134.74(6)
(6) Compliance with other laws. Nothing in this section shall be construed to permit an activity prohibited by
s. 945.02 (3).
134.74(7)(a)(a) Whoever violates this section may be required to forfeit not less than $100 nor more than $5,000 for each violation.
134.74(7)(b)
(b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 2 years or both. A person intentionally violates this section if the violation occurs after the department of agriculture, trade and consumer protection or a district attorney has notified the person by certified mail that the person is in violation of this section.
134.74(8)
(8) Enforcement. The department of agriculture, trade and consumer protection shall investigate violations of this section. The department of agriculture, trade and consumer protection or any district attorney may on behalf of the state:
134.74(8)(a)
(a) Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this section. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this section if proof of such loss is submitted to the satisfaction of the court.
134.74(8)(b)
(b) Bring an action in any court of competent jurisdiction for the penalties authorized under
sub. (7).
134.74(9)
(9) Private action. In addition to any other remedies, a person suffering pecuniary loss because of a violation by another person of this section may bring an action in any court of competent jurisdiction and shall recover all of the following:
134.74(9)(a)
(a) The greater of $500 or twice the amount of the pecuniary loss.
134.74 History
History: 1991 a. 269,
315;
1995 a. 27.
134.77
134.77
Beverage container regulation. 134.77(1)(a)
(a) "Beverage" means any alcohol beverage, as defined in
s. 125.02 (1), malt beverage, tea, bottled drinking water, as defined under
s. 97.34 (1) (a), soda water beverage, as defined under
s. 97.34 (1) (b), or fruit or vegetable juice or drink which is intended for human consumption.
134.77(1)(b)
(b) "Beverage container" means an individual, separate, sealed plastic or metal container for a beverage.
134.77(2)
(2) Self-opening metal beverage containers. 134.77(2)(a)(a) No person may sell or offer for sale at retail in this state any metal beverage container so designed and constructed that it is opened by detaching a metal ring or tab.
134.77(2)(b)
(b) Paragraph (a) does not prohibit the sale of a beverage container which:
134.77(2)(b)1.
1. Is sealed with laminated tape, foil or other soft material that is detachable.
134.77(2)(b)2.
2. Contains milk-based, soy-based or similar products which require heat and pressure in the canning process.
134.77(3)
(3) Plastic connectors. No person may sell or offer for sale at retail in this state any beverage container if the beverage container is connected to another beverage container by means of a device constructed of a material which does not decompose by photodegradation or biodegradation within a reasonable time after exposure to weather elements.
134.77(4)
(4) Penalty. Any person who violates
sub. (2) or
(3) shall forfeit not more than $500 for each violation. Each day of violation constitutes a separate offense.
134.77 History
History: 1987 a. 108.
134.80
134.80
Home heating fuel dealers. Any dealer selling fuel of any kind for the purpose of heating a private residence shall notify each private residential customer whose account is subject to disconnection of the existence of the fuel assistance programs provided by the department of administration under
s. 16.385.
134.81
134.81
Water heater thermostat settings. No person who manufactures water heaters may sell any new water heater designed for use in a dwelling unit, as defined in
s. 101.61 (1), unless that person does all of the following:
134.81(1)
(1) Sets the thermostat of the water heater at no higher than 125 degrees Fahrenheit or at the minimum setting of that water heater if the minimum setting is higher than 125 degrees Fahrenheit.
134.81(2)
(2) Attaches a plainly visible notice to the water heater warning that any thermostat setting above 125 degrees Fahrenheit may cause severe burns and consume energy unnecessarily.
134.81 History
History: 1987 a. 102.
134.83
134.83
Mail-order sales regulated. 134.83(1)(a)2.
2. While located in this state, receives a solicitation and orders goods from a seller for personal, family or household purposes.
134.83(1)(b)
(b) "Delivery period" means the time period clearly disclosed to the buyer in the solicitation for a mail order within which the ordered goods are to be shipped or, if there is no such disclosure, 30 days after the date of payment for the ordered goods.
134.83(1)(c)
(c) "Extended delivery period" means the extended period authorized under
sub. (3).
