PATIENCE DRAKE ROGGENSACK, J.
¶ 1. We review a decision of the court of appeals1 reversing the circuit court's decision,2 which granted summary judgment in favor of Nuvell Credit Corporation (Nuvell) and dismissed plaintiff Denice Brunton's (Brunton) action. The dispositive issue in this case is whether under Wis. Stat. § 421.401(2) (2007-08)3 Nuvell "appeared] and waive[d] the improper venue" such that dismissal of the action, which arose out of a consumer credit transaction, was not required. We conclude that appearance and waiver under § 421.401(2) require two actions: (1) an appearance established by conduct recognized under the law as appearance and (2) waiver established by the defendant's knowledge of the proper venue and the intentional relinquishment of the right to proper venue. Nuvell appeared by responsive pleading, court appearances and litigating its defenses. However, neither Nuvell's failure to raise the improper venue in its answer nor its other appearances in this action constituted an intentional relinquishment of the right to proper venue. Because Nuvell did not both appear and waive the improper venue, the circuit court [141]*141was required to dismiss the action when Nuvell raised the venue defect. See § 421.401(2)(b). Accordingly, we reverse the decision of the court of appeals.
I. BACKGROUND
¶ 2. On June 13, 2003, Brunton, a resident of Rock County, Wisconsin, bought a new car from Hesser Oldsmobile, Inc. (Hesser) a Rock County dealership. On June 26, 2003, Brunton and Hesser entered into a 72-month installment sale contract. Nuvell subsequently purchased Brunton's installment sale contract from Hesser.
¶ 3. Brunton failed to make payments on the installment sale contract in August, September, October and November 2005. Nuvell initiated debt collection activities against Brunton in November 2005.
¶ 4. On December 16, 2005, Brunton filed suit against Nuvell in Dane County Circuit Court, alleging that Nuvell violated the Wisconsin Consumer Act by engaging in debt collection practices prohibited by Wis. Stat. § 427.104. It is undisputed that this action arose out of a "consumer credit transaction" as defined in Wis. Stat. § 421.301(10).4 On February 2, 2006, Nuvell first appeared in the action and filed its answer, denying the [142]*142allegations in Brunton's complaint. Over the next 14 months, the parties litigated the case in Dane County.5
¶ 5. On May 23, 2006, in the midst of litigating the prohibited debt collection practices suit, Nuvell commenced a replevin action against Brunton in Rock County Circuit Court. Although the parties dispute the exact words that were exchanged, it is undisputed that at an August 9, 2006 scheduling conference in the Rock County action, Brunton's lawyer recognized that filing Brunton's action in Dane County instead of Rock County was problematic under Wis. Stat. § 421.401(2)(b) and raised this issue to Nuvell's counsel. Brunton requested that Nuvell stipulate to transferring venue to Rock County, rather than her dismissing the Dane County action and re-filing in Rock County. Nuvell refused to so stipulate, and Brunton did not take any further action regarding venue.
¶ 6. On February 27, 2007, Nuvell moved for summary judgment dismissing Brunton's suit because Brunton's action arose out of a consumer credit transaction, which required venue in Rock County not in Dane County. Pursuant to Wis. Stat. § 421.401(2)(b), Nuvell argued that Brunton's action must be dismissed [143]*143due to improper venue. Brunton contended that the action should not be dismissed because Nuvell appeared and waived the improper Dane County venue.
¶ 7. The circuit court granted Nuvell's motion for summary judgment. It concluded, relying on Kett v. Cnty. Credit Plan, Inc., 228 Wis. 2d 1, 596 N.W.2d 786 (1999), and Village of Trempealeau v. Mikrut, 2004 WI 79, 273 Wis. 2d 76, 681 N.W.2d 190, that improper venue is a "jurisdictional" defect that cannot be waived and therefore whether Nuvell timely objected to the improper venue was irrelevant.
¶ 8. The court of appeals reversed the circuit court's judgment and remanded for further proceedings, holding that by actively defending against Brunton's action for more than one year prior to moving to dismiss based on improper venue, Nuvell "appear[ed] and waive[d] the improper venue" within the meaning of Wis. Stat. § 421.401(2).
¶ 9. We granted review and now reverse.
