Prior to the effective date of any order issued under par. (a)
, the commissioner must provide written notice of the order to the warrantor and the opportunity for a hearing to be held within 10 business days after receipt of the notice.
Notwithstanding subd. 1.
, if the commissioner reasonably believes that the warrantor is or is about to become insolvent, prior notice and a hearing are not required.
A person aggrieved by an order issued under par. (a)
may request a hearing before the commissioner. Section 601.62
applies to a hearing commenced under this paragraph.
At the hearing, the commissioner bears the burden of proving that the order issued under par. (a)
is justified. Chapter 227
applies to a hearing request under this subsection.
The commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief to enjoin a threatened or existing violation of this section or of a rule or order of the commissioner promulgated or issued under this section. An action filed under this paragraph may seek restitution on behalf of persons injured by a violation of this section or a violation of a rule or order of the commissioner promulgated or issued under this section.
A person who violates this section or a rule or order of the commissioner promulgated or issued under this section may be ordered to forfeit to the state an amount determined by the commissioner, but not more than $500 per violation and not more than $10,000 for all violations of a similar nature. Violations are of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice that violated this section or a rule or order promulgated or issued under this section occurred.
History: 2003 a. 302
Motor vehicle rustproofing warranties. 100.205(1)(a)
"Advertisement" means any oral, written, printed or graphic statement, claim or representation concerning rustproofing which is made in connection with the solicitation or sale of rustproofing.
"Retail customer" means the person for whom rustproofing is ultimately intended.
"Rustproofing" means the application of materials and processes intended or represented to prevent or control rusting or corrosion of a motor vehicle as defined in s. 340.01 (35)
"Seller" means any person who sells rustproofing to a retail customer, including a person who sells a motor vehicle which has rustproofing listed as an element of the total selling price, whether or not ordered by the retail customer.
"Warranted party" means the retail customer or another person to whom warranty rights have been assigned or transferred under the warranty.
"Warrantor" means any person who gives or offers to give a warranty.
"Warranty" means any written representation, made to a retail customer, which asserts that the rustproofing will meet a specified level of performance or duration or establishes conditions under which the warrantor will compensate the retail customer or rectify any failure to meet the specified level of performance or duration.
All rustproofing warranties shall be in writing and contain the following provisions:
Clear identification of all warrantors and their addresses, the name and address of the person to whom warranty claims are to be made and the place where inspection of the warranted motor vehicle is to be made.
Each condition limiting the warranted party's rights under the warranty.
The name and address of the insurer of the warranty in the event of the warrantor's insolvency or bankruptcy.
No rustproofing warranty may contain:
A limit on the number of claims which can be made under the warranty.
A warrantor's option of returning the purchase price in lieu of other remedies under the warranty.
A limit on the liability of the warrantor for any reason relating to misapplication of the rustproofing product.
An invalidation of the warranty on failure of the retail customer or the seller to register the warranty with the warrantor, if the retail customer or the seller has documentary proof that the rustproofing was paid for.
An exclusion of warranty coverage for manufacturer defects unless the part of the motor vehicle excluded and the basis for exclusion is specified in the warranty.
A limit on the transferability of a warranty during the specified term of the warranty.
Nothing in this section prevents a warrantor from designating a representative to perform duties under the warranty or relieves a warrantor of his or her responsibilities to a warranted party. A representative designated to perform duties under a warranty is not a warrantor unless he or she gives or offers to give a warranty.
No person may make any warranty advertisement which is untrue, deceptive or misleading as provided in s. 100.18
The specified term of a warranty shall be limited to that period preceding an inspection by the warrantor which is required to maintain the validity or original coverage of the warranty.
Use of "lifetime" or similar terms may not be used in an advertisement or warranty unless the term refers to the motor vehicle receiving the rustproofing and is not limited by the transfer of ownership of the motor vehicle.
No warrantor may fail to have a motor vehicle inspected within 30 days after receiving a claim under the warranty, if the warranted party makes the motor vehicle available for inspection to the warrantor or the warrantor's designee within that period. The inspection shall be within 30 miles of the place of business of the seller of the rustproofing, unless waived by the warranted party.
No warrantor may fail to notify a warranted party in writing within 30 business days after inspecting the motor vehicle whether the warranty claim will be allowed or denied. If a claim is denied in whole or in part, the reason for that denial shall be stated in writing. Notification is effective on mailing the warrantor's determination to the last address supplied to the warrantor by the warranted party or on personal delivery to the warranted party.
No warrantor may fail to comply with the terms of its warranty.
No warrantor or seller may impose a charge or require the purchase of any additional service by the warranted party in order to have an inspection completed if the continued validity of the warranty requires the inspection.
Every warrantor shall purchase a policy of insurance covering the financial integrity of its warranties. The policy of insurance shall be on a form approved by the commissioner of insurance and shall have the following minimum provisions:
The insurer shall be licensed to do business in this state or shall be an unauthorized foreign insurer, as defined in s. 600.03 (27)
, accepted by the office of the commissioner of insurance for surplus lines insurance in this state.
