Author: Briane Pagel
A Green County Circuit Court on July 10 denied a request by a used car dealer to dismiss civil claims against it. The dealership, Alphorn Ford, was sued by two customers who claim that Alphorn lied to them in order to induce them to purchase a vehicle they did not really want. The customers allege […]
A bankruptcy judge in the Eastern District of Wisconsin’s federal court ruled this week that a tenant was entitled to a jury trial on her claims that her landlord discriminated against her and caused her emotional distress. The tenant filed a federal lawsuit alleging that the landlord had violated Wisconsin housing laws by trying to […]
The Wisconsin Court of Appeals on October 17, 2024, issued an order that will require Hess Memorial Hospital to stand trial on charges it violated the Wisconsin Consumer Act. Hess sued a patient, and the patient retained Attorney Briane Pagel and LawtonCates, S.C., who filed a counterclaim alleging that Hess had engaged in illegal collection […]
A Dane County judge issued a ruling requiring UW Health to face a jury on allegations that it violated Wisconsin law in its dealings with a patient. The patient, represented by Attorney Briane Pagel and Lawton Cates, S.C., obtained a price quote from UW Health prior to her procedures. UW told her that her out-of-pocket […]
The customer was allowed to proceed on claims that the online lender and debt collection firm violated the Wisconsin Consumer Act by not providing required notices and by filing error-filled pleadings. A customer who took out an online loan and then was unable to pay the loan back has been allowed to proceed to a […]
The Adams County Circuit Court on August 5, 2024, held that an alleged medical debt that became the subject of a collection lawsuit was a “consumer debt” and that, therefore, the patient was entitled to the protections of the Wisconsin Consumer Act. Hess Memorial Hospital sued a patient for approximately $3,000 in medical bills. The […]
One Main Financial, a consumer lending company with branches in 44 states, suffered a significant blow in arbitration recently. One Main sued the debtor in circuit court. The debtor retained Lawton Cates, and Attorney Briane Pagel moved to compel One Main to arbitrate its claims, rather than litigate them. In arbitration, Attorney Pagel convinced the […]
The federal Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from making false claims about a debt, leading a federal judge to rule that two debt collection companies violated that law and would have to stand trial to determine the damages owed as a result of their failure to acknowledge a debtor’s dispute. Under […]
LawtonCates convinces Wisconsin’s Court of Appeals to provide debtors with greater protections against creditor abuse, even after a default judgment was entered. A recent Wisconsin Court of Appeals opinion in a case litigated by LawtonCates’ Attorney Briane Pagel expanded debtor protections against creditor abuse and overreach. In Creditbox v. Weathers, the Court of Appeals held that […]
If you’ve been struggling with your student loans, there’s some potentially good news: The Biden Administration last year announced that it would try to change the way the Department of Education handles requests to discharge student loans, and those changes have resulted in student loans being eliminated for many borrowers. Most recently, a borrower discharged […]