II. DISCUSSION
A. Standard of Review
¶ 10. We review summary judgment decisions independently, employing the same methodology as the circuit court. Blunt v. Medtronic, Inc., 2009 WI 16, ¶ 13, 315 Wis. 2d 612, 760 N.W.2d 396 (citing Acuity v. Bagadia, 2008 WI 62, ¶ 12, 310 Wis. 2d 197, 750 N.W.2d 817). Resolution of the question presented herein requires us to interpret and apply Wis. Stat. § 421.401(2). " 'The interpretation and application of a statute to an undisputed set of facts are questions of law that we review independently.'" Estate of Genrich v. [144]*144OHIC Ins. Co., 2009 WI 67, ¶ 10, 318 Wis. 2d 553, 769 N.W.2d 481 (quoting McNeil v. Hansen, 2007 WI 56, ¶ 7, 300 Wis. 2d 358, 731 N.W.2d 273).
B. The Parties' Positions
¶ 11. The parties offer competing interpretations of Wis. Stat. § 421.401(2). Before examining the language of the statute, it is instructive to summarize each party's arguments.
1. Brunton's position
¶ 12. Brunton argues that Wis. Stat. §§ 801.50 and 801.51, the general venue statutes, apply here instead of Wis. Stat. § 421.401(2). Section 801.51 permits any party to challenge venue on the grounds of noncompliance with § 801.50 "or any other statute designating proper venue." Brunton contends that this language incorporates § 421.401, the Wisconsin Consumer Act's venue statute. Section 801.51(1) requires a party to file a motion for a change of venue "[a]t or before the time the party serves his or her first motion or responsive pleading in the action." Accordingly, Brunton argues that Nuvell waived its challenge to venue because Nuvell's answer — its first responsive pleading — failed to raise the issue of improper venue.
¶ 13. Alternatively, Brunton argues that even if Wis. Stat. § 801.51 does not apply, Wis. Stat. § 421.401(2) permits waiver of the improper venue. She contends we must construe waiver under § 421.401(2) as an implied waiver. Under Brunton's implied waiver argument, the improper venue is waived unless a defendant raises an objection to improper venue at the outset of litigation (i.e., in a party's first motion or [145]*145responsive pleading). Because Nuvell failed to timely raise an objection to improper venue, Brunton argues Nuvell waived the improper venue.6
2. Nuvell's position
¶ 14. Relying on Kett, Nuvell argues that it did not appear and waive the improper venue because Wis. Stat. § 421.401(2) requires an express waiver, and it did not expressly waive improper venue. Nuvell contends that requiring an express waiver properly puts the onus on plaintiffs to file in the proper county instead of requiring defendants to cure improper venue by raising an objection at the outset of litigation.
¶ 15. Nuvell further argues that an implied waiver is insufficient to constitute waiver under Wis. Stat. § 421.401(2) in light of the Wisconsin Consumer Act's purpose, which is to protect consumers. Nuvell notes that consumers will ordinarily be defendants in actions arising from consumer credit transactions. Accordingly, an express waiver is necessary to protect consumer defendants from inadvertently waiving improper venue by failing to object to improper venue in the first responsive pleading.
C. General Principles of Statutory Interpretation
¶ 16. Interpretation of a statute requires us to determine what the statute means. State ex rel. Kalal v. Circuit Court for Dane Cnty., 2004 WI 58, ¶ 44, 271 [146]*146Wis. 2d 633, 681 N.W.2d 110. "[Statutory interpretation 'begins with the language of the statute. If the meaning of the statute is plain, we ordinarily stop the inquiry.'" Id., ¶ 45 (quoting Seider v. O'Connell, 2000 WI 76, ¶ 43, 236 Wis. 2d 211, 612 N.W.2d 659). Statutory language is read to give effect to every word, to avoid surplusage and to avoid absurd results. Id., ¶ 46. Further, statutory language is given its "common, ordinary, and accepted meaning, except that technical or specially-defined words or phrases are given their technical or special definitional meaning." Id., ¶ 45. Plain meaning may be ascertained not only from the words employed in the statute, but also from the context in which the words are used. Id., ¶ 46.
