Parent v. Home Depot U.S.A., Inc., No. 11-3665 (7th Cir. 2012)
Annotate this CasePlaintiffs had a Home Depot credit card issued by Citibank. In 2005, Krahenbuhl, who also had a Citibank-Home Depot credit card, contracted with plaintiffs to build a log cabin for speculative resale. A log cabin package was purchased over the phone from Home Depot for $9,761.64 and charged to Krahenbuhl’s account. The materials were approved by, delivered to, and signed for by plaintiffs, who eventually built and sold the log cabin. The relationship between Krahenbuhl and plaintiffs deteriorated, and Krahenbuhl disputed the charge. Citibank transferred the charge from Krahenbuhl’s credit card to plaintiffs’ card. Krahenbuhl and plaintiffs reached a settlement through mediation, which plaintiffs thought included payment of the credit card charge. About one year later, they claim, they became aware that the $9,761.64 charge had been transferred to their account. Neither Citibank nor Home Depot would remove the charge; accrued interest has resulted in a total sum of approximately $21,000. Plaintiffs sued under the Wisconsin Consumer Act, Wis. Stat. 427.104(1)(j). Citibank was dismissed and the district court granted Home Depot summary judgment, finding that Home Depot had not acted either directly or indirectly in an attempt to collect a debt. The Seventh Circuit affirmed.
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