Wiener v. J. C. Penney Co.

One issue is presented by this consolidated appeal, to wit:

Is sec. 138.06 (7), Stats., constitutional?

Under sec. 138.06 (3), Stats., a borrower who pays usurious interest may recover all the interest, principal (up to $2,000), and charges paid on the loan or forbearance within two years of the date the action is commenced. The trial court held, however, and plaintiffs do not dispute on appeal, that sec. 138.06 (6) and (7) remove the right of pre-October 9, 1970, credit sale usury victims to recover penalties and to maintain any class actions. As plaintiffs’ brief unequivocally concedes at…