AB1-SSA1-SA2,258,2
23100.155 Sale of gift certificates; period of validity. (1) Period of validity.
24No person engaged in the business of selling goods or services may sell a gift
1certificate unless the period of validity for the redemption of the gift certificate is at
2least 2 years.
AB1-SSA1-SA2,258,6
3(2) Remedies. (a) The department may commence an action to restrain the
4violation of this section. The court may, before the entry of final judgment, make such
5orders or judgments as may be necessary to restore any pecuniary loss suffered by
6any person because of the violation of this section.
AB1-SSA1-SA2,258,107
(b) The court may order a person who commits a violation of this section to pay
8the reasonable and necessary costs of investigation and of prosecution incurred by
9the department, including attorney fees, related to the violation, notwithstanding s.
10814.04 (1).".
AB1-SSA1-SA2,258,1513
100.07
(6) Action Upon request of the department, an action to enjoin violation
14of this section may be commenced and prosecuted by the department
of justice in the
15name of the state in any court having equity jurisdiction.".
AB1-SSA1-SA2,258,18
17"
Section 263b. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.)
18and amended to read:
AB1-SSA1-SA2,258,2019
100.207
(1) Definition
Definitions. (intro.) In this section
,
20"telecommunications:
AB1-SSA1-SA2,258,21
21(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
AB1-SSA1-SA2,258,2423
100.207
(1) (am) "Telecommunications provider" has the meaning given in s.
24196.01 (8p).
AB1-SSA1-SA2,259,112
100.207
(3) (a) A person may not engage in negative option billing or negative
3enrollment of telecommunications services, including unbundled
4telecommunications services. A person may not bill a customer for
, or enroll a
5customer in, any telecommunications service that the customer did not affirmatively
6order unless that service is required to be provided by law, the federal
7communications commission
, or the public service commission. A customer's failure
8to refuse a person's proposal to provide a telecommunications service is not an
9affirmative request for that telecommunications service.
A customer's request to be
10enrolled in a particular telecommunications service is an affirmative request to be
11enrolled only in that particular telecommunications service.
AB1-SSA1-SA2,259,1513
100.207
(3g) Billing for other services. (a) A telecommunications provider
14may not bill a customer for any goods or services, other than telecommunications
15services, unless the customer consented to the billing.
AB1-SSA1-SA2,259,1716
(b) If a customer consents to being billed under par. (a), all of the following shall
17apply:
AB1-SSA1-SA2,259,2018
1. The telecommunications provider shall distinguish the billing for the other
19goods or services from the billing for the telecommunications service in a conspicuous
20manner.
AB1-SSA1-SA2,259,2221
2. The telecommunications provider shall provide a detailed itemized listing
22of the charges for the goods or services if requested to do so by the customer.
AB1-SSA1-SA2,259,2523
3. The telecommunication provider shall disclose to the customer at the time
24of each billing that the customer's telecommunications service will not be affected
25due to a failure to pay the billing.
AB1-SSA1-SA2,260,62
100.207
(5g) Restrictions on contracts. No telecommunications provider
3may place in a contract entered into with a customer located in this state a clause that
4provides that a law of a state other than this state applies to the parties or terms of
5the contract or the rights and remedies under the contract, unless the law of the other
6state is in conformity with the law of this state.
AB1-SSA1-SA2,260,118
100.207
(5m) Record requirements. Any person who provides
9telecommunications service to any customer in this state shall maintain each billing
10and collection record that is made in providing the telecommunications service for
11a period of 5 years beginning on the date that the record is made.
AB1-SSA1-SA2,261,213
100.207
(6) (b) 1. The department of justice, after consulting with the
14department of agriculture, trade and consumer protection, or any district attorney
15upon informing the department of agriculture, trade and consumer protection, may
16commence an action in circuit court in the name of the state to restrain by temporary
17or permanent injunction any violation of this section. Injunctive relief may include
18an order directing telecommunications providers, as defined in s. 196.01 (8p), to
19discontinue telecommunications service provided to a person violating this section
20or ch. 196.
Temporary injunctive relief may include an order requiring that a person
21who provides telecommunications services deposit in an escrow account any
22payments that the provider has received or is expected to receive from customers as
23a result of practices that may violate this section or ch. 196. Before entry of final
24judgment, the court may make such orders or judgments as may be necessary to
25restore to any person any pecuniary loss suffered because of the acts or practices
1involved in the action if proof of these acts or practices is submitted to the satisfaction
2of the court.
AB1-SSA1-SA2,261,94
100.207
(6) (c) Any person who violates
subs. (2) to (4) this section shall be
5required to forfeit not less than $25 nor more than
$5,000 $10,000 for each offense.
6Each day of violation constitutes a separate offense. Forfeitures under this
7paragraph shall be enforced by the department of justice, after consulting with the
8department of agriculture, trade and consumer protection, or, upon informing the
9department, by the district attorney of the county where the violation occurs.