¶ 17. In construing a statute, we favor a construction that fulfills the purpose of the statute over one that undermines the purpose. Cnty. of Dane v. LIRC, 2009 WI 9, ¶ 34, 315 Wis. 2d 293, 759 N.W.2d 571. "[A] plain-meaning interpretation cannot contravene a textually or contextually manifest statutory purpose." Kalal, 271 Wis. 2d 633, ¶ 49. While extrinsic sources are usually not consulted if the statutory meaning is plain, legislative history may be consulted "to confirm or verify a plain-meaning interpretation." Id., ¶ 51.
D. Wisconsin Stat. §§ 801.50 and 801.51
¶ 18. Brunton urges us to apply Wis. Stat. §§ 801.50 and 801.51, the general venue statutes, because she contends they apply to all venue challenges. We disagree. Section 801.50 establishes venue generally in civil actions "[e]xcept as otherwise provided by statute." § 801.50(2). Section 801.51 provides that challenges to improper venue "on the grounds of noncom[147]*147pliance with s. 801.50 or any other statute" be made "[a]t or before the time the party serves his or her first motion or responsive pleading in the action."
¶ 19. We have previously decided that Wis. Stat. § 421.401 is a "legislatively crafted exception to the general venue provision." Kett, 228 Wis. 2d 1, ¶ 20. That § 421.401 is a legislative exception to the more general venue provisions is confirmed by § 801.50(5m), which provides:
Venue of an action arising from a consumer credit transaction, as defined in s. 421.301(10), shall be in any county specified in s. 421.401(1).
¶ 20. Furthermore, a "canon of statutory construction provide [s] that where a general statute and a specific statute apply to the same subject, the specific statute controls." Rouse v. Theda Clark Med. Ctr., Inc., 2007 WI 87, ¶ 37, 302 Wis. 2d 358, 735 N.W.2d 30. Wisconsin Stat. §§ 801.50, 801.51 and 421.401 all apply to the same subject — venue. Sections 801.50 and 801.51 generally govern venue and challenges to improper venue in civil actions. In contrast, § 421.401 establishes venue for only two types of civil actions: consumer transactions and consumer credit transactions. § 421.401(1). Accordingly, § 421.401 is the more specific statute governing venue, and we conclude that it controls here.
¶ 21. We further conclude that applying Wis. Stat. §§ 801.50 and 801.51 to venue challenges in actions arising from consumer transactions would produce absurd results. Under § 801.51, a timely motion for change of venue results in a transfer of venue to an appropriate county. In contrast, under Wis. Stat. § 421.401(2)(b), an improperly venued action arising [148]*148from a consumer credit transaction must be dismissed, unless the defendant appears and waives the objection. If § 801.51 applies to actions arising from consumer credit transactions, as Brunton contends, we fail to see when § 421.401(2)(b), mandating dismissal of an improperly venued action, would ever apply. Interpreting a statute so that portions of it have no application is an absurd result.
¶ 22. We conclude that Wis. Stat. §§ 801.50 and 801.51, the general venue statutes, do not apply to actions arising from consumer credit transactions. Rather, the venue provision in Wis. Stat. § 421.401 applies.
E. Wisconsin Consumer Act Transactions
¶ 23. Proper venues for a claim arising out of a consumer credit transaction are: (1) the county where the customer resides or is personally served; (2) the county where collateral securing a consumer credit transaction is located; or (3) the county where the customer acquired the property that is the subject of the transaction or signed the document evidencing his or her obligation under the terms of the transaction. Wis. Stat. § 421.401(1) (a)-(c).
¶ 24. Brunton commenced this action in Dane County. However, proper venue is Rock County because that is where Brunton resides, where Brunton acquired the car, where the car is located and where Brunton signed the installment sale contract. See Wis. Stat. § 421.401(1)(a)-(c). Accordingly, the action was improperly venued in Dane County; the parties agree that Brunton should have filed this action in Rock County.
[149]*149¶ 25. Wisconsin Stat. § 421.401(2) addresses actions arising under the Wisconsin Consumer Act that are improperly venued. Section 421.401(2) states in relevant part:
When it appears ... that the county in which the action is pending under sub. (1) is not a proper place of trial for such action, unless the defendant appears and waives the improper venue, the court shall act as follows:
(a) Except as provided in par. (b), if it appears that another county would be a proper place of trial, the court shall transfer the action to that county.
(b) If the action arises out of a consumer credit transaction, the court shall dismiss the action for lack of jurisdiction.
