Wisconsin Statutes

Wis. Stat. § 427.105 (2026)

Remedies

✓ current as of July 2026

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427.105427.105 Remedies.

427.105(1)(1) A person injured by violation of this chapter may recover actual damages and the penalty provided in s. 425.304; but notwithstanding any other law actual damages shall include damages caused by emotional distress or mental anguish with or without accompanying physical injury proximately caused by a violation of this chapter.

427.105(2)(2) If a customer establishes that the customer was induced to surrender collateral, as defined in s. 425.202 (1), by conduct of the merchant which violates this chapter, the customer shall be entitled to a determination of the right to possession of the collateral pursuant to s. 425.205 (1) (e) in any action brought under this subchapter, and if the customer prevails on such issue, in addition to any other damages under this subchapter, the customer shall be entitled to recover possession of the collateral if still in the merchant’s possession, together with actual damages for the customer’s loss of use of the collateral.

427.105 HistoryHistory: 1971 c. 239; 1991 a. 316; 2005 a. 255.

427.105 AnnotationSub. (1) does not restrict recovery to persons who are customers under s. 421.301 (17). Zehetner v. Chrysler Financial Co., 2004 WI App 80, 272 Wis. 2d 628, 679 N.W.2d 919, 03-1473.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1983–2024 · 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 30× “However, as will be discussed below, Wis. Stat. § 427.105 provides a specific remedy for a Wis.”

Zehetner v. Chrysler Fin. Co., LLC., 2004 WI App 80 (Wis. Ct. App. 2004). · cites it 10× “Further, we conclude that Zehetner also had standing as a "person" under Wis. Stat. § 427.105 (1). Accordingly, we reverse.”

Kirk v. Credit Acceptance Corp., 2013 WI App 32 (Wis. Ct. App. 2013). · cites it 3× “104 (l)(j) are governed by Wis. Stat. §§ 427.105 and 425.304. Whether the statutes entitle a party to both statutory and actual damages is a question of statutory interpretation that we review without deference to the circuit court.”

Kett v. Cmty. Credit Plan, Inc., 596 N.W.2d 786 (Wis. 1999). · cites it 6× “308 ; and actual damages, including damages caused by emotional distress or mental anguish with or without accompanying physical injury, Wis. Stat. § 427.105 . [2] Jeffrey Davis, Legislative Restriction of Creditor Powers and Remedies: A Case Study of the Negotiation and…”

Gable v. Universal Acceptance Corp., 338 F. Supp. 3d 943 (E.D. Wis. 2018). · cites it 4× “Unconscionable Behavior The plaintiffs' fifth claim for relief is entitled "unconscionable behavior.”

Cook v. Pub. Storage, Inc., 2008 WI App 155 (Wis. Ct. App. 2008). · cites it 5× “" Wis. Stat. § 427.105 (1) (1999-2000). 7 We stated: Additionally, Wis.”

Credit Acceptance Corp. v. Chao Kong, 2012 WI App 98 (Wis. Ct. App. 2012). · cites it 4× “Accordingly, it concluded that Credit Acceptance had violated the WCA by engaging in self-help repossession of their vehicle. The court entered judgment for Kong and Her and awarded $9,889.”

Hartman v. Meridian Fin. Servs., Inc., 191 F. Supp. 2d 1031 (W.D. Wis. 2002). · cites it 2× “Statutory Damages and Attorney Fees Under both the FDCPA and Wisconsin Consumer Act, the maximum statutory penalty is $1000 for each proceeding.”

Bahena v. Jefferson Capital Sys., LLC, 363 F. Supp. 3d 914 (W.D. Wis. 2019). · cites it 2× “§ 1692k ; Wis. Stat. § 427.105 . Messerli argues that Bahena is not entitled to any damages for emotional distress because she has not adduced sufficient evidence that her emotional distress was the result of any unlawful conduct by defendants.”

Assocs. Fin. Servs. Co. v. Hornik, 336 N.W.2d 395 (Wis. Ct. App. 1983). · cites it 3× “In sec. 427.105, Stats., the legislature provides that a debtor injured by *168 a collector who breached this duty is entitled to actual damages and a penalty.”

Patzka v. Viterbo Coll., 917 F. Supp. 654 (W.D. Wis. 1996). · cites it 2× “Plaintiff is entitled to the statutory remedies available under Wis.Stat. § 427.105 for a violation of this section.”

Myers v. Americollect Inc., 194 F. Supp. 3d 839 (E.D. Wis. 2016). · cites it 2× “” Wis. Stat. § 427.105 (1). “Debt collection” includes “any action, conduct or practice of soliciting claims for collection or in the collection of claims owed or due or alleged to be owed or due a merchant by a customer.”

Show all 18 citing cases →

— Wis. Stat. § 427.105(1) — 7 cases

Hartman v. Meridian Fin. Servs., Inc., 191 F. Supp. 2d 1031 (W.D. Wis. 2002). “Statutory Damages and Attorney Fees Under both the FDCPA and Wisconsin Consumer Act, the maximum statutory penalty is $1000 for each proceeding.”

Kirk v. Credit Acceptance Corp., 2013 WI App 32 (Wis. Ct. App. 2013). “104 (l)(j) are governed by Wis. Stat. §§ 427.105 and 425.304. Whether the statutes entitle a party to both statutory and actual damages is a question of statutory interpretation that we review without deference to the circuit court.”

Zehetner v. Chrysler Fin. Co., LLC., 2004 WI App 80 (Wis. Ct. App. 2004). “Further, we conclude that Zehetner also had standing as a "person" under Wis. Stat. § 427.105 (1). Accordingly, we reverse.”

Assocs. Fin. Servs. Co. v. Hornik, 336 N.W.2d 395 (Wis. Ct. App. 1983). “In sec. 427.105, Stats., the legislature provides that a debtor injured by *168 a collector who breached this duty is entitled to actual damages and a penalty.”

Cook v. Pub. Storage, Inc., 2008 WI App 155 (Wis. Ct. App. 2008). “" Wis. Stat. § 427.105 (1) (1999-2000). 7 We stated: Additionally, Wis.”

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.