SB55-SSA1-SA2,338,1110
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
11department of
health and family services justice.
SB55-SSA1-SA2,338,1713
100.18
(11) (a) The department of
agriculture, trade and consumer protection 14justice shall enforce this section. Actions to enjoin violation of this section or any
15regulations thereunder may be commenced and prosecuted by the department
of
16justice in the name of the state in any court having equity jurisdiction. This remedy
17is not exclusive.
SB55-SSA1-SA2,338,2319
100.18
(11) (b) 3. No action may be commenced under this section more than
203 years after the occurrence of the unlawful act or practice which is the subject of the
21action. No injunction may be issued under this section which would conflict with
22general or special orders of the department
of justice or any statute, rule or
23regulation of the United States or of this state.
SB55-SSA1-SA2,339,9
1100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
2a person is in possession, custody or control of any information or documentary
3material relevant to the enforcement of this section it may require that person to
4submit a statement or report, under oath or otherwise, as to the facts and
5circumstances concerning any activity in the course of trade or commerce; examine
6under oath that person with respect to any activity in the course of trade or
7commerce; and execute in writing and cause to be served upon such person a civil
8investigative demand requiring the person to produce any relevant documentary
9material for inspection and copying.
SB55-SSA1-SA2,339,1311
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
12subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
13any investigation.
SB55-SSA1-SA2,339,1815
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
16a person to file a statement or report, or service of a subpoena upon a person, or
17service of a civil investigative demand shall be made in compliance with the rules of
18civil procedure of this state.
SB55-SSA1-SA2,339,2420
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
21comply with any civil investigative demand, or fails to obey any subpoena issued by
22the department
of justice, such person may be coerced as provided in s. 885.12, except
23that no person shall be required to furnish any testimony or evidence under this
24subsection which might tend to incriminate the person.
SB55-SSA1-SA2,340,11
1100.18
(11) (d) The
department or the department of justice
, after consulting
2with the department, or any district attorney, upon informing the department
of
3justice, may commence an action in circuit court in the name of the state to restrain
4by temporary or permanent injunction any violation of this section. The court may
5in its discretion, prior to entry of final judgment, make such orders or judgments as
6may be necessary to restore to any person any pecuniary loss suffered because of the
7acts or practices involved in the action, provided proof thereof is submitted to the
8satisfaction of the court. The
department and the department of justice may
9subpoena persons and require the production of books and other documents
, and t
he
10department of justice may request the department to exercise its authority under
11par. (c) to aid in the investigation of alleged violations of this section.
SB55-SSA1-SA2,340,2213
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
14section,
the department or the department of justice may accept a written assurance
15of discontinuance of any act or practice alleged to be a violation of this section from
16the person who has engaged in such act or practice. The acceptance of such assurance
17by
either the department or the department of justice shall be deemed acceptance by
18the other state officials enumerated in par. (d)
any district attorney if the terms of
19the assurance so provide. An assurance entered into pursuant to this section shall
20not be considered evidence of a violation of this section, provided that violation of
21such an assurance shall be treated as a violation of this section, and shall be
22subjected to all the penalties and remedies provided therefor.
SB55-SSA1-SA2,341,424
100.182
(5) (a) Any district attorney, after informing the department
of justice,
25or the department
of justice may seek a temporary or permanent injunction in circuit
1court to restrain any violation of this section. Prior to entering a final judgment the
2court may award damages to any person suffering monetary loss because of a
3violation. The department
of justice may subpoena any person or require the
4production of any document to aid in investigating alleged violations of this section.
SB55-SSA1-SA2,341,126
100.182
(5) (b) In lieu of instituting or continuing an action under this
7subsection, the department
of justice may accept a written assurance from a violator
8of this section that the violation has ceased. If the terms of the assurance so provide,
9its acceptance by the department
of justice prevents all district attorneys from
10prosecuting the violation. An assurance is not evidence of a violation of this section
11but violation of an assurance is subject to the penalties and remedies of violating this
12section.
SB55-SSA1-SA2,341,1914
100.20
(2) (a) The department
of justice, after public hearing, may issue
15general orders forbidding methods of competition in business or trade practices in
16business which are determined by the department
of justice to be unfair. The
17department
of justice, after public hearing, may issue general orders prescribing
18methods of competition in business or trade practices in business which are
19determined by the department
of justice to be fair.".
