Amendment SSA1-AB169

AB169-SSA1,3,9 (b) Bill a consumer for consumer goods or services at a price that is higher than a price previously agreed upon between the seller and consumer unless the consumer agrees to the higher price before the consumer is billed. This paragraph does not prohibit a seller from increasing the price of goods or services delivered under a sale or lease agreement of indefinite duration, if the seller gives the consumer advance reasonable disclosure of the proposed increase and the opportunity to cancel the agreement without penalty prior to any delivery at the increased price.

AB169-SSA1,3,12 (c) Bill a consumer for a delivery of consumer goods or services that the seller initiates under an agreement that is no longer in effect when the seller initiates the delivery.

AB169-SSA1,3,17 (d) Offer a consumer any prize or prize opportunity or free or reduced-price goods or services, the acceptance of which commits the consumer to receive or pay for other consumer goods or services, unless the seller makes a disclosure of that commitment in connection with every announcement or advertisement of the prize, prize opportunity or free or reduced-price goods or services.

AB169-SSA1,3,21 (e) Misrepresent to a consumer, directly or by implication, that the consumer's failure to reject or return a delivery of consumer goods or services that was not authorized by the consumer constitutes an acceptance that obligates the consumer to pay for those goods or services.

AB169-SSA1,3,24 (3) Acceptance of free goods or services. For purposes of sub. (2), the acceptance of free goods or services does not, of itself, constitute an agreement to purchase or lease the goods or services.

AB169-SSA1,4,3 (4) Rules. (a) The department shall promulgate rules for the regulation of sales plans in which consumer goods or services are delivered to a consumer before the consumer agrees to purchase or lease the goods or services.

AB169-SSA1,4,10 (b) The secretary shall appoint an advisory committee to make recommendations regarding the content and scope of any rule promulgated under par. (a). The recommendations of the advisory committee, if any, shall be submitted to the board of agriculture, trade and consumer protection and to the presiding officer of each house of the legislature as part of the report required under s. 227.19 (2). The advisory committee shall consist of the attorney general or his or her designee and the following persons appointed by the secretary:

AB169-SSA1,4,11 1. One or more persons who is a consumer in this state.

AB169-SSA1,4,13 2. One or more persons who is employed in this state by a direct marketing employer.

AB169-SSA1,4,14 3. One or more persons who represents senior citizens.

AB169-SSA1, s. 2 Section 2. 100.197 of the statutes is created to read:

AB169-SSA1,4,16 100.197 Lawn care service contracts. (1) Definitions. In this section:

AB169-SSA1,4,18 (a) "Consumer" means an individual to whom a provider sells or leases, or offers to sell or lease, lawn care services.

AB169-SSA1,4,23 (b) "In writing" means legibly printed on paper or another tangible nonelectronic medium that is delivered to the consumer, or legibly printed in an electronic form that the consumer can electronically retrieve, store or print for future reference. "In writing" does not include presentation on a medium, such as a billboard, that cannot be conveniently retained by a consumer.

AB169-SSA1,4,25 (c) "Lawn care services" means any of the following services provided in or around a consumer's personal residence for nonagricultural purposes:

AB169-SSA1,5,2 1. Application of a fertilizer, a pesticide or a soil or plant additive intended to promote plant growth or health.

AB169-SSA1,5,3 2. A plant mowing or trimming service.

AB169-SSA1,5,5 (d) "Provider" means a person who sells or leases, or offers to sell or lease, lawn care services to consumers.

AB169-SSA1,5,7 (e) "Written disclosure" means a clear and conspicuous statement in writing that is designed to be readily noticed and understood by the consumer.

AB169-SSA1,5,11 (2) Continuing contract; required terms; annual disclosure. (a) No contract for lawn care services may be in effect for more than one year unless, in the 2nd and any subsequent year, the provider makes a written disclosure at least 30 days before providing lawn care services under the contract in that year.

AB169-SSA1,5,13 (b) A written disclosure under this subsection shall include all of the following information:

AB169-SSA1,5,15 1. The lawn care services included in the contract, and the price and frequency of those lawn care services.

AB169-SSA1,5,16 2. The right of the consumer to cancel the contract as provided in par. (c).

AB169-SSA1,5,20 (c) A contract for lawn care services that may be in effect for more than one year shall allow the consumer the right to cancel the contract, at no cost to the consumer, if the consumer cancels within 30 days after receiving a written disclosure from the provider.

AB169-SSA1, s. 3 Section 3. 100.198 of the statutes is created to read:

AB169-SSA1,5,24 100.198 Unfair billing; lawn care services; penalties and remedies. (1) Investigation. The department may exercise its authority under ss. 93.14 and 93.15 to investigate violations of s. 100.195 or 100.197.

AB169-SSA1,6,5 (2) Civil actions by private persons. Any person suffering pecuniary loss because of a violation of s. 100.195 or 100.197 may commence an action for the pecuniary loss and if the person prevails, the person shall recover twice the amount of the pecuniary loss or $200 for each violation, whichever is greater, together with costs, including reasonable attorney fees.

AB169-SSA1,6,10 (3) Injunction and restitution. The department may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of s. 100.195 or 100.197. Before entry of final judgment, the court may make any necessary orders to restore to any person any pecuniary loss suffered by the person because of the violation.

AB169-SSA1,6,13 (4) Civil forfeiture. 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 less than $100 nor more than $10,000 for each violation of s. 100.195 or 100.197.

AB169-SSA1,6,16 (5) Criminal penalties. A person who violates s. 100.195 or 100.197 is subject to a fine of not less than $25 nor more than $5,000 or imprisonment not to exceed one year or both for each violation.

AB169-SSA1,6,20 (6) Additional remedies. Sections 100.195 and 100.197 do not preempt the administration or enforcement of s. 100.18 or 100.20. Practices in violation of s. 100.195 or 100.197 may also constitute unfair methods of competition or unfair trade practices under s. 100.20 or fraudulent representations under s. 100.18.

AB169-SSA1, s. 4 Section 4. 165.25 (4) (ar) of the statutes is amended to read:

AB169-SSA1,7,2 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.18, 100.182, 100.195, 100.197, 100.20, 100.205, 100.207, 100.21, 100.28, 100.50, 134.22, 134.42, 134.68, 134.70, 134.74, 134.83 and 134.85 and chs. 136, 344, 704, 707 and 779, together with any other services as are necessarily connected to the legal services.

AB169-SSA1, s. 5 Section 5. 814.04 (intro.) of the statutes, as affected by 1997 Wisconsin Acts 55 and .... (Senate Bill 384), is amended to read:

AB169-SSA1,7,8 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.198 (2), 100.30 (5m), 106.04 (6) (i) and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

AB169-SSA1, s. 6 Section 6. Initial applicability.

AB169-SSA1,7,11 (1) Unfair billing. The treatment of section 100.195 of the statutes first applies to violations committed on the effective date of this subsection.

AB169-SSA1,7,13 (2) Lawn care service contracts. The treatment of section 100.197 of the statutes first applies to contracts entered into on the effective date of this subsection.

AB169-SSA1, s. 7 Section 7. Effective date.

AB169-SSA1,7,16 (1) This act takes effect on first day of the 10th month beginning after publication.

AB169-SSA1,7,17 (End)