(Emphasis added.) Accordingly, because Brunton's action arises out of a consumer credit transaction and was improperly venued, the circuit court was required to dismiss her action unless we conclude Nuvell "appeared] and waive[d] the improper venue."7
1. Purpose
¶ 26. When the legislature states the purpose that underlies a statute, we are to interpret the statute in light of that purpose. Kalal, 271 Wis. 2d 633, ¶ 49. Wisconsin Stat. § 421.102 identifies the legislative purpose that drives consumer transaction statutes, i.e., Wis. Stat. chs. 421-27. Section 421.102 provides in relevant part:
[150]*150Purposes; rules of construction. (1) Chapters 421 to 427 shall be liberally construed and applied to promote their underlying purposes and policies.
(2) The underlying purposes and policies of chs. 421 to 427 are:
(a) To simplify, clarify and modernize the law governing consumer transactions;
(b) To protect customers against unfair, deceptive, false, misleading and unconscionable practices by merchants;
(c) To permit and encourage the development of fair and economically sound consumer practices in consumer transactions; and
(d) To coordinate the regulation of consumer credit transactions with the policies of the federal consumer credit protection act.
At the heart of each of the underlying purposes and policies of the Wisconsin Consumer Act is the protection of customers. Accordingly, we interpret Wis. Stat. § 421.401(2) in light of the stated legislative purpose of protecting customers. See Kalal, 271 Wis. 2d 633, ¶ 49. In this regard, paras. (2)(b), (2)(c) and (2)(d) are relevant to our interpretation of § 421.401(2), in accordance with the legislature's stated purpose of protecting customers.
2. Wisconsin Stat. § 421.401(2)
¶ 27. The prefatory language of Wis. Stat. § 421.401(2), when combined with para. (2)(b) states that an improperly venued consumer credit action must be dismissed unless the defendant appears and waives the improper venue. There is authority for the conclusion that appearing in an action is a distinct requirement. See Dauphin v. Landrigan, 187 Wis. 633, 636, [151]*151205 N.W. 557 (1925). In Dauphin, we explained that "[a]ppearance in the action and pleading in the action are distinct acts. While the filing of an answer may operate as an appearance, appearing and pleading nevertheless remain two distinct things." Id.
¶ 28. For the reasons set out below, we also conclude that appearing in an action arising from a consumer credit transaction and waiving an improper venue are two distinct statutory requirements. Both statutory requirements must be fulfilled before an improper venue will be permitted to stand. We so conclude because Wis. Stat. § 421.401(2) joins the terms, "appears" and "waives" with the conjunction "and," thereby establishing two distinct requirements. Further, separating "appears" from "waives" will best protect customers against unfair practices by merchants; will encourage merchants to develop fair consumer practices; and will promote the protection of unsophisticated consumers, which is a policy underlying the federal consumer credit protection act. See Wis. Stat. § 421.102(2)(b)-(d). We discuss "appears" and "waives" in turn.
i. Appears
¶ 29. "The term 'appearance' is generally used to signify the overt act by which one against whom a suit has been commenced submits himself to the court's jurisdiction and constitutes the first act of a defendant in court." McLaughlin v. Chicago, Milwaukee, St. Paul & Pacific Ry. Co., 23 Wis. 2d 592, 594, 127 N.W.2d 813 (1964) (citing Dauphin, 187 Wis. at 636; 4 Am. Jur. 2d Appearance § 1 (2009)). "All persons who are parties to an action have a right to appear, either by attorney or in [152]*152their own person." 2 Wis. Pl. & Pr. Forms § 16:8 (5th ed. 2009) (citing Wis. Const, art. I, § 21(2); SCR 11.02(1)).
¶ 30. There are a number of actions by which one may appear. "A party 'appears' in an action either formally, by serving and filing a notice of appearance or an answer or by making a motion that serves to extend the time to answer, or informally, by actively litigating the merits of an issue without raising any jurisdictional objection." 4 Am. Jur. 2d Appearance § 1 (2009). In City of Fond du Lac v. Kaehne, the court of appeals concluded that a party proceeding pro se in a civil action who sent a letter to the circuit court "appeared" in the action. 229 Wis. 2d 323, 326, 599 N.W.2d 870 (Ct. App. 1999); see also L.R.E. v. R.E.J., 168 Wis. 2d 209, 216, 483 N.W.2d 588 (Ct. App. 1992) (concluding that pleading to the court, albeit by mail, constituted an appearance).
