LRB-2954/1
MDK:wlj:rs
2005 - 2006 LEGISLATURE
June 14, 2005 - Introduced by Representatives Berceau, Black, Sheridan, Albers
and Ott, cosponsored by Senators Hansen and Risser. Referred to Committee
on Judiciary.
AB488,1,4 1An Act to amend 100.26 (4), 100.26 (4m) and 426.301 (1) of the statutes;
2relating to: civil forfeitures for certain fraudulent representations, deceptive
3advertising, and violations of the Wisconsin Consumer Act and providing a
4penalty.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Agriculture, Trade and Consumer
Protection enforces certain prohibitions against fraudulent representations and
deceptive advertising. A person who violates such a prohibition may be subject to
a civil forfeiture. The amount of the civil forfeiture depends on the prohibition
violated. In general, the civil forfeiture is not less than $50 nor more than $200 for
each violation. However, for a violation of a prohibition regarding business location
misrepresentations, the civil forfeiture is not less than $100 nor more than $10,000
for each violation. This bill provides that the civil forfeiture for any of the foregoing
violations is not less than $100 nor more than $10,000 for each violation. (The bill
does not affect a criminal penalty under current law that applies to violations of a
prohibition regarding schemes not to sell, purchase, hire, use, or lease merchandise,
real estate, securities, service, or employment as advertised.)
Also under current law, the Wisconsin Consumer Act (WCA) regulates credit
transactions that are entered into for personal, family, or household purposes and in
which the amount financed is $25,000 or less. A person who violates the WCA may
be subject to a civil forfeiture of not less than $100 nor more than $1,000 for each
violation. This bill allows a court, in addition to imposing a civil forfeiture, to award

restitution to any person suffering loss because of such a violation. If a court orders
restitution under the bill, the court must require that the defendant pay the
restitution before paying any forfeiture that is imposed.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB488, s. 1 1Section 1. 100.26 (4) of the statutes is amended to read:
AB488,2,32 100.26 (4) Any person who violates s. 100.18 (1) to (8) or (10) or 100.182 is
3subject to a civil forfeiture of not less than $50 nor more than $200 for each violation.
AB488, s. 2 4Section 2. 100.26 (4m) of the statutes is amended to read:
AB488,2,75 100.26 (4m) Any Except as provided in sub. (5), any person who violates s.
6100.18 (10r) is subject to a civil forfeiture of not less than $100 nor more than $10,000
7for each violation.
AB488, s. 3 8Section 3. 426.301 (1) of the statutes is amended to read:
AB488,2,169 426.301 (1) The administrator may recover in a civil action from a person who
10violates chs. 421 to 427 and 429 or any rule made pursuant to any authority granted
11in chs. 421 to 427 and 429, a civil penalty of not less than $100 and not more than
12$1,000 for each violation. The court may award restitution when appropriate to any
13person suffering loss because of such violations if proof of such loss is submitted to
14the satisfaction of the court. If the court orders restitution, the court shall require
15the defendant to pay the restitution before the defendant pays any forfeiture imposed
16under this subsection.
AB488, s. 4 17Section 4. Initial applicability.
AB488,3,2
1(1) This act first applies to violations that occur on the effective date of this
2subsection.
AB488,3,33 (End)
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