Wisconsin Supreme Court Limits Creditors' Liability Under WCA
Our creditor client sued for default on loan payment and the defendant borrower brought a counterclaim, alleging that our client failed to send a proper notice, thus violating the notice of right to cure requirement of the Wisconsin Consumer Act (WCA). In this complex case, Marci and the Husch Blackwell team prevailed before the Wisconsin Supreme Court in Security Finance v. Brian Kirsch (2019 WI 42), which concluded that filing suit without proper notice of cure is merely grounds to dismiss the suit without prejudice. The court further held that such a procedural "miscue" does not give rise to liability by the creditor under the WCA's debt collection statute. Because of the research, due diligence and strategic arguments of Marci and other Husch Blackwell attorneys, the court found that our creditor client was entitled to enforce its contractual rights to collect the loan obligation, and that filing suit without proper notice of cure is not harassing collection conduct.
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Oneida Nation Obtains Dismissal of Class Action
A class action alleged that establishments owned by the Oneida Nation violated the Fair and Accurate Credit Transactions Act. Marci was on our team, asserting that the plaintiff had no basis to sue based on the doctrine of Indian tribal immunity. The case was dismissed, upheld on appeal and denied certiorari by the U.S. Supreme Court.
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Court Grants Summary Judgment in Favor of Lender on FCRA Claim
Marci and the Husch Blackwell team defended our client against alleged violations of the Fair Credit Reporting Act (FCRA) in the Eastern District of Wisconsin. The plaintiff claimed that credit information furnished on a credit report was incorrect based on her completion of a Wisconsin Chapter 128 wage-earner plan and our client failed to conduct a reasonable investigation after receiving notice of this dispute regarding the reporting in violation of 15 U.S.C. § 1681s-2(b). Drawing on their knowledge of and experience with both FCRA and Chapter 128, Marci and the Husch Blackwell team developed strategic and innovative arguments to defeat plaintiff’s motion for summary judgment on her claim against our client. Based on our arguments, the court not only denied plaintiff’s motion for summary judgment but outright dismissed the case, determining that plaintiff failed to establish a “factual inaccuracy” that could have been discovered through investigation.