LRB-2843/1
CTS:kjf:jf
2009 - 2010 LEGISLATURE
June 8, 2009 - Introduced by Representatives Roys, Schneider, Berceau, Black,
A. Ott, Jorgensen, Pope-Roberts, Zepnick, Gunderson and Hintz,
cosponsored by Senators Erpenbach, Taylor, Coggs, Hansen and Vinehout.
Referred to Committee on Consumer Protection.
AB307,1,3
1An Act to repeal 100.52 (10) (b);
to renumber and amend 100.52 (10) (a); and
2to create 100.52 (11) of the statutes;
relating to: penalties and private actions
3for violations of restrictions on telephone solicitations.
Analysis by the Legislative Reference Bureau
Current law regulates telephone solicitation, defined as the unsolicited
initiation of a telephone conversation for the purpose of encouraging the recipient of
the telephone call to purchase property, goods, or services. Generally, under current
law, a telephone solicitor may not make a telephone solicitation to a residential
customer if the customer's telephone number is included in a directory, maintained
by the Department of Agriculture, Trade and Consumer Protection (DATCP), listing
residential customers who do not wish to receive telephone solicitations. Violations
of current provisions regulating telephone solicitation are subject to a forfeiture of
$100.
This bill increases the penalty for a violation to a forfeiture of not less than
$1,000 nor more than $10,000. The bill also permits a person who suffers damages
as a result of a violation to bring an action for injunctive relief and for actual damages
or $500 per violation, whichever is greater.
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:
AB307, s. 1
1Section
1. 100.52 (10) (a) of the statutes is renumbered 100.52 (10) and
2amended to read:
AB307,2,53
100.52
(10) Except as provided in par. (b), a A person who violates this section
4may be required to forfeit
$100 not less than $1,000 nor more than $10,000 for each
5violation.
AB307, s. 2
6Section
2. 100.52 (10) (b) of the statutes is repealed.
AB307, s. 3
7Section
3. 100.52 (11) of the statutes is created to read:
AB307,2,138
100.52
(11) Private cause of action. Any person who suffers damages as the
9result of another person's violation of this section or any rule promulgated by the
10department under this section may bring an action against the violator for injunctive
11relief and to recover the amount of those damages or $500 for each violation,
12whichever is greater. Notwithstanding s. 814.04 (1), in an action under this
13subsection, the court shall award a prevailing plaintiff reasonable attorney fees.
