news.cuna.org/articles/115357-cuna-wis-leaguefile-brief-in-wis-supreme-court

CUNA, Wis. League file brief in Wis. Supreme Court 

December 21, 2018

CUNA and the Wisconsin Credit Union League filed an amicus brief Friday with the Wisconsin Supreme Court supporting a narrow interpretation of the Wisconsin Consumer Act (WCA). Plaintiff’s attorneys in Wisconsin have been targeting lenders, including credit unions, with litigation under the WCA. CUNA and the league argue these suits are frivolous and could affect access to credit.  

“Wisconsin credit unions have been the target of lawsuits and counterclaims seeking damages and attorney’s fees under the WCA in response to their good-faith efforts to collect on legitimate debts,” the parties stated in their brief.  

CUNA and the league argue: 

  • The plaintiff does not have a right of action, as neither the circuit court’s original ruling nor the court of appeals decision provides this right; 
  • The WCA does not create a right in a debtor to bring an action against a creditor for failing to follow procedural requirements; 
  • Granting a private right of action under the WCA would have a chilling effect on consumer access to affordable credit, nor is it needed to make consumers whole.