MBS-Certified Pub. Accountants, LLC v. Wis. Bell Inc.Annotate this Case
An accountant and the company he owned (collectively, MBS), filed suit against Defendants, telecommunications companies, asserting claims for damages under Wis. Stat. 100.207 and other statutes, arguing that Defendants' telephone bills contained unauthorized charges. The circuit court dismissed MBS's claims for relief, determining that although the complaint properly alleged violations of section 100.207, the voluntary payment doctrine barred any entitlement to monetary relief. The court of appeals affirmed. The Supreme Court reversed and remanded, holding (1) the Supreme Court had not decided whether the legislature intended the voluntary payment doctrine to be a viable defense against any cause of action created by a statute; and (2) under the circumstances, the conflict between the manifest purpose of section 100.207 and the common law defense left no doubt that the legislature intended that the common law defense should not be applied to bar claims under the statute. Remanded.