Wisconsin Statutes
Wis. Stat. § 426.109 (2026)
Temporary relief; injunctions
✓ current as of July 2026
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426.109(1)(1) The administrator or any customer may bring a civil action to restrain by temporary or permanent injunction a person from violating chs. 421 to 427 and 429 or the rules promulgated pursuant thereto, or to so restrain a merchant or a person acting on behalf of a merchant from engaging in false, misleading, deceptive, or unconscionable conduct in consumer credit transactions. It shall not be a defense to an action brought under this section that there exists an adequate remedy at law.
426.109(2)(2) The administrator or customer may seek a temporary restraining order without written or oral notice to the adverse party or his or her attorney. If the court finds that there is reasonable cause to believe that the respondent is engaged in the conduct sought to be restrained and that such conduct violates chs. 421 to 427 and 429 or rules promulgated under chs. 421 to 427 and 429, it may grant a temporary restraining order or any temporary relief it deems appropriate. A temporary restraining order granted without notice shall expire by its terms within a stated time after entry, not to exceed 30 days, as the court fixes, unless within this time it is extended by the court, or unless the party against whom the order is directed consents that it may be extended for a longer period. When a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for a hearing at the earliest possible time. Upon notice to the party who obtained the temporary restraining order without notice, the adverse party may appear and move its dissolution or modification, and in this event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2018–2026 · leading case: Cottonwood Fin. Wis., LLC v. Kobilka, 918 N.W.2d 643 (Wis. Ct. App. 2018).
Cottonwood Fin. Wis., LLC v. Kobilka, 918 N.W.2d 643 (Wis. Ct. App. 2018). “§ 426.109 to temporarily enjoin Cottonwood's enforcement of the commissioner's order, as well as to vacate that order.”
Czachorski (E.D. Wis. 2026). “Czachorski invokes Wis. Stat. §426.109 as the basis for her request for injunctive relief.”
Heather Gudex v. Franklin Collection Serv., Inc., 2026 WI 6 (Wis. 2026). “§ 426.109(1), that Franklin is henceforth restrained from sending collection letters, to anyone, containing” the language that Gudex argued violated the Wisconsin Consumer Act.”
— Wis. Stat. § 426.109(1) — 2 cases
Cottonwood Fin. Wis., LLC v. Kobilka, 918 N.W.2d 643 (Wis. Ct. App. 2018). “§ 426.109 to temporarily enjoin Cottonwood's enforcement of the commissioner's order, as well as to vacate that order.”
Heather Gudex v. Franklin Collection Serv., Inc., 2026 WI 6 (Wis. 2026). “§ 426.109(1), that Franklin is henceforth restrained from sending collection letters, to anyone, containing” the language that Gudex argued violated the Wisconsin Consumer Act.”
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