¶ 31. Because it is relevant to the issue of appearance, we take this opportunity to discuss our decision in Kett. First, we note that some of the principles established in Kett Eire applicable here, but we conclude that Kett's ultimate holding is distinguishable. In Kett, Community Credit Plan improperly venued its replevin actions in Milwaukee County and obtained default judgments against the defendants. Kett, 228 Wis. 2d 1, ¶ 3. Applying Wis. Stat. § 421.401(2), we held that the default judgments were invalid from the time of entry because the actions were commenced in Milwaukee County in violation of § 421.401(1). Id., ¶ 11. Kett's holding is distinguishable because it was not interpreting § 421.401(2) to determine the meaning of "appears and waives the improper venue" as we are here. Instead, in Kett, we interpreted the phrase "the court shall dismiss the action for lack of jurisdiction," § 421.401(2) (b), which we explained could mean "personal jurisdiction, subject matter jurisdiction or the competence of a court," Kett, [153]*153228 Wis. 2d 1, ¶ 21 n.12. Further, Kett is not dispositive here because Kett involved default judgments. Id., ¶ 12. A default judgment may be entered when a party fails to plead or otherwise appear in an action. See Wis. Stat. § 806.02(3). Accordingly, such a defendant necessarily could not have fulfilled the appearance requirement of § 421.401(2). However, a default judgment is not at issue here.
¶ 32. To appear and to waive cannot be found in a single act and also provide the customer protection that the legislature sought to achieve. See Wis. Stat. § 421.102(2). For example, if a merchant files an action arising from a consumer credit transaction in an improper venue far from the home of the customer, the customer may write a letter to the judge before whom the action is pending, asking what will occur next. The customer may do so without realizing that venue is improper, without realizing where the action should have been venued and without knowing that he has the right to have the action dismissed due to the improper venue. Were that letter to constitute both an appearance and a waiver, a customer could lose the right to proper venue, together with the right to dismissal of the action, before the customer was aware of those rights.
ii. Waives
¶ 33. The term, waives or waiver, functions differently in different circumstances.8 For example, under Wisconsin's rules of civil procedure, certain affirmative defenses are waived unless raised in the first responsive [154]*154pleading or raised by motion made prior to answering. See Wis. Stat. § 802.06(2).9 This is a statutorily defined waiver. Although we are interpreting a statute, Wis. Stat. § 421.401(2), the legislature has not defined what acts constitute waiver under § 421.401(2).
¶ 34. Waiver has been interpreted under common law in a number of circumstances that have required various showings depending on the context in which the claimed waivers arose. For example, the waiver of a fundamental constitutional right requires a knowing, intelligent and voluntary waiver. See State v. Klessig, 211 Wis. 2d 194, 204, 564 N.W.2d 716 (1997) (requiring a knowing, intentional and voluntary waiver of the right to counsel). The Klessig standard is a high standard that involves an inquiry by the court before which the potential waiver is occurring to determine whether the parameters of waiver are met. State v. Weed, 2003 WI 85, ¶ 39, 263 Wis. 2d 434, 666 N.W.2d 485.
¶ 35. We recently discussed common law waiver in State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612. There we examined whether Ndina had [155]*155waived his Sixth Amendment right to a public trial. Id., ¶ 2. In so doing, we explained the distinction between forfeiture and waiver. We noted that "cases sometimes use the words 'forfeiture' and 'waiver' interchangeably!; however,] the two words embody very different legal concepts." Id., ¶ 29." Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the intentional relinquishment or abandonment of a known right.'" Id. (quoting United States v. Olano, 507 U.S. 725, 733 (1993) (internal quotations and citations omitted)); see also Rao v. WMA Sec., Inc., 2008 WI 73, 102, 310 Wis. 2d 623, 752 N.W.2d 220 (Prosser, J., dissenting) (explaining that 'waiver' is the intentional relinquishment or abandonment of a known right and forfeiture is a failure to timely assert a right); State v. Kelty, 2006 WI 101, ¶¶ 62-63, 294 Wis. 2d 62, 716 N.W.2d 886 (Abrahamson, C.J., concurring) (acknowledging the distinction between forfeiture and waiver); State v. Huebner, 2000 WI 59,11 n.2, 235 Wis. 2d 486, 611 N.W.2d 727 (same).10
[156]*156¶ 36. Establishing that a party knew of the right at issue is essential to establishing waiver.
