SB55-ASA1-AA29,5,2423
93.22
(1) In cases arising under chs. 88 and 93 to
100 99 and ss. 100.206, 100.21,
24100.30, and 100.51, the department may be represented by its attorney.
SB55-ASA1-AA29,6,4
193.22
(2) The department may, with the approval of the governor, appoint
2special counsel to prosecute or assist in the prosecution of any case arising under chs.
388 and 93 to
100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
4special counsel shall be charged to the appropriation for the department.".
SB55-ASA1-AA29,6,97
100.07
(6) Action Upon request of the department, an action to enjoin violation
8of this section may be commenced and prosecuted by the department
of justice in the
9name of the state in any court having equity jurisdiction.
SB55-ASA1-AA29,6,1511
100.171
(7) (b) Whoever intentionally violates this section may be fined not
12more than $10,000 or imprisoned for not more than 3 years or both. A person
13intentionally violates this section if the violation occurs after the department
of
14justice or a district attorney has notified the person by certified mail that the person
15is in violation of this section.
SB55-ASA1-AA29,6,1917
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
18violations of this section. The department
of justice or any district attorney may on
19behalf of the state:
SB55-ASA1-AA29,6,2321
100.173
(4) (intro.) The department
of justice shall investigate violations of this
22section. The department
of justice, or any district attorney upon informing the
23department
of justice, may, on behalf of the state, do any of the following:
SB55-ASA1-AA29,7,7
1100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
2any court of competent jurisdiction for any violation of this section. The relief sought
3by the department
of justice or district attorney may include the payment by a
4promoter into an escrow account of an amount estimated to be sufficient to pay for
5ticket refunds. The court may, upon entry of final judgment, award restitution when
6appropriate to any person suffering loss because of violations of this section if proof
7of such loss is submitted to the satisfaction of the court.
SB55-ASA1-AA29,7,109
100.174
(5) (intro). The department
of justice or any district attorney may on
10behalf of the state:
SB55-ASA1-AA29,7,1312
100.174
(6) The department
of justice shall investigate violations of and
13enforce this section.
SB55-ASA1-AA29,7,2015
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
16pay more than $100 for dating services before the buyer receives or has the
17opportunity to receive those services unless the person selling dating services
18establishes proof of financial responsibility by maintaining any of the following
19commitments approved by the department
of justice in an amount not less than
20$25,000:
SB55-ASA1-AA29,8,222
100.175
(5) (b) The commitment described in par. (a) shall be established in
23favor of or made payable to the state, for the benefit of any buyer who does not receive
24a refund under the contractual provision described in sub. (3). The person selling
25dating services shall file with the department
of justice any agreement, instrument
1or other document necessary to enforce the commitment against the person selling
2dating services or any relevant 3rd party, or both.
SB55-ASA1-AA29,8,54
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
5on behalf of the state:
SB55-ASA1-AA29,8,107
100.175
(7) (b) The department
of justice may bring an action in circuit court
8to recover on a financial commitment maintained under sub. (5) against a person
9selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
10not receive a refund due under the contractual provision described in sub. (3).
SB55-ASA1-AA29,8,1312
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
13department of justice.
SB55-ASA1-AA29,8,1615
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
16department of
health and family services justice.
SB55-ASA1-AA29,8,2218
100.18
(11) (a) The department of
agriculture, trade and consumer protection 19justice shall enforce this section. Actions to enjoin violation of this section or any
20regulations thereunder may be commenced and prosecuted by the department
of
21justice in the name of the state in any court having equity jurisdiction. This remedy
22is not exclusive.
SB55-ASA1-AA29,9,324
100.18
(11) (b) 3. No action may be commenced under this section more than
253 years after the occurrence of the unlawful act or practice which is the subject of the
1action. No injunction may be issued under this section which would conflict with
2general or special orders of the department
of justice or any statute, rule or
3regulation of the United States or of this state.
SB55-ASA1-AA29,9,135
100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
6a person is in possession, custody or control of any information or documentary
7material relevant to the enforcement of this section it may require that person to
8submit a statement or report, under oath or otherwise, as to the facts and
9circumstances concerning any activity in the course of trade or commerce; examine
10under oath that person with respect to any activity in the course of trade or
11commerce; and execute in writing and cause to be served upon such person a civil
12investigative demand requiring the person to produce any relevant documentary
13material for inspection and copying.
