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Photo of Consumer Crossroads: Where Financial Services and Litigation Intersect Nabil G. Foster
Partner
nfoster@hinshawlaw.com
312-704-3262
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Nabil Foster focuses his practice on the defense of consumer class action lawsuits and the defense of attorneys in professional liability and …

Showing 1 post by Nabil G. Foster.

Wisconsin Supreme Court Rules Creditor's Failure to Send a Right to Cure Notice is not Grounds for a Monetary Damages Claim

A debtor ("Kirsch") recently sought monetary damages from his creditor ("Security Finance"), arguing that Security Finance had failed to provide sufficient notice of right to cure before commencing a debt collection action, as required by the Wisconsin Consumer Act (WCA), §§ 425.104 and 425.105. Kirsch argued that this failure to comply with the WCA also constituted a violation of Wis. Stat. § 427.104(1)(g), which authorizes an independent private right of action for damages. In Security Finance v Kirsch, the Wisconsin Supreme Court disagreed, finding that a creditor's failure to send a notice of right to cure is a procedural error and is not a sufficient basis for a consumer to file a lawsuit seeking damages under the WCA. More ›

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