2019 WI 42 SUPREME COURT OF WISCONSIN CASE NO.: 2017AP1408 COMPLETE TITLE: Security Finance, Plaintiff-Respondent, v. Brian Kirsch, Defendant-Appellant-Petitioner. REVIEW OF DECISION OF THE COURT OF APPEALS Reported at 382 Wis. 2d 271,915 N.W.2d 730 (2018 – unpublished) OPINION FILED: April 19, 2019 SUBMITTED ON BRIEFS: ORAL ARGUMENT: February 1, 2019 SOURCE OF APPEAL: COURT: Circuit COUNTY: Washington JUDGE: Todd K. Martens JUSTICES: CONCURRED: KELLY, J. concurs, joined by R.G. BRADLEY, J. (opinion filed). DISSENTED: A.W. BRADLEY, J. dissents, joined by ABRAHAMSON, J. (opinion filed). NOT PARTICIPATING: DALLET, J. did not participate. ATTORNEYS: For the defendant-appellant-petitioner, there were briefs filed by Briane F. Pagel, and Lawton & Cates, S.C., Madison. There was an oral argument by Briane F. Pagel. For the plaintiff-respondent, there was a brief filed by Lisa M. Lawless, Marci V. Kawski, Edward J. Heiser, Jr., and Husch Blackwell LLP, Milwaukee. There was an oral argument by Lisa M. Lawless. An amicus curiae brief was filed on behalf of Legal Action of Wisconsin, Inc., by Jessica Roulette, Gregory Myszkowski, Elizabeth Stinebaugh, Nicole Zimmer, and Legal Action of Wisconsin, Inc, Milwaukee. An amicus curiae brief was filed on behalf of Credit Union National Association and Wisconsin Credit Union League, by John W. Raihala and Clifford & Raihala, S.C., Madison. An amicus curiae brief was filed on behalf of Legal Aid Society of Milwaukee, Inc., by Karen M. Bauer, Dana M. Roth, and Legal Aid Society of Milwaukee, Inc., Milwaukee. 2 2019 WI 42 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2017AP1408 (L.C. No. 2017SC271) STATE OF WISCONSIN : IN SUPREME COURT Security Finance, Plaintiff-Respondent, FILED v. APR 19, 2019 Brian Kirsch, Sheila T. Reiff Clerk of Supreme Court Defendant-Appellant-Petitioner. REVIEW of a decision of the Court of Appeals. Affirmed. ¶1 ANNETTE KINGSLAND ZIEGLER, J. This is a review of an unpublished decision of the court of appeals, Security Finance v. Kirsch, No. 2017AP1408, unpublished slip op. (Wis. Ct. App. Apr. 11, 2018), affirming the Washington County circuit court's order.1 The order granted Security Finance's ("Security") motion to dismiss Brian Kirsch's ("Kirsch") counterclaims against Security arising under Wis. Stat. chs. 425 and 427 (2015-16).2 1 The Honorable Todd K. Martens presided. 2All subsequent references to the Wisconsin Statutes are to the 2015-16 version unless otherwise indicated. No. 2017AP1408 The court of appeals affirmed the circuit court, concluding that Kirsch's counterclaims were properly dismissed. ¶2 This court must consider whether a debtor who has been sued on a consumer credit transaction without first receiving a notice of right to cure default under ch. 425 may sue the creditor for damages under ch. 427, the Wisconsin Consumer Act ("WCA"). We conclude that a creditor's failure to provide such notice does not constitute a sufficient basis for relief under ch. 427. As a result, Kirsch's counterclaims were properly dismissed, and we affirm the court of appeals. I. FACTUAL BACKGROUND AND PROCEDURAL POSTURE ¶3 Security and Kirsch ...
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