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COADY v. CROSS COUNTRY BANK

No. 2005AP2770.

729 N.W.2d 732 (2007)

2007 WI App 26

Angeline COADY, Sharon Johnson, Janice Kask, Sue Lubnow, Patrick Peterson, Lori Peterson, Robert Peterson, Richard Steeves, Stacia Stokes and Richard Kask on Behalf of Himself and All Others Similarly Situated, Plaintiffs-Respondents, v. CROSS COUNTRY BANK, Inc. and Applied Card Systems, Inc., Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed January 25, 2007.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Edward J. Heiser, Jr., and Ross A. Anderson of Whyte Hirschboeck Dudek S.C., Milwaukee, and of counsel: Alan S. Kaplinsky, Martin C. Bryce, Jr., and Sally M. Williams of Ballard Spahr Andrews & Ingersoll, L.L.P., Philadelphia, Pennsylvania.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Stephen E. Meili and Sarah N. Mervine of Consumer Law Litigation Clinic of the University of Wisconsin Law School, Madison.

Before LUNDSTEN, P.J., DYKMAN and HIGGINBOTHAM, JJ.

¶ 1 LUNDSTEN, P.J.

Cross Country Bank and Applied Card Systems (collectively, "Cross Country") appeal the circuit court's order denying their motion to compel arbitration and stay court proceedings.1 The plaintiffs, individuals who hold credit cards through Cross Country, sued Cross Country and sought to proceed as a class, alleging that Cross Country engaged in illegal debt collection practices in violation of the Wisconsin Consumer...

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