of the employment, whether casual or for an established and constant client; and
425.308(2)(f)(f) The amount of the costs and expenses reasonably advanced by the attorney in the prosecution or defense of the action.
425.308 AnnotationAttorney fees awarded under this section often far exceed the amount of recovery. First Wisconsin National Bank v. Nicolaou, 113 Wis. 2d 524, 335 N.W.2d 390 (1983).
425.308 AnnotationAwards of attorney fees and costs are limited to instances in which a customer has shown that a creditor has not “fully complied with chs. 421 to 427.” Suburban State Bank v. Squires, 145 Wis. 2d 445, 427 N.W.2d 393 (Ct. App. 1988).
425.308 AnnotationA prevailing party is one who succeeds on any significant issue and is entitled to recover fees relating to successfully litigated issues. Footville State Bank v. Harvell, 146 Wis. 2d 524, 432 N.W.2d 122 (Ct. App. 1988).
425.308 AnnotationAlthough voluntarily dismissed, prosecution of improperly venued actions violated the consumer act, and the defendants were prevailing parties under this section entitled to attorney fees. Community Credit Plan, Inc. v. Johnson, 228 Wis. 2d 30, 596 N.W.2d 799 (1999), 97-0574.
425.308 AnnotationA party moving for attorney’s fees and costs under the Wisconsin Consumer Act (WCA) must show both a significant benefit in litigation and a violation of the WCA on the part of the non-moving party. When a claim for deficiency judgment was dismissed without costs and without prejudice, no violation of the WCA was shown. Credit Acceptance Corp. v. Woodard, 2012 WI App 43, 340 Wis. 2d 548, 812 N.W.2d 525, 11-0135.
Notes of Decisions
Cited in 40
cases (8 in the last 5 years), 1983–2026 · 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). “(III) Are the customers entitled to reasonable attorney fees under Wis. Stat. § 425.308 ? ¶ 9. The Circuit Court for Waukesha County granted summary judgment to Community Credit and dismissed all the customers' claims, reasoning that the *6 customers waived their claims by not…”
Cmty. Credit Plan, Inc. v. Johnson, 596 N.W.2d 799 (Wis. 1999). “In each case, the circuit court determined that the defendants-appellants (customers) did not "prevail" under Wis. Stat. § 425.308 and were thus not entitled to their attorney fees.”
Cmty. Credit Plan, Inc. v. Johnson, 586 N.W.2d 77 (Wis. Ct. App. 1998). “2d 324 (1996), assists in this analysis by clearly mandating, "[i]f a violation [of the WCA] is found to have occurred, attorney's fees under Wis. Stat. § 425.308 shall be awarded." [5] Id.”
First Wisconsin Nat'l Bank v. Nicolaou, 335 N.W.2d 390 (Wis. 1983). “ATTORNEY FEES Sec. 425.308, Stats., provides that a customer who prevails in an action arising out of a consumer transaction shall recover a reasonable amount for attorney fees.”
Suburban State Bank v. Squires, 427 N.W.2d 393 (Wis. Ct. App. 1988). “We deem the major issue on appeal to be whether the trial court properly awarded attorney’s fees pursuant to sec. 425.308, Stats., of the Wisconsin Consumer Act (WCA).”
Sec. Fin. v. Brian Kirsch, 926 N.W.2d 167 (Wis. 2019). “421 to 427, but providing that attorney fees under Wis. Stat. § 425.308 may be awarded if the debtor "establishes by a preponderance of the evidence that the failure to comply was willful or intentional").”
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “2d 390, 396 (1983), alludes to but does not decide the question whether under sec. 425.308, Stats., a party who prevails on some issues may recover his or her attorney’s fees on all issues, including those unsuccessfully litigated.”
LeBakken Rent-To-Own v. Warnell, 589 N.W.2d 425 (Wis. Ct. App. 1998). “Because the transaction is subject to the Act, we reverse the order and remand the matter to the trial court with directions to determine and award Warnell costs and reasonable attorney fees pursuant to § 425.308, STATS. See First Wisconsin Nat'l Bank v.”
Hartman v. Meridian Fin. Servs., Inc., 191 F. Supp. 2d 1031 (W.D. Wis. 2002). “§ 1692k(a)(3) and Wis.Stat. § 425.308. After the amount of statutory damages under each act has been determined, plaintiffs will be allowed to submit an itemized statement of attorney fees and costs incurred in bringing these actions and defendant will be allowed to file…”
Reusch v. Roob, 2000 WI App 76 (Wis. Ct. App. 2000). “Under our general consumer protection statutes, Wis. Stat. § 425.308 (1) and (2) 7 provide for the awarding of reasonable attorney's fees sufficient to compensate attorneys to represent consumers in actions arising from consumer transactions.”
Lynch v. Crossroads Counseling Ctr., Inc., 2004 WI App 114 (Wis. Ct. App. 2004). “2d 799 (1999) (awarding attorney fees under Wis. Stat. § 425.308 , the fee provision of the Wisconsin Consumer Act); Radford v.”
Cottonwood Fin., Ltd. v. Estes, 2012 WI App 12 (Wis. 2012). “See Wis. Stat. § 425.308 (1). Rather, the arbitration provision specifically refers here to "statute or applicable law" and, in another section, provides that Wisconsin law shall apply.”
— Wis. Stat. § 425.308(1) — 12 cases
LeBakken Rent-To-Own v. Warnell, 589 N.W.2d 425 (Wis. Ct. App. 1998). “Because the transaction is subject to the Act, we reverse the order and remand the matter to the trial court with directions to determine and award Warnell costs and reasonable attorney fees pursuant to § 425.308, STATS. See First Wisconsin Nat'l Bank v.”
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “2d 390, 396 (1983), alludes to but does not decide the question whether under sec. 425.308, Stats., a party who prevails on some issues may recover his or her attorney’s fees on all issues, including those unsuccessfully litigated.”
Allied Processors, Inc. v. W. Nat'l Mut. Ins., 2001 WI App 129 (Wis. Ct. App. 2001).
Lindevig v. Dairy Equip. Co., 442 N.W.2d 504 (Wis. Ct. App. 1989).
Chmill v. Friendly Ford-Mercury of Janesville, Inc., 453 N.W.2d 197 (Wis. Ct. App. 1990).
— Wis. Stat. § 425.308(2) — 4 cases
Footville State Bank v. Harvell, 432 N.W.2d 122 (Wis. Ct. App. 1988). “2d 390, 396 (1983), alludes to but does not decide the question whether under sec. 425.308, Stats., a party who prevails on some issues may recover his or her attorney’s fees on all issues, including those unsuccessfully litigated.”
LeBakken Rent-To-Own v. Warnell, 589 N.W.2d 425 (Wis. Ct. App. 1998). “Because the transaction is subject to the Act, we reverse the order and remand the matter to the trial court with directions to determine and award Warnell costs and reasonable attorney fees pursuant to § 425.308, STATS. See First Wisconsin Nat'l Bank v.”
First Wisconsin Nat'l Bank v. Nicolaou, 335 N.W.2d 390 (Wis. 1983). “ATTORNEY FEES Sec. 425.308, Stats., provides that a customer who prevails in an action arising out of a consumer transaction shall recover a reasonable amount for attorney fees.”
Kuehn v. Peppertree Resort Villas, Inc., 686 N.W.2d 455 (Wis. Ct. App. 2004).
— Wis. Stat. § 425.308(2)(c) — 1 case
Kuehn v. Peppertree Resort Villas, Inc., 686 N.W.2d 455 (Wis. Ct. App. 2004).
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