River Bank of DeSoto v. Fisher

The issue of attorney's fees was left open in the previous opinion in this case. The parties were ordered to brief whether such fees could be awarded under the Wisconsin Consumer Act (Act) or otherwise even though we did not find unconscionability under Wis. Stat. § 425.107 (1991-92), 2 the only Act provision alleged by defendant-respondent-petitioner, Karen Fisher Duncan (Duncan), in the lower courts to have been violated by plaintiff-appellant, River Bank of DeSoto (Bank).

Duncan argues that the Bank violated Wis. Stat. §§ 422.302(3), 422.305(1), and 427.104(l)(j). This court does not…