AB1-SSA1-SA2,261,1611
100.207
(6) (em) 1. Before preparing any proposed rule under
this section par.
12(e), the department shall form an advisory group to suggest recommendations
13regarding the content and scope of the proposed rule. The advisory group shall
14consist of one or more persons who may be affected by the proposed rule, a
15representative from the department of justice
, and a representative from the public
16service commission.
AB1-SSA1-SA2,261,2118
100.207
(6) (g) Nothing in this subsection precludes the department from
19seeking a remedy or penalty in accordance with the rules promulgated under sub.
20(7). Practices in violation of sub. (3) may also constitute a violation of the rules
21promulgated under sub. (7).
AB1-SSA1-SA2,262,523
100.207
(7) Administration of federal communications commission rules. 24The department shall administer and enforce the federal communications
25commission's unauthorized carrier change rules and remedies under
47 CFR 64.1110
1to
64.1190 and shall notify the federal communications commission, in accordance
2with
47 CFR 64.1110 (a), of its intention to administer and enforce those rules and
3remedies. In addition to the rules promulgated under sub. (6) (e), the department
4shall promulgate rules that are consistent with the commission's unauthorized
5carrier change rules and remedies under
47 CFR 64.1110 to
64.1190.".
AB1-SSA1-SA2,262,8
7"
Section 263bb. 100.171 (7) (b) of the statutes, as affected by 2001 Wisconsin
8Act .... (this act), is amended to read:
AB1-SSA1-SA2,262,129
100.171
(7) (b) Whoever intentionally violates this section is guilty of a Class
10I felony. A person intentionally violates this section if the violation occurs after the
11department
of justice or a district attorney has notified the person by certified mail
12that the person is in violation of this section.
AB1-SSA1-SA2,262,1614
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
15violations of this section. The department
of justice or any district attorney may on
16behalf of the state:
AB1-SSA1-SA2,262,2018
100.173
(4) (intro.) The department
of justice shall investigate violations of this
19section. The department
of justice, or any district attorney upon informing the
20department
of justice, may, on behalf of the state, do any of the following:
AB1-SSA1-SA2,263,422
100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
23any court of competent jurisdiction for any violation of this section. The relief sought
24by the department
of justice or district attorney may include the payment by a
1promoter into an escrow account of an amount estimated to be sufficient to pay for
2ticket refunds. The court may, upon entry of final judgment, award restitution when
3appropriate to any person suffering loss because of violations of this section if proof
4of such loss is submitted to the satisfaction of the court.
AB1-SSA1-SA2,263,76
100.174
(5) (intro). The department
of justice or any district attorney may on
7behalf of the state:
AB1-SSA1-SA2,263,109
100.174
(6) The department
of justice shall investigate violations of and
10enforce this section.
AB1-SSA1-SA2,263,1712
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
13pay more than $100 for dating services before the buyer receives or has the
14opportunity to receive those services unless the person selling dating services
15establishes proof of financial responsibility by maintaining any of the following
16commitments approved by the department
of justice in an amount not less than
17$25,000:
AB1-SSA1-SA2,263,2419
100.175
(5) (b) The commitment described in par. (a) shall be established in
20favor of or made payable to the state, for the benefit of any buyer who does not receive
21a refund under the contractual provision described in sub. (3). The person selling
22dating services shall file with the department
of justice any agreement, instrument
23or other document necessary to enforce the commitment against the person selling
24dating services or any relevant 3rd party, or both.
AB1-SSA1-SA2,264,2
1100.175
(7) (a) (intro.) The department
of justice or any district attorney may
2on behalf of the state:
AB1-SSA1-SA2,264,74
100.175
(7) (b) The department
of justice may bring an action in circuit court
5to recover on a financial commitment maintained under sub. (5) against a person
6selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
7not receive a refund due under the contractual provision described in sub. (3).
AB1-SSA1-SA2,264,109
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
10department of justice.
AB1-SSA1-SA2,264,1312
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
13department of
health and family services justice.
AB1-SSA1-SA2,264,1915
100.18
(11) (a) The department of
agriculture, trade and consumer protection 16justice shall enforce this section. Actions to enjoin violation of this section or any
17regulations thereunder may be commenced and prosecuted by the department
of
18justice in the name of the state in any court having equity jurisdiction. This remedy
19is not exclusive.
AB1-SSA1-SA2,264,2521
100.18
(11) (b) 3. No action may be commenced under this section more than
223 years after the occurrence of the unlawful act or practice which is the subject of the
23action. No injunction may be issued under this section which would conflict with
24general or special orders of the department
of justice or any statute, rule or
25regulation of the United States or of this state.
