A person may not make a facsimile solicitation without the consent of the person solicited unless all of the following apply:
The document transmitted by facsimile machine does not exceed one page in length and is received by the person solicited after 9 p.m. and before 6 a.m.
The person making the facsimile solicitation has had a previous business relationship with the person solicited.
The document transmitted by facsimile machine contains the name of the person transmitting the document.
Notwithstanding par. (a)
, a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing, by telephone, or by facsimile transmission that the person does not want to receive facsimile solicitation.
A facsimile solicitor who receives notice under par. (b)
may not disclose to another the facsimile transmission number of the person who gave the notice under par. (b)
. Each disclosure of a facsimile transmission number is a separate violation of this paragraph.
This section applies to any intrastate facsimile solicitation.
This section applies to any interstate facsimile solicitation received by a person in this state.
A person who violates this section may be required to forfeit not more than $500.
Identification of prisoner making telephone solicitation. 134.73(1)(b)
"Prisoner" means a prisoner of any public or private correctional or detention facility that is located within or outside this state.
"Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:
To encourage a person to purchase property, goods, or services.
A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:
Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.
This section applies to any intrastate telephone solicitation.
This section applies to any interstate telephone solicitation received by a person in this state.
A prisoner who violates this section may be required to forfeit not more than $500.
If a person who employs a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under s. 134.99
, the person may be required to forfeit not more than $10,000.
History: 2001 a. 16
Nondisclosure of information on receipts. 134.74(1)(b)
"Debit card" means a plastic card or similar device that may be used to purchase goods or services by providing the purchaser with direct access to the purchaser's account at a depository institution.
"Depository institution" means a bank, savings bank, savings and loan association, or credit union.
Beginning on August 1, 2005, no person who is in the business of selling goods at retail or selling services and who accepts a credit card or a debit card for the purchase of goods or services may issue a credit card or debit card receipt, for that purchase, on which is printed more than 5 digits of the credit card or debit card number.
This section does not apply to any person who issues a credit card or debit card receipt that is handwritten or that is manually prepared by making an imprint of the credit card or debit card.
History: 2001 a. 109
Beverage container regulation. 134.77(1)(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.
"Beverage container" means an individual, separate, sealed plastic or metal container for a beverage.
(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.
(b) Paragraph (a)
does not prohibit the sale of a beverage container which:
Is sealed with laminated tape, foil or other soft material that is detachable.
Contains milk-based, soy-based or similar products which require heat and pressure in the canning process.
(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.
Any person who violates sub. (2)
shall forfeit not more than $500 for each violation. Each day of violation constitutes a separate offense.
History: 1987 a. 108
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. 16.27
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:
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.
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.
History: 1987 a. 102
Automated teller machines; international charges. 134.85(1)(a)
"Automated teller machine" means any electronic information processing device located in this state that accepts or dispenses cash in connection with a credit, deposit, or other account. "Automated teller machine" does not include a device that is used solely to facilitate check guarantees or check authorizations, or that is used in connection with the acceptance or dispensing of cash on a person-to-person basis.
"Foreign account" means an account with a financial institution located outside the United States.
An agreement to operate or share an automated teller machine may not prohibit an owner or operator of the automated teller machine from imposing on an individual who conducts a transaction using a foreign account an access fee or surcharge that is not otherwise prohibited under federal or state law.
History: 2007 a. 48
Repair, replacement and refund under new motorized wheelchair warranties. 134.87(1)(a)
"Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other assistive device for mobility.
The purchaser of a motorized wheelchair, if the motorized wheelchair was purchased from a motorized wheelchair dealer or manufacturer for purposes other than resale.
A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motorized wheelchair.
A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease.
"Demonstrator" means a motorized wheelchair used primarily for the purpose of demonstration to the public.
"Early termination cost" means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under sub. (3) (b) 3.
"Early termination cost" includes a penalty for prepayment under a finance arrangement.
"Early termination savings" means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under sub. (3) (b) 3.
"Early termination savings" includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.
"Manufacturer" means a person who manufactures or assembles motorized wheelchairs and agents of that person, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's motorized wheelchairs, but does not include a motorized wheelchair dealer.
"Motorized wheelchair" means any motor-driven wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state.
"Motorized wheelchair dealer" means a person who is in the business of selling motorized wheelchairs.
"Motorized wheelchair lessor" means a person who leases a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease.
"Nonconformity" means a condition or defect that substantially impairs the use, value or safety of a motorized wheelchair, and that is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the motorized wheelchair by a consumer.
"Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner:
The same nonconformity with the warranty is subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair dealers at least 4 times and the nonconformity continues.
The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.
A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express warranty for the motorized wheelchair. The duration of the express warranty shall be not less than one year after first delivery of the motorized wheelchair to the consumer. If a manufacturer fails to furnish an express warranty as required by this subsection, the motorized wheelchair shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this subsection.
If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair dealers and makes the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired.
If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under subd. 2.
, whichever is appropriate.
Accept return of the motorized wheelchair and replace the motorized wheelchair with a comparable new motorized wheelchair and refund any collateral costs.