425.304 Remedy and penalty for certain violations. A person who commits a violation to which this section applies is liable to the customer in an amount equal to the greater of:
(1) Twice the amount of the finance charge in connection with the transaction, except that the liability under this subsection shall not be less than $100 nor greater than $1,000; or
(2) The actual damages, including any incidental and consequential damages, sustained by the customer by reason of the violation.
History: 1971 c. 239.
The word “or" in this section makes it clear that the recovering party is not entitled to both statutory and actual damages. Kirk v. Credit Acceptance Corp., 2013 WI App 32, 346 Wis. 2d 635, 829 N.W.2d 522, 10-2573.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 425 - Consumer transactions — remedies and penalties.
425.103 - Accrual of cause of action; “default".
425.104 - Notice of customer's right to cure default.
425.108 - Extortionate extensions of credit.
425.110 - No discharge from employment for garnishment.
425.111 - Levy before judgment.
425.203 - Enforcement of merchant's rights in collateral and leased goods.
425.204 - Voluntary surrender of collateral.
425.205 - Action to recover collateral.
425.206 - Nonjudicial enforcement limited.
425.2065 - Notice to law enforcement.
425.207 - Restraining order to protect collateral or leased goods; abandoned property.
425.208 - Customer's right to redeem.
425.209 - Restrictions on deficiency judgments.
425.210 - Computation of deficiency.
425.301 - Remedies to be liberally administered.
425.302 - Remedy and penalty for certain violations.
425.303 - Remedy and penalty for certain violations.
425.304 - Remedy and penalty for certain violations.
425.305 - Transactions which are void.
425.306 - Unenforceable obligations.
425.307 - Limitation of action.
425.308 - Reasonable attorney fees.
425.310 - Liability of corporate officers.