AB1-SSA1-SA2,265,102
100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
3a person is in possession, custody or control of any information or documentary
4material relevant to the enforcement of this section it may require that person to
5submit a statement or report, under oath or otherwise, as to the facts and
6circumstances concerning any activity in the course of trade or commerce; examine
7under oath that person with respect to any activity in the course of trade or
8commerce; and execute in writing and cause to be served upon such person a civil
9investigative demand requiring the person to produce any relevant documentary
10material for inspection and copying.
AB1-SSA1-SA2,265,1412
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
13subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
14any investigation.
AB1-SSA1-SA2,265,1916
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
17a person to file a statement or report, or service of a subpoena upon a person, or
18service of a civil investigative demand shall be made in compliance with the rules of
19civil procedure of this state.
AB1-SSA1-SA2,265,2521
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
22comply with any civil investigative demand, or fails to obey any subpoena issued by
23the department
of justice, such person may be coerced as provided in s. 885.12, except
24that no person shall be required to furnish any testimony or evidence under this
25subsection which might tend to incriminate the person.
AB1-SSA1-SA2,266,122
100.18
(11) (d) The
department or the department of justice
, after consulting
3with the department, or any district attorney, upon informing the department
of
4justice, may commence an action in circuit court in the name of the state to restrain
5by temporary or permanent injunction any violation of this section. The court may
6in its discretion, prior to entry of final judgment, make such orders or judgments as
7may be necessary to restore to any person any pecuniary loss suffered because of the
8acts or practices involved in the action, provided proof thereof is submitted to the
9satisfaction of the court. The
department and the department of justice may
10subpoena persons and require the production of books and other documents
, and the
11department of justice may request the department to exercise its authority under
12par. (c) to aid in the investigation of alleged violations of this section.
AB1-SSA1-SA2,266,2314
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
15section,
the department or the department of justice may accept a written assurance
16of discontinuance of any act or practice alleged to be a violation of this section from
17the person who has engaged in such act or practice. The acceptance of such assurance
18by
either the department or the department of justice shall be deemed acceptance by
19the other state officials enumerated in par. (d)
any district attorney if the terms of
20the assurance so provide. An assurance entered into pursuant to this section shall
21not be considered evidence of a violation of this section, provided that violation of
22such an assurance shall be treated as a violation of this section, and shall be
23subjected to all the penalties and remedies provided therefor.
AB1-SSA1-SA2,267,6
1100.182
(5) (a) Any district attorney, after informing the department
of justice,
2or the department
of justice may seek a temporary or permanent injunction in circuit
3court to restrain any violation of this section. Prior to entering a final judgment the
4court may award damages to any person suffering monetary loss because of a
5violation. The department
of justice may subpoena any person or require the
6production of any document to aid in investigating alleged violations of this section.
AB1-SSA1-SA2,267,148
100.182
(5) (b) In lieu of instituting or continuing an action under this
9subsection, the department
of justice may accept a written assurance from a violator
10of this section that the violation has ceased. If the terms of the assurance so provide,
11its acceptance by the department
of justice prevents all district attorneys from
12prosecuting the violation. An assurance is not evidence of a violation of this section
13but violation of an assurance is subject to the penalties and remedies of violating this
14section.
AB1-SSA1-SA2,267,2116
100.20
(2) (a) The department
of justice, after public hearing, may issue
17general orders forbidding methods of competition in business or trade practices in
18business which are determined by the department
of justice to be unfair. The
19department
of justice, after public hearing, may issue general orders prescribing
20methods of competition in business or trade practices in business which are
21determined by the department
of justice to be fair.
AB1-SSA1-SA2,268,223
100.20
(2) (b) Notwithstanding par. (a), the department
of justice may not issue
24any order or promulgate any rule that regulates the provision of water or sewer
25service by a manufactured home park operator, as defined in s. 101.91 (8), or
1manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule
2to the extent that the rule regulates the provision of such water or sewer service.
AB1-SSA1-SA2,268,104
100.20
(3) The department
of justice, after public hearing, may issue a special
5order against any person, enjoining such person from employing any method of
6competition in business or trade practice in business which is determined by the
7department
of justice to be unfair or from providing service in violation of sub. (1t).
8The department
of justice, after public hearing, may issue a special order against any
9person, requiring such person to employ the method of competition in business or
10trade practice in business which is determined by the department
of justice to be fair.
AB1-SSA1-SA2,268,2012
100.20
(4) The If the department of justice
may file a written complaint with
13the department alleging that the has reason to believe that a person
named is
14employing unfair methods of competition in business or unfair trade practices in
15business or both
. Whenever such a complaint is filed
, it shall be the duty of the
16department
of justice to proceed, after proper notice and in accordance with its rules,
17to the hearing and adjudication of the
matters alleged, and a representative of the
18department of justice designated by the attorney general may appear before the
19department in such proceedings. The department of justice shall be entitled to
20judicial review of the decisions and orders of the department under ch. 227 matter.
