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Statute of Limitations and the Wisconsin Consumer Act

Statute of Limitations and the Wisconsin Consumer Act?

Legal claims are subject to something called a “statute of limitations.” This is a body of law that governs the timeframes under which lawsuits must be filed. All claims are subject to some form of a statute of limitations. It's very important for consumers, businesses, and lawyers to be aware of the relevant statute of limitations that cover any given claim. These deadlines to file a claim are “etched in stone” and must be followed. If you file a claim past the statute of limitations the entire lawsuit can be dismissed.


What is the Statute of Limitations under the Wisconsin Consumer Act?

The Wisconsin Consumer Act (commonly called the “WCA”) has a provision that states:

Any action brought by a customer to enforce rights pursuant to chs. 421 to 427 shall be commenced within one year after the date of the last violation of chs. 421 to 4272 years after consummation of the agreement or one year after last payment, whichever is later, except with respect to transactions pursuant to open-end credit plans which shall be commenced within 2 years after the date of the last violation; but no action may be commenced more than 6 years after the date of the last violation.

Wis. Stat. § 425.307

This statute has been interpreted by courts to contain several different timeframes under which a claim can be brought. These claims are started by a triggering event: the date of last violation, date of the contract consummation, the date of last payment. It includes a “catch-all” provision that provides a 6-year timeframe for certain claims. This catch-all is limited to certain people that may have been subjected to illegal collection behavior; but this longer time frame appears to only apply to people who were not signatories to the contract. If you were a signatory under the contract, there are very short timeframes to bring a case.

If you are concerned that your claim is close to being “past due” under the statute of limitations, you should immediately contact an experienced consumer lawyer. Attorney Nathan DeLadurantey is experienced with claims under the WCA and the analysis of the statute of limitations. Contact him for a free consultation to understand and protect your rights.

What is the WCA?

The Wisconsin Consumer Act is a comprehensive statute that regulates consumer financial transactions between businesses and Wisconsin consumers. The statutes regulate everything from loan agreements, credit agreements, late fees, delinquency charges, certain foreclosures, vehicle repossessions, and other types of loan agreements. The WCA is a very broad statute and is designed to even the playing field on financial transactions for consumers, and to provide for a fair and even lending and collection industry in Wisconsin. Attorney Nathan DeLadurantey is one of the leading attorneys in Wisconsin on cases involving the WCA and offers free consultations to consumers.

Attorney Nathan DeLadurantey also regularly receives calls and inquiries from other lawyers related to the WCA and potential claims and issues involving the statute. He welcomes those calls and assisting attorneys and clients across Wisconsin.


The DeLadurantey Law Office, LLC is committed to answering your questions about Vehicle Repo's, Credit Report/Identity Theft, Auto Fraud, and Debt Collection Abuse law issues in Wisconsin.

We offer free consultation and look forward to discussing your case. Contact us today to schedule an appointment.

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