[{"@context":"http:\/\/schema.org","@type":"BlogPosting","about":["Consumer Law","Firm News","Consumer Protection"],"dateModified":"2024-05-01","wordCount":330,"url":"https:\/\/www.lawtoncates.com\/blog\/wisconsin-supreme-court-upholds-consumer-s-right\/","mainEntityOfPage":"https:\/\/www.lawtoncates.com\/blog\/wisconsin-supreme-court-upholds-consumer-s-right\/","description":"Recently, the Wisconsin Supreme Court issued an opinion holding that it is illegal for repo men to seize peoples\u2019 cars from the parking garage in their apartment. The case, Duncan v. Asset Recovery Specialists (case number 2019 AP 1365, reported at 2022 WI 1), was brought by a woman whose car was illegally repossessed from her enclosed apartment garage. Ms. Duncan rented an apartment in the building and had a parking spot in the parking garage under the building. When Wells Fargo claimed she was behind on her payments, it hired a repossession company. That company entered the apartment building\u2019s [\u2026]","name":"Wisconsin Supreme Court Upholds Consumer\u2019s Rights in Auto Repossession Case","headline":"Wisconsin Supreme Court Upholds Consumer\u2019s Rights in Auto Repossession Case","articleBody":"Recently, the Wisconsin Supreme Court issued an opinion holding that it is illegal for repo men to seize peoples\u2019 cars from the parking garage in their apartment. The case, Duncan v. Asset Recovery Specialists (case number 2019 AP 1365, reported at 2022 WI 1), was brought by a woman whose car was illegally repossessed from her enclosed apartment garage. Ms. Duncan rented an apartment in the building and had a parking spot in the parking garage under the building.When Wells Fargo claimed she was behind on her payments, it hired a repossession company. That company entered the apartment building\u2019s garage and towed Duncan\u2019s car while she was inside her apartment several floors above.Ms. Duncan sued under the\u00a0Wisconsin Consumer Act, which prohibits creditors from entering her dwelling to seize her vehicle. The defendants argued that a garage is not part of a \u201cdwelling.\u201d Both the Wisconsin Court of Appeals and now the Wisconsin Supreme Court have since ruled in Ms. Duncan\u2019s favor. Writing for the majority, Justice Dallet held that \u201ca dwelling \u2026 means, at a minimum, a building in which at least one person lives.\u201d The Court then held that a garage attached to the building is part of the dwelling, and that the repossession violated Wisconsin law.The Wisconsin Consumer Act allows consumers who are harmed by violations of consumer protections to seek damages, and to have the defendants pay their attorney\u2019s fees if they win. Following the case being sent back to the Circuit Court for further proceedings, the matter was resolved.Attorney Briane Pagel of LawtonCates represented Ms. Duncan in this lawsuit. LawtonCates works to protect the rights of Wisconsin citizens, and represents consumers facing foreclosure, repossession, medical debt collections, and other consumer rights\u2019 suits.For further information or comment, please contact\u00a0Attorney Dixon Gahnz\u00a0and Attorney Briane Pagel at by phone at\u00a0(608) 282-6200\u00a0or by email at\u00a0dgahnz@lawtoncates.com\u00a0and\u00a0bpagel@lawtoncates.com.\u00a0We can also be reached via our\u00a0online contact form.","datePublished":"2022-01-12","author":{"@type":"Person","image":{"@type":"ImageObject","url":"https:\/\/secure.gravatar.com\/avatar\/2f34718d3c46ee2833d3ccf83f7221a0?s=96&d=mm&r=g","height":96,"width":96,"@id":"https:\/\/secure.gravatar.com\/avatar\/2f34718d3c46ee2833d3ccf83f7221a0?s=96&d=mm&r=g"},"url":"https:\/\/www.lawtoncates.com\/blog\/author\/lawtoncates\/","name":"LawtonCates","identifier":7,"@id":"https:\/\/www.lawtoncates.com\/blog\/author\/lawtoncates\/#Person"},"image":{"@type":"ImageObject","url":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/04\/lawton-cates-attorneys.jpg","height":550,"width":694,"@id":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/04\/lawton-cates-attorneys.jpg"},"publisher":{"@type":"Organization","logo":{"@type":"ImageObject","url":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/03\/lawtoncates-logo.png","height":73,"width":438,"@id":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/03\/lawtoncates-logo.png"},"name":"LawtonCates, S.C.","@id":"https:\/\/www.lawtoncates.com\/blog\/wisconsin-supreme-court-upholds-consumer-s-right\/#Organization1"},"@id":"https:\/\/www.lawtoncates.com\/blog\/wisconsin-supreme-court-upholds-consumer-s-right\/#BlogPosting"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.lawtoncates.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Wisconsin Supreme Court Upholds Consumer\u2019s Rights in Auto Repossession Case","item":"https:\/\/www.lawtoncates.com\/blog\/wisconsin-supreme-court-upholds-consumer-s-right\/#breadcrumbitem"}]}]