134.83(1)(d)
(d) "Mail order" means an order of goods by a buyer which the seller solicits and receives payment for without any face-to-face contact between the buyer and the seller.
134.83(1)(e)1.
1. Receipt by the seller of full or partial payment in the form of cash, check, money order or the like for a mail order; or
134.83(1)(e)2.
2. In a credit sale, the receipt by the seller of the information and authorization necessary to process the credit sale.
134.83(1)(f)
(f) "Seller" means a person who engages in mail-order solicitations, and includes representatives, employes or agents of a seller, however designated by the seller.
134.83(1)(g)2.
2. Delivery to a 3rd party carrier for delivery to the buyer or the buyer's designee; or
134.83(1)(g)3.
3. Delivery to a place clearly disclosed in the solicitation along with notice to the buyer or the buyer's designee of the arrival of the goods.
134.83(2)
(2) It is unlawful for a mail-order seller who receives payment from a buyer to permit the delivery period or extended delivery period, if any to elapse without complying with one of the following:
134.83(2)(b)
(b) Mailing a full refund to the buyer and nullifying any financial obligation incurred by the buyer for any ordered goods not shipped during the delivery period or extended delivery period, if any. The refund and nullification shall be made within a reasonable time after the seller becomes aware that the goods cannot be shipped within the delivery period or extended delivery period, if any, but not later than the end of the delivery period or extended delivery period, if any.
134.83(2)(c)
(c) Mailing the buyer notice as provided by
subs. (3) and
(4) during the delivery period and shipping the goods or making a full refund to and nullifying any obligation of the buyer for goods not shipped within the extended delivery period. The seller shall promptly make a full refund to and nullify any financial obligation of the buyer for goods not shipped if the seller receives a written cancellation request from the buyer during the extended delivery period.
134.83(3)
(3) If the seller mails a notice which complies with
sub. (4) to the buyer during the delivery period the delivery period may be extended to:
134.83(3)(a)
(a) The date specified by the seller in the notice but not later than 30 days after the expiration of the delivery period; or
134.83(3)(b)
(b) A later date authorized by the buyer in a written statement received by the seller within 30 days after the expiration of the delivery period and prior to cancellation under
sub. (2).
134.83(4)
(4) The notice required by
sub. (3) shall clearly and conspicuously inform the buyer:
134.83(4)(a)
(a) Of the specific date by which the goods will be shipped or that the shipping date is unknown.
134.83(4)(b)
(b) That if the seller, prior to shipping the goods, receives a written statement from the buyer requesting cancellation of the mail order the mail order will be canceled and the seller will promptly make a full refund to and nullify any financial obligation of the buyer for goods not shipped.
134.83(4)(c)
(c) That if the goods are not shipped by the date specified in the notice the mail order will be canceled and the seller will make a full refund to and nullify any financial obligation of the buyer for goods not shipped.
134.83(4)(d)
(d) That the delivery period may not be extended beyond 30 days unless, within 30 days after the expiration of the delivery period and prior to the cancellation of the mail order under
sub. (2), the seller receives written authorization from the buyer extending the delivery period to a specific later date.
134.83(5)
(5) The department of agriculture, trade and consumer protection or any district attorney may on behalf of the state:
134.83(5)(a)
(a) Bring an action for temporary or permanent injunctive or other relief in any circuit court for any violation of this section. The court may, in its discretion, make any order or judgment necessary to restore to any person any pecuniary loss suffered because of a violation of this section, if proof of the loss is submitted to the satisfaction of the court.
134.83(5)(b)
(b) Bring an action in any circuit court for the recovery of a civil forfeiture against any person who violates this section in an amount of not less than $100 nor more than $1,000 for each violation.
134.83(6)
(6) The department of agriculture, trade and consumer protection shall investigate violations of and enforce this section.
134.83(7)
(7) In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of this section may bring a civil action in any circuit court to recover twice the amount of the pecuniary loss, together with costs and disbursements, including reasonable attorney fees, and for equitable relief as determined by the court.