SB55-ASA1-AA29,9,1715
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
16subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
17any investigation.
SB55-ASA1-AA29,9,2219
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
20a person to file a statement or report, or service of a subpoena upon a person, or
21service of a civil investigative demand shall be made in compliance with the rules of
22civil procedure of this state.
SB55-ASA1-AA29,9,2524
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
25comply with any civil investigative demand, or fails to obey any subpoena issued by
1the department
of justice, such person may be coerced as provided in s. 885.12, except
2that no person shall be required to furnish any testimony or evidence under this
3subsection which might tend to incriminate the person.
SB55-ASA1-AA29,10,155
100.18
(11) (d) The
department or the department of justice
, after consulting
6with the department, or any district attorney, upon informing the department
of
7justice, may commence an action in circuit court in the name of the state to restrain
8by temporary or permanent injunction any violation of this section. The court may
9in its discretion, prior to entry of final judgment, make such orders or judgments as
10may be necessary to restore to any person any pecuniary loss suffered because of the
11acts or practices involved in the action, provided proof thereof is submitted to the
12satisfaction of the court. The
department and the department of justice may
13subpoena persons and require the production of books and other documents
, and t
he
14department of justice may request the department to exercise its authority under
15par. (c) to aid in the investigation of alleged violations of this section.
SB55-ASA1-AA29,11,217
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
18section,
the department or the department of justice may accept a written assurance
19of discontinuance of any act or practice alleged to be a violation of this section from
20the person who has engaged in such act or practice. The acceptance of such assurance
21by
either the department or the department of justice shall be deemed acceptance by
22the other state officials enumerated in par. (d)
any district attorney if the terms of
23the assurance so provide. An assurance entered into pursuant to this section shall
24not be considered evidence of a violation of this section, provided that violation of
1such an assurance shall be treated as a violation of this section, and shall be
2subjected to all the penalties and remedies provided therefor.
SB55-ASA1-AA29,11,94
100.182
(5) (a) Any district attorney, after informing the department
of justice,
5or the department
of justice may seek a temporary or permanent injunction in circuit
6court to restrain any violation of this section. Prior to entering a final judgment the
7court may award damages to any person suffering monetary loss because of a
8violation. The department
of justice may subpoena any person or require the
9production of any document to aid in investigating alleged violations of this section.
SB55-ASA1-AA29,11,1711
100.182
(5) (b) In lieu of instituting or continuing an action under this
12subsection, the department
of justice may accept a written assurance from a violator
13of this section that the violation has ceased. If the terms of the assurance so provide,
14its acceptance by the department
of justice prevents all district attorneys from
15prosecuting the violation. An assurance is not evidence of a violation of this section
16but violation of an assurance is subject to the penalties and remedies of violating this
17section.
SB55-ASA1-AA29,11,2419
100.20
(2) (a) The department
of justice, after public hearing, may issue
20general orders forbidding methods of competition in business or trade practices in
21business which are determined by the department
of justice to be unfair. The
22department
of justice, after public hearing, may issue general orders prescribing
23methods of competition in business or trade practices in business which are
24determined by the department
of justice to be fair.".
SB55-ASA1-AA29,12,104
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.
SB55-ASA1-AA29,12,2012
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.
SB55-ASA1-AA29,13,522
100.20
(6) The department
of justice may commence an action in circuit court
23in the name of the state to restrain by temporary or permanent injunction the
24violation of any order issued under this section. The court may in its discretion, prior
1to entry of final judgment make such orders or judgments as may be necessary to
2restore to any person any pecuniary loss suffered because of the acts or practices
3involved in the action, provided proof thereof is submitted to the satisfaction of the
4court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 5investigate violations of any order issued under this section.
SB55-ASA1-AA29,13,107
100.201
(6) (d) The failure to pay fees under this subsection within the time
8provided under par. (c) is a violation of this section. The department
of justice may
9also commence an action to recover the amount of any overdue fees plus interest at
10the rate of 2% per month for each month that the fees are delinquent.
