Parent v. Home Depot U.S.A., Inc.

Federal 7th Circuit Court
Civil Court
Consumer Law
Case Number: 
No. E.D. Wisc.
Decision Date: 
September 24, 2012
Federal District: 
E.D. Wisc.
Dist. Ct. did not err in granting defendant’s motion for summary judgment in action alleging violations of Wisc. Consumer Act arising out of defendant’s failure to remove $9,761.64 charge that had been transferred to plaintiffs’ account with defendant for purchase of goods on charge card issued by third-party. While plaintiffs alleged that defendant had either directly or indirectly made attempt to collect on debt so as to trigger protections under Act, Dist. Ct. could properly find that defendant did not violate Act since only third-party, as owner of plaintiffs' credit card account, took steps to collect on instant debt. Fact that defendant may have relied on third-party to get paid for sale of its goods to plaintiffs was irrelevant and insufficient to establish violation of Act.