[I]t must be shown by the party claiming a waiver that the person against whom the waiver is asserted had at the time knowledge... of the existence of his rights. ... Ignorance of a material fact negatives a waiver. Waiver cannot be established by a consent given under a mistake of fact.
Davies v. J.D. Wilson Co., 1 Wis. 2d 443, 467, 85 N.W.2d 459 (1957) (quoting 56 Am. Jur. Waiver § 14). Stated differently, a valid waiver that intentionally relinquishes a right must be done with actual knowledge of the right being waived.
¶ 37. We conclude that waiver under Wis. Stat. § 421.401(2) requires the intentional relinquishment of a known right.11 The right being waived here is a [157]*157defendant's right to proper venue, coupled with the right of dismissal if the case is not properly venued. See Wis. Stat. § 421.401(1)(a)-(c); § 421.401(2)(b). Accordingly, to establish a valid waiver, it must be proved by the party claiming waiver that the defendant knew the place of proper venue and knew that he had the right to dismissal of the case when it was not properly venued.
¶ 38. In addition to knowledge of the place of proper venue and the right to dismissal of an improperly venued action, a plaintiff must also prove that the rights to proper venue and dismissal of an improperly venued action were intentionally relinquished. Intentional relinquishment may be demonstrated by an express statement or by conduct. Fraser v. Aetna Life Ins. Co., 114 Wis. 510, 523-24, 90 N.W. 476 (1902); see also Estate of Ross v. Ross, 181 Wis. 125, 134, 194 N.W. [158]*158151 (1923). Intentional relinquishment by conduct occurs when a party's conduct is "so inconsistent with a purpose to stand upon one's rights as to leave no room for a reasonable inference to the contrary." Fraser, 114 Wis. at 523-24. Stated differently, a party intentionally relinquishes a known right by affirmative acts unambiguously demonstrating that his conduct is intentionally undertaken and meant to give up the right to proper venue.
¶ 39. Applying these principles here, we conclude that a defendant may waive the improper venue by filing a written stipulation with the court or by oral stipulation made in open court and entered in the record, which demonstrates that the defendant is aware of his right to proper venue and that he intends to relinquish this right rather than having the action dismissed. This establishes waiver by express statement. We further conclude that a defendant may waive the right to proper venue by affirmative acts that unambiguously demonstrate that he knows the place of proper venue, as well as the right to dismissal of the improperly venued action against him, and that he nonetheless intends to relinquish such rights. This establishes waiver by conduct.
¶ 40. Our interpretation of "waives" is supported by the plain meaning of Wis. Stat. § 421.401(2), which sets no time limitation for objections to venue. That is, unlike Wis. Stat. § 801.51, which limits the time during which a defendant may challenge venue thereunder, the Wisconsin Consumer Act's venue provision does not contain a time limit. Moreover, § 421.401(2) states, "[w]hen it appears from the return of service of the summons or otherwise" that the venue is improper in an action arising from a consumer credit transaction, the court must dismiss the action unless the defendant [159]*159appears and waives the defect in venue. (Emphasis added.) This language establishes that the issue of improper venue is to be addressed whenever it is raised by a defendant, not only when it is raised at the outset of litigation. Accordingly, our interpretation correctly places the onus on plaintiffs, typically creditors, to properly venue an action or risk dismissal when the defendant brings the improper venue to the circuit court's attention.
¶ 41. Although the plain meaning of Wis. Stat. § 421.401(2) of the Wisconsin Consumer Act supports our interpretation, we observe that the legislative history of the venue provision governing consumer credit transactions also supports our conclusion that objections to venue need not be made at the initial stage of the litigation. See Kalal, 271 Wis. 2d 633, ¶ 51. The legislative history confirms that we properly rejected Brunton's assertion that improper venue is waived if not challenged in a defendant's answer or first responsive pleading. In 1983, the legislature created the specialized venue provisions for actions arising from consumer credit transactions. 1983 Wis. Act 389; see Wis. Stat. § 425.501(2) (1983-84). The language of § 425.501(2) explicitly required such venue challenges to be brought at the outset of litigation. It stated:
When, in any action under this chapter, it appears from the return of service of the summons or otherwise that the county in which the action is pending is not a proper place of trial of such action under this section, the court shall, on motion of a party or on its own motion, on the return day of the summons or prior to taking any other action on the case, determine the correctness of the venue. If venue is correct the case shall continue. If venue is not correct, the court shall dismiss the action unless the defendant appears and [160]*160waives the improper venue. If the defendant does not appear and waive the improper venue, the court shall lack jurisdiction other than to dismiss the action.
