Wisconsin Consumer Protection Attorney
Wisconsin Laws
The State of Wisconsin has a number of laws designed to protect consumer rights, including the Wisconsin Consumer Act, Lemon Law, the Unfair and Deceptive Practices Act and some aspects of Landlord/Tenant rights.
The Wisconsin Consumer Act
The Wisconsin Consumer Act governs the conduct of merchants and lenders in Wisconsin for certain types of consumer transactions and collection actions. The WCA defines illegal collection actions to prohibit creditor harassment.
Illegal Collection Actions
Under Section 427.104 of the Wisconsin Consumer Act, a debt collector is prohibited from engaging in the following:
Use force or threaten to use force or violence to cause physical harm;
Threaten criminal prosecution;
Disclose or threaten to disclose information adversely affecting the customer's reputation for credit worthiness if they know the information is false;
Disclose or threaten to disclose information concerning the existence of a debt known to be reasonably disputed by the customer without disclosing the fact that the customer is disputing the debt;
Communicate with the customer or person related to the customer with such frequency or at such unusual hours or in such a manner that can be reasonably expected to threaten or harass the customer;
Engage in other conduct which can reasonably be expected to threaten or harass the customer or a person related to the customer; Use obscene or threatening language in communicating with the customer or a person related to the customer;
Claim or attempt or threaten to enforce a right with knowledge or reason to know that the right does not exist;
Use a communication which simulates legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency or attorney at law when it is not;
Threaten action against the customer unless this kind of action is taken in the regular course or is intended with respect to the particular debt;
Illegal Auto Repossessions
Wisconsin Law also provides rights to consumers as well as lenders for automobile loans. In some cases, an automobile repossession (also known as a vehicle replevin) can take place under illegal circumstances. The “repo man” cannot threaten the consumer or take the automobile without the consumer’s consent. If the “repo man” does this it constitutes an illegal breach of peace.
It is also illegal for a “repo man” to threaten to have the auto owner put in jail, to use profanity, to employ threats or to present themselves as a law enforcement officer.
Call your consumer law lawyer with any questions about illegal auto repossessions.
Lemon Law
If an authorized dealership cannot correct any significant problem after 4 tries in the shop, or if the automobile is inoperable or in the shop for over thirty days Wisconsin’s Lemon Law requires the car makers to replace a new vehicle or give the car buyer's money back. The thirty days do not have to be consecutive. When these events happen to a car buyer, he or she can demand a new car or get their money back, minus an amount based on the mileage on the vehicle.
If the car maker refuses to recognize the consumer's rights under the Lemon Law, the car buyer can bring legal action to force compliance with the law and the car maker will be held responsible for all attorney fees. If you're concerned that you may have purchased a lemon, call Attorney Rollie R. Hanson, your Consumer Law lawyer and get free legal information and we'll also provide you with the form you need to initiate the Lemon Law claim against the car maker.
Unfair and Deceptive Practices Act
Wisconsin law prohibits a merchant or lender from engaging in unfair and deceptive practices. This law applies to retailers, automobile dealers as well as door to door sales persons. A violation of the Wisconsin Unfair and Deceptive Practices statute is determined by the facts of the case. For an evaluation of your case and an informed legal opinion, call your Consumer Law lawyer.
Landlord Tenant Law
The Wisconsin Administrative Code contains some provisions governing tenant rights and the responsibilities of landlords. For instance, if a tenant has a legitimate complaint, such as a lack of heat and reports the problem to the City Housing Authority, the landlord cannot respond with a retaliatory eviction.
Another example of a tenant's rights is when a tenant moves out after the expiration of a lease. The landlord must give the security deposit back within 20 days or provide a written explanation as to why the landlord will not return the security deposit. If the landlord fails to give the deposit back or provide an adequate written explanation, the landlord is not entitled keep any of the deposit and can be held liable for double damages to the tenant and will also be responsible for the tenant's attorney fees.
Lawyer consultation
To set up an appointment to discuss your legal issue with lawyer Rollie R. Hanson, call 414-321-9733 or complete our simple contact form on this site. We are conveniently located in the Lincoln Center III on National Avenue in West Allis.