134.83(8)
(8) Any waiver by a buyer of the rights provided by this section is void.
134.83 History
History: 1979 c. 62;
1995 a. 27.
134.85
134.85
Motor fuel dealerships. 134.85(1)
(1)
Definitions. As used in this section:
134.85(1)(c)
(c) "Designated family member" means the spouse or child of a motor fuel dealer who has been designated in the most recent motor fuel dealership agreement with the motor fuel grantor as the successor to ownership of the motor fuel dealership and who either inherits ownership of the motor fuel dealership by will or intestate succession or who, in the case of the legal incapacity of the dealer, is appointed by a court as guardian for the motor fuel dealership.
134.85(2)
(2) Survivorship provisions required. Every motor fuel dealership agreement entered into, renewed or extended on or after December 1, 1987, shall contain all of the following provisions:
134.85(2)(a)
(a) Any designated family member may succeed to the ownership of the motor fuel dealership if all of the following conditions are met:
134.85(2)(a)1.
1. The designated family member gives the motor fuel grantor written notice of the intention to succeed to ownership of the motor fuel dealership within 60 days after the motor fuel dealer's death or legal incapacity.
134.85(2)(a)2.
2. Upon request of the motor fuel grantor, the designated family member provides personal and financial information reasonably necessary to determine under
par. (b) whether the succession should be honored.
134.85(2)(a)3.
3. The designated family member agrees to be bound by all terms and conditions of the existing motor fuel dealership agreement.
134.85(2)(a)4.
4. There does not exist good cause under
par. (b) for refusing to honor the succession.
134.85(2)(b)
(b) Good cause exists for refusing to honor a succession if a designated family member does not meet existing reasonable standards of the motor fuel grantor. The motor fuel grantor's existing reasonable standards may include requirements directly related to a person's management and technical skills, training and business experience, credit worthiness and other requirements directly related to a person's ability to operate the motor fuel dealership.
134.85(2)(c)
(c) If a motor fuel grantor believes in good faith, after requesting information under
par. (a) 2., that good cause exists for refusing to honor succession of the motor fuel dealership by a designated family member, the motor fuel grantor may, within 90 days after receipt of the information, give notice complying with
par. (d) to the designated family member.
134.85(2)(d)
(d) The notice under
par. (c) shall be in writing and shall include all of the following:
134.85(2)(d)1.
1. A statement of the motor fuel grantor's refusal to honor succession and of the specific grounds constituting good cause for the refusal.
134.85(2)(d)2.
2. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
134.85(2)(e)
(e) Except as provided in
par. (f), if the notice under
par. (c) is not given within the time period specified in
par. (c), the motor fuel grantor may not terminate the existing motor fuel dealership agreement with the designated family member under this section and may only terminate the existing motor fuel dealership agreement as otherwise permitted by law.
134.85(2)(f)
(f) Notwithstanding
pars. (b) to
(d) and
ss. 135.03 and
135.04, the motor fuel grantor may terminate the existing motor fuel dealership agreement with the designated family member if, in the 12 months following receipt of the notice under
par. (a) 1., the volume of motor fuel sold by the motor fuel dealership is less than 90% of the average annual volume of motor fuel sold by the motor fuel dealership in the 3 years preceding receipt of the notice under
par. (a) 1., and the motor fuel grantor, within 15 months following receipt of the notice under
par. (a) 1., gives notice in writing to the designated family member which includes all of the following:
134.85(2)(f)1.
1. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
134.85(2)(f)2.
2. A statement of the specific reasons for termination.
134.85(3)
(3) Enforcement of survivorship rights. 134.85(3)(a)(a) The department of agriculture, trade and consumer protection on behalf of the state or any person who claims injury as a result of a violation of
sub. (2) may bring an action for temporary or permanent injunctive relief in any circuit court. It is no defense to an action under this paragraph that an adequate remedy exists at law.
134.85(3)(b)
(b) In any proceeding to determine whether good cause exists under
sub. (2) (b), a motor fuel grantor has the burden of proving that the designated family member does not meet the motor fuel grantor's existing, reasonable standards.
