Riffard V. Bank Of America: Missed Opportunity Or Coming Attraction?

On November 5, the appeal to the Wisconsin Supreme Court in Riffard v. Bank of America N.A. was voluntarily dismissed before briefing began. In 2022, the Circuit Court of Milwaukee County had held that the National Bank Act (NBA) preempts the Wisconsin notice of default and right to cure notice (RTC) provisions of the Wisconsin Consumer Act (WCA),1 finding that the RTC provisions impermissibly limit a national bank’s ability to set the terms of credit.2 A 2018 Wisconsin Department of Financial Institutions letter came to the same result.3 But in a February 18, 2025 opinion, the Court of Appeals of Wisconsin reversed the Circuit Court’s decision and remanded, finding that NBA preemption did not apply, characterizing the RTC provisions as a (mere) “procedural” requirement to access…
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