§ 425.501(2) (1983-84) (emphasis added).
¶ 42. Then, in 1987, the legislature consolidated the venue provisions for actions arising from consumer credit transactions and consumer transactions in Wis. Stat. § 421.401(2). See 1987 Wis. Act 208. In 1987 Wis. Act 208, the legislature removed a portion of the venue provision; specifically, it removed the language requiring the court to determine whether venue was proper at the outset of the litigation. We note that there have not been any changes to the language of § 421.401(2) since 1987. We conclude that it is reasonable to infer that with removal of the directive to consider venue at the outset of the litigation, the legislature intended that the issue of improper venue in actions arising from consumer credit transactions be considered whenever it is raised.
¶ 43. Additionally, our conclusion that waiver under Wis. Stat. § 421.401(2) may be established by demonstrating a defendant's knowledge of the proper place of venue and the statutory right to dismissal of an action improperly venued and that he unambiguously intends to relinquish those rights furthers the purposes underlying the Wisconsin Consumer Act. See Wis. Stat. § 421.102(2)(b)-(c). For example, were we not to require the intentional relinquishment of a known right to proper venue, a merchant could file an action in a locale far distant from a customer's residence, thereby making defense of the action very difficult. The merchant could then ask the customer to agree to the venue by convincing the customer that it is customary to do so, or for some other reason that does not acknowledge the [161]*161statutory right to dismissal of an improperly venued action. If a customer did not know the place of proper venue or that he or she could demand dismissal of the action, the customer may sign such an agreement waiving the improper venue to his or her detriment.
¶ 44. Our construction of the term "waives," requiring the intentional relinquishment of the known right to proper venue, coupled with the right to dismissal of the case when venue is improper, will discourage sharp practices by merchants and protect customers, thereby comporting with the legislature's specific instructions. Wis. Stat. § 421.102(2)(b)-(c).
¶ 45. Our construction is also in accordance with the policies underlying a federal consumer credit protection act, policies with which we are instructed to coordinate our interpretations of the Wisconsin Consumer Act. Wis. Stat. § 421.102(2) (d). The Fair Debt Collection Practices Act (FDCPA)12 is a federal consumer protection act contained in 15 U.S.C. § 1692 et seq. (2006).13 Federal courts have interpreted claims of [162]*162unfair debt collection practices "through the lens of the 'least sophisticated debtor' or 'least sophisticated consumer' standard.'" Gammon v. GC Servs. Ltd. P'ship, 27 F.3d 1254, 1257 (7th Cir. 1994) (internal quotations omitted). "The basic purpose of the least-sophisticated-consumer standard is to ensure that the FDCPA protects all consumers, the gullible as well as the shrewd." Clomon v. Jackson, 988 F.2d 1314, 1318 (2d Cir. 1993). In regard to various levels of sophistication, the United States Supreme Court has opined:
The fact that a false statement may be obviously false to those who are trained and experienced does not change its character, nor take away its power to deceive others less experienced. There is no duty resting upon a citizen to suspect the honesty of those with whom he transacts business. Laws are made to protect the trusting as well as the suspicious.
Fed. Trade Comm'n v. Standard Educ. Soc'y, 302 U.S. 112, 116 (1937) (quoted in Clomon, 988 F.2d at 1318).
