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Court Watch

By Genevieve A. Beck
April 28, 2006

Wisconsin Fair Dealership Law Not Applicable Where Plaintiff Was Not 'Over a Barrel'

The Seventh Circuit Court of Appeals has affirmed a district court's decision that the Wisconsin Fair Dealership Law ('WFDL') did not apply to the relationship between a seller and installer of residential electronic security systems and the company that monitored the signals from those security systems because the parties did not share a 'community of interest.' In Home Protective Services, Inc. v. ADT Security Services, Inc., 438 F.3d 716 (7th Cir. 2006), the plaintiff Home Protective Services ('HPS') sued the defendant ADT Security Services, Inc. ('ADT') for damages under the WFDL after ADT terminated the parties' business relationship with no notice and no
opportunity to cure.

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