Wisconsin Code § 425.301

Remedies to be liberally administered
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(1)
The remedies provided by this subchapter shall be liberally administered to the end that the customer as the aggrieved party
shall be put in at least as good a position as if the creditor had
fully complied with chs. 421 to 427. Recoveries under chs. 421 to
427 shall not in themselves preclude the award of punitive damages in appropriate cases.
(2) Any right or obligation declared by chs. 421 to 427 is enforceable by action unless the provision declaring it specifies a
different and limited effect.
(3) Notwithstanding any other section of chs. 421 to 427, a
customer shall not be entitled to recover specific penalties pro-

vided in s. 425.302 (1) (a), 425.303 (1), 425.304 (1) or 425.305
(1) if the person violating chs. 421 to 427 shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adapted to avoid any such error.
(4) The liability of a merchant under chs. 421 to 427 is in lieu
of and not in addition to any liability under the federal consumer
credit protection act and ss. 138.09, 138.14, or 218.0101 to
218.0163. An action by a person alleging a violation under chs.
421 to 427 may not be maintained if a final judgment has been
rendered for or against that person with respect to the same violation under the federal consumer credit protection act or ss.
138.09, 138.14, or 218.0101 to 218.0163. If a final judgment is
entered against any merchant under chs. 421 to 427 and the federal consumer credit protection act or ss. 138.09, 138.14, or
218.0101 to 218.0163 for the same violation, the merchant has a
cause of action for appropriate relief to the extent necessary to
avoid double liability.
(5) If there are multiple obligors in the same consumer credit
transaction or consumer lease, there may be no more than one recovery of civil penalties for each violation of chs. 421 to 427.

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