Creditor-Debtor Relationship Flashcards
Leverage
- When you try non legal ways to get the debtor to pay
- Should be encouraged to use these first
- Foreclosure, not extending further credit, etc.
Fair credit reporting act
Does two things:
- ensures free access to credit report (once annually)
- a mechanism to dispute your report
Usury Laws
These are state laws that prevent banks from charging high interest, however
- after SCOTUS held a federal bank is subject to federal, and not state law, these were largely repealed (Marquette Natl. Bank)
- otherwise, state would lose out on bank income
Wisconsin Consumer Act: Purposes
(1) Requires merchants to supply certain disclosures to consumers, and
(2) Regulates merchant debt collection conduct
Wisconsin Consumer Act: Requirements
- (1) Can’t call debtor more than once per week
- (2) Must report unpaid debts as disputed
- (3) May not communicate with
- Employer
- Landlord
- Spouse
- (4) Can’t claim or threat to enforce a right with knowledge the right does not exist
- (5) No intent requirement to show a violation
Wisconsin Consumer Act: Consequences
- (1) Pay debtor attorney fees
- (2) Forgiving balance due of debt
- (3) Reimbursing the debtor for all monies paid to the merchant
- (4) Permitting the debtor to keep the contracted-for item free of charge
Right to Privacy: Two Sources
- Federal right is not codified, it is made by SCOTUS through interpreting constitutional amendments (penumbra right)
- The state right is codified, wis stat 995.50
Right to Privacy: Four WI rights 955.50(2)
(a) Place
- Home invasion
- If roommates, your bedroom
(b) Persona
- No advertising using your “persona” without consent
- Photographer taking photo without consent
(c) Publicity to a private matter
- Publicity only requires one person having notice
- Religious affiliation and public records are not protected
(d) Violations of 942.09: lewd photos
Black v. Kelly - public disclosure publicity requirement
- Fully publishing on the internet is publicity. This instance was not fully published.
- Publicity could be one person. Depends on:
- Character of the receiver (Big gossip? Or not? Trusted friend? Or stranger?)
- Whether there is a “special relationship” between the offended and the receiver (Character damaging information to your boss)
Poston v. Burns - invasion of “space” requires physical invasion
Court finds no invasion
- The recorder used by the couple was sitting inside their window sill
- Other cases finding listening devices as an invasion of space involved the device being physically within the space
Elements of a claim for publicity of private facts
Reetz v. Advocate Aurora Health Inc.
- (1) a public disclosure of facts regarding the plaintiff;
- (2) the facts disclosed are private facts;
- (3) the private matter made public is one which would be highly offensive to a reasonable person of ordinary sensibilities;
- (4) the defendant acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter, or with actual knowledge that none existed; and
- (5) This Court adds: intent to disclose
Why is invasion of privacy an inappropriate claim for data breaches?
- invasion of privacy for public disclosure of private facts requires a showing of intent
- the appropriate claim is negligence, which does not require a showing of intent
Economic loss doctrine
If you have a contract, you have to sue under the contract. You can only sue under tort if you have property damage or personal injury.