Each warranty issued in this state shall be covered by a policy of insurance.
In case of insolvency or bankruptcy of the warrantor, a warranted party may file a claim directly with the insurer.
In case of insolvency or bankruptcy of the warrantor, the insurer, upon receipt of a claim, shall cause a warranted party's vehicle to be inspected at the insurer's expense.
The termination provision shall state that the insurance provided shall continue with respect to all warranties issued before the date of termination.
The department, or any district attorney on informing the department, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, before entry of final judgment and after satisfactory proof, make orders or judgments necessary to restore to any person any pecuniary loss suffered because of a violation of this section. The department may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this section.
The department or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not more than $10,000 for each violation of this section.
In addition to other remedies, any person injured by a violation of this section may bring a civil action for damages under s. 100.20 (5)
Any person injured by a breach of a contract for rustproofing may bring an action against the warrantor or its insurer or both to recover damages, costs and disbursements, including reasonable attorney fees, and other relief determined by the court.
Wisconsin law authorizes, but does not require, the commissioner of insurance to demand periodic reports from an insurer relating to rustproofing warranties it insures. The commissioner has authority to require an insurer to increase the amount of insurance backing a rustproofer's warranties in Wisconsin. This section was not intended to negate the application of general insurance law to rustproofing warranties. 78 Atty. Gen. 113
Remedies for motor vehicle purchasers. Nicks, WBB March, 1985.
Music royalty collections; fair practices. 100.206(1)(a)
"Copyright owner" means the owner of a copyright that is of a musical work and that is recognized and enforceable under 17 USC 101
, et seq. "Copyright owner" does not include the owner of a copyright that is of a motion picture or audiovisual work or that is of part of a motion picture or audiovisual work.
"Musical work" means a nondramatic musical work or a work of a similar nature.
"Performing rights society" means an association or corporation that licenses the public performance of musical works on behalf of one or more copyright owners.
"Proprietor" means the owner of a retail establishment or a restaurant.
"Restaurant" includes an inn, bar, tavern or sports or entertainment facility in which the public may assemble and in which musical works may be performed or otherwise transmitted for the enjoyment of the public.
"Royalties" means the fees payable to a copyright owner or performing rights society for the public performance of a musical work.
A performing rights society shall do all of the following:
File annually for public inspection with the department all of the following:
A certified copy of each document that is used at the time of filing by the performing rights society to enter into a contract with a proprietor who operates a retail establishment or restaurant in this state.
A list, that is the most current list available at the time of the filing, of the copyright owners who are represented by the performing rights society and of the musical works licensed by the performing rights society.
Make available, upon request of a proprietor, information as to whether a specific musical work is licensed under a contract entered into by the performing rights society and a copyright owner. A proprietor may request this information by telephone or other electronic means.
Make available, upon written request of a proprietor and at the sole expense of a proprietor, any of the information required to be on file under par. (a)
No performing rights society may enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless the performing rights society, at the time of the offer or between the time of the offer and 72 hours before the execution of the contract, provides to the proprietor a written notice of all of the obligations of the performing rights society as specified under sub. (2)
. The written notice shall also contain a statement as to whether the performing rights society is in compliance with any applicable federal law or court order that relates to the rates and terms of royalties to be paid by the proprietor or that relates to the circumstances or methods under which contracts subject to this section are offered to the proprietor.
No performing rights society may make an incomplete or false disclosure in the written notice required under par. (a)
A contract entered into or renewed in this state by a proprietor and a performing rights society for the payment of royalties shall be in writing and signed by the parties.
The information in the contract shall include all of the following:
The proprietor's name and commercial address and the name and location of each retail establishment and restaurant to which the contract applies.
The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of the rates during the term of the contract.
(5) Prohibited practices.
No employee or agent of a performing rights society may do any of the following:
Enter the commercial premises of a proprietor to discuss a contract under this section with the proprietor or his or her employees, without identifying himself or herself and making known the purpose of the visit before commencing any further communication with the proprietor or the proprietor's employees.
Engage in any coercive conduct, act or practice that disrupts the commercial premises of a proprietor in a substantial manner.
Use or attempt to use any deceptive act or practice in negotiating a contract with a proprietor or in collecting royalties from a proprietor.
(6) Civil remedy.
Any person damaged as a result of a violation of this section may bring a civil action to recover damages, court costs and, notwithstanding s. 814.04 (1)
, reasonable attorney fees. The person may also request in the action any other legal or equitable relief.
(7) Other rights and remedies.
This section does not limit any other right or remedy provided by law.
History: 1995 a. 284
; 1997 a. 35
; 1997 a. 111
; Stats. 1997 s. 100.206.
Telecommunications services. 100.207(1)
In this section, "telecommunications service" has the meaning given in s. 196.01 (9m)
(2) Advertising and sales representations.
A person may not make in any manner any statement or representation with regard to the provision of telecommunications service, including the rates, terms or conditions for telecommunications service, which is false, misleading or deceptive, or which omits to state material information with respect to the provision of telecommunications service that is necessary to make the statement not false, misleading or deceptive.