¶ 46. In Gammon, the United States Court of Appeals for the Seventh Circuit modified the "least sophisticated consumer" standard to the "unsophisticated consumer" to describe "the hypothetical consumer whose reasonable perceptions will be used to determine if collection messages are deceptive or misleading." Gammon, 27 F.3d at 1257. It did so in order to continue to protect unsophisticated consumers while accounting for "unrealistic or peculiar interpretations of collection letters." Id. In applying the unsophisticated consumer standard, the Seventh Circuit concluded, "[t]he lañ[163]*163guage in the collection letter [under review] appears to be cleverly drafted in order to insinuate what obviously cannot be stated directly." Id. at 1258. In so doing, it focused on the unfairness that was present and was to be eliminated under federal law. Id. Our interpretation of the waiver described in Wis. Stat. § 421.401(2) as requiring the intentional relinquishment of the known right to proper venue coupled with the statutory right to dismissal of the case when venue is improper, is consistent with federal policy. This is so because our interpretation will protect unsophisticated consumers by preventing them from inadvertently waiving the right to proper venue and dismissal of an action that is improperly venued.
3. Application of Wis. Stat. § 421.401(2)
¶ 47. We have concluded that Wis. Stat. § 421.401(2) requires both appearance and waiver, demonstrating intent to relinquish the known right to proper venue, coupled with the known right to dismissal of the improperly venued action. Accordingly, we apply that standard to Nuvell to determine whether Nuvell appeared and waived the improper venue prior to its motion for summary judgment of dismissal.
¶ 48. There is no dispute that Nuvell appeared in this case. Nuvell first appeared in the action on February 2, 2006, when it filed a notice of appearance and its answer.
¶ 49. We conclude that Nuvell did not expressly waive the improper venue. This is so because there was no written stipulation filed with the court or oral stipulation made in open court on the record stating [164]*164that Nuvell intended to waive its right to proper venue. As such, any waiver could have occurred only by conduct.
¶ 50. Brunton contends that Nuvell's continued litigation of this action for over a year constitutes waiver. We disagree. Continued litigation of an action does not unambiguously demonstrate an intention to relinquish the right to proper venue. This is so because such conduct may also reasonably be interpreted as Nuvell defending itself against Brunton's lawsuit.14 See Kalal, 271 Wis. 2d 633, ¶ 47 (explaining that to be unambiguous requires being susceptible to only one reasonable interpretation).
¶ 51. Brunton argues that Nuvell had the burden to challenge the improper venue once Nuvell knew of it.15 We are unpersuaded. There is no dispute that both [165]*165parties knew that the action had been improperly filed in Dane County because on August 9, 2006, Brunton's lawyer raised the issue of improper venue with Nuvell at a scheduling conference in the Rock County action. We conclude that it was Brunton who had the responsibility to properly venue her action. Therefore, Nuvell's continued litigation may reasonably be interpreted as defending against the claims asserted in Brunton's lawsuit.
¶ 52. When Nuvell refused to stipulate to Brunton's transfer of the action to Rock County so Brunton could avoid dismissal of the action, it was Brunton who chose to continue to disregard the venue defect of her own making and to risk dismissal of her lawsuit.16 Nuvell's refusal to stipulate to transferring venue to Rock County does not demonstrate its intention to waive the improper venue; rather, it may reasonably be interpreted as demonstrating Nuvell's intent to stand on its right to proper venue, including the right to have an improperly venued action against it dismissed.
¶ 53. There is nothing in the record that establishes that Nuvell intentionally, by affirmative actions, relinquished its right to proper venue or its statutory [166]*166right to dismissal of the improperly venued action. Accordingly, we conclude Nuvell's conduct did not unambiguously demonstrate waiver of the improper venue, and, therefore, the circuit court properly dismissed this action.
III. CONCLUSION
¶ 54. The dispositive issue in this case is whether under Wis. Stat. § 421.401(2) Nuvell "appeared] and waive [d] the improper venue" such that dismissal of the action, which arose out of a consumer credit transaction, was not required. We conclude that appearance and waiver under § 421.401(2) requires two actions: (1) an appearance established by conduct recognized under the law as appearance and (2) waiver established by the defendant's knowledge of the proper venue and the intentional relinquishment of the right to proper venue. Nuvell appeared by responsive pleading, court appearances and litigating its defenses. However, neither Nuvell's failure to raise the improper venue in its answer nor its other appearances in this action constituted an intentional relinquishment of the right to proper venue. Because Nuvell did not both appear and waive the improper venue, the circuit court was required to dismiss the action when Nuvell raised the venue defect. See § 421.401(2)(b). Accordingly, we reverse the decision of the court of appeals.
By the Court. — The decision of the court of appeals is reversed and the action is remanded to the circuit court for dismissal.