SB55-ASA1-AA29,13,1812
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
13acts or omissions which take place in whole or in part outside this state. In any action
14or administrative proceeding the department
of justice has jurisdiction of the person
15served under s. 801.11 when any act or omission outside this state by the defendant
16or respondent results in local injury or may have the effect of injuring competition
17or a competitor in this state or unfairly diverts trade or business from a competitor,
18if at the time:
SB55-ASA1-AA29,14,220
100.201
(9) (b) The department, after public hearing held under s. 93.18, may
21issue a special order against any person requiring such person to cease and desist
22from acts, practices or omissions determined by the department to violate this
23section. Such orders shall be subject to judicial review under ch. 227. Any violation
24of a special order issued hereunder shall be punishable as a contempt under ch. 785
25in the manner provided for disobedience of a lawful order of a court, upon the filing
1of an affidavit by the department
of justice of the commission of such violation in any
2court of record in the county where the violation occurred.
SB55-ASA1-AA29,14,94
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
5remedies herein provided, may apply to a circuit court for a temporary or permanent
6injunction to prevent, restrain or enjoin any person from violating this section or any
7special order of the department
of agriculture, trade and consumer protection issued
8hereunder under this section, without being compelled to allege or prove that an
9adequate remedy at law does not exist.
SB55-ASA1-AA29,14,1811
100.205
(7) The department
of justice, or any district attorney on informing the
12department
of justice, may commence an action in circuit court in the name of the
13state to restrain by temporary or permanent injunction any violation of this section.
14The court may, before entry of final judgment and after satisfactory proof, make
15orders or judgments necessary to restore to any person any pecuniary loss suffered
16because of a violation of this section. The department
of justice may conduct
17hearings, administer oaths, issue subpoenas and take testimony to aid in its
18investigation of violations of this section.
SB55-ASA1-AA29,14,2220
100.205
(8) The department
of justice or any district attorney may commence
21an action in the name of the state to recover a forfeiture to the state of not more than
22$10,000 for each violation of this section.
SB55-ASA1-AA29,15,924
100.207
(6) (b) 1. The department of justice,
after consulting with the
25department of agriculture, trade and consumer protection, or any district attorney
1upon informing the department of
agriculture, trade and consumer protection 2justice, may commence an action in circuit court in the name of the state to restrain
3by temporary or permanent injunction any violation of this section. Injunctive relief
4may include an order directing telecommunications providers, as defined in s. 196.01
5(8p), to discontinue telecommunications service provided to a person violating this
6section or ch. 196. Before entry of final judgment, the court may make such orders
7or judgments as may be necessary to restore to any person any pecuniary loss
8suffered because of the acts or practices involved in the action if proof of these acts
9or practices is submitted to the satisfaction of the court.
SB55-ASA1-AA29,15,1611
100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
12to 93.16 and 100.18 (11) (c) to of justice shall administer this section. The department
13and the department of justice may subpoena persons
and, require the production of
14books and other documents, and
the department of justice may request the
15department of agriculture, trade and consumer protection to exercise its authority
16to aid in the investigation of investigate alleged violations of this section.
SB55-ASA1-AA29,15,2318
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
19forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
20paragraph shall be enforced by the department of justice,
after consulting with the
21department of agriculture, trade and consumer protection, or, upon informing the
22department
of justice, by the district attorney of the county where the violation
23occurs.
SB55-ASA1-AA29,16,2
1100.207
(6) (e) Subject to par. (em), the department
of justice shall promulgate
2rules under this section.
SB55-ASA1-AA29,16,94
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
5department
of justice shall form an advisory group to suggest recommendations
6regarding the content and scope of the proposed rule. The advisory group shall
7consist of one or more persons who may be affected by the proposed rule
, a
8representative from the department of justice and a representative from the public
9service commission.
SB55-ASA1-AA29,16,1411
100.207
(6) (em) 2. The department
of justice shall submit the
12recommendations under subd. 1., if any, to the legislature as part of the report
13required under s. 227.19 (2)
and to the board of agriculture, trade and consumer
14protection.
SB55-ASA1-AA29,16,1716
100.208
(2) (intro.) The department
of justice shall notify the public service
17commission if any of the following conditions exists:
SB55-ASA1-AA29,16,2119
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
20(3) prohibiting a telecommunications provider from engaging in an unfair trade
21practice or method of competition.
