The United States Court of Appeals for the Seventh Circuit
granted summary judgment in favor of Home Depot in a case limiting
the application of the Wisconsin
Consumer Act. Plaintiffs had argued that Home Depot's
failure to remove a credit card charge of $9,761.64 on a Home Depot
credit card issued by Citibank violated sections 427.104(1)(c),
427.104(1)(j), and 427.108 of the Act. The Court affirmed the lower
court and ruled that the Act did not create a cause of action for
the plaintiffs against Home Depot.
In 2002, plaintiffs applied for and received a Home Depot
co-branded credit card issued by Citibank. The card could only be
used for Home Depot purchases. Plaintiffs entered into an agreement
with Dr. Lee Krahenbuhl such that Krahenbuhl would purchase the
materials for and build a log cabin and plaintiffs' company
would resell the cabin. Krahenbuhl used his own Home Depot/Citibank
credit card to purchase a log cabin package. These materials were
delivered to and