SB55-SSA1-SA2,342,7
1100.20
(3) The department
of justice, after public hearing, may issue a special
2order against any person, enjoining such person from employing any method of
3competition in business or trade practice in business which is determined by the
4department
of justice to be unfair or from providing service in violation of sub. (1t).
5The department
of justice, after public hearing, may issue a special order against any
6person, requiring such person to employ the method of competition in business or
7trade practice in business which is determined by the department
of justice to be fair.
SB55-SSA1-SA2,342,179
100.20
(4) The If the department of justice
may file a written complaint with
10the department alleging that the has reason to believe that a person
named is
11employing unfair methods of competition in business or unfair trade practices in
12business or both
. Whenever such a complaint is filed
, it shall be the duty of the
13department
of justice to proceed, after proper notice and in accordance with its rules,
14to the hearing and adjudication of the
matters alleged, and a representative of the
15department of justice designated by the attorney general may appear before the
16department in such proceedings. The department of justice shall be entitled to
17judicial review of the decisions and orders of the department under ch. 227 matter.
SB55-SSA1-SA2,343,219
100.20
(6) The department
of justice may commence an action in circuit court
20in the name of the state to restrain by temporary or permanent injunction the
21violation of any order issued under this section. The court may in its discretion, prior
22to entry of final judgment make such orders or judgments as may be necessary to
23restore to any person any pecuniary loss suffered because of the acts or practices
24involved in the action, provided proof thereof is submitted to the satisfaction of the
1court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 2investigate violations of any order issued under this section.
SB55-SSA1-SA2,343,74
100.201
(6) (d) The failure to pay fees under this subsection within the time
5provided under par. (c) is a violation of this section. The department
of justice may
6also commence an action to recover the amount of any overdue fees plus interest at
7the rate of 2% per month for each month that the fees are delinquent.
SB55-SSA1-SA2,343,159
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
10acts or omissions which take place in whole or in part outside this state. In any action
11or administrative proceeding the department
of justice has jurisdiction of the person
12served under s. 801.11 when any act or omission outside this state by the defendant
13or respondent results in local injury or may have the effect of injuring competition
14or a competitor in this state or unfairly diverts trade or business from a competitor,
15if at the time:
SB55-SSA1-SA2,343,2417
100.201
(9) (b) The department, after public hearing held under s. 93.18, may
18issue a special order against any person requiring such person to cease and desist
19from acts, practices or omissions determined by the department to violate this
20section. Such orders shall be subject to judicial review under ch. 227. Any violation
21of a special order issued hereunder shall be punishable as a contempt under ch. 785
22in the manner provided for disobedience of a lawful order of a court, upon the filing
23of an affidavit by the department
of justice of the commission of such violation in any
24court of record in the county where the violation occurred.
SB55-SSA1-SA2,344,6
1100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
2remedies herein provided, may apply to a circuit court for a temporary or permanent
3injunction to prevent, restrain or enjoin any person from violating this section or any
4special order of the department
of agriculture, trade and consumer protection issued
5hereunder under this section, without being compelled to allege or prove that an
6adequate remedy at law does not exist.
SB55-SSA1-SA2,344,158
100.205
(7) The department
of justice, or any district attorney on informing the
9department
of justice, may commence an action in circuit court in the name of the
10state to restrain by temporary or permanent injunction any violation of this section.
11The court may, before entry of final judgment and after satisfactory proof, make
12orders or judgments necessary to restore to any person any pecuniary loss suffered
13because of a violation of this section. The department
of justice may conduct
14hearings, administer oaths, issue subpoenas and take testimony to aid in its
15investigation of violations of this section.
SB55-SSA1-SA2,344,1917
100.205
(8) The department
of justice or any district attorney may commence
18an action in the name of the state to recover a forfeiture to the state of not more than
19$10,000 for each violation of this section.
SB55-SSA1-SA2,345,621
100.207
(6) (b) 1. The department of justice,
after consulting with the
22department of agriculture, trade and consumer protection, or any district attorney
23upon informing the department of
agriculture, trade and consumer protection 24justice, may commence an action in circuit court in the name of the state to restrain
25by temporary or permanent injunction any violation of this section. Injunctive relief
1may include an order directing telecommunications providers, as defined in s. 196.01
2(8p), to discontinue telecommunications service provided to a person violating this
3section or ch. 196. Before entry of final judgment, the court may make such orders
4or judgments as may be necessary to restore to any person any pecuniary loss
5suffered because of the acts or practices involved in the action if proof of these acts
6or practices is submitted to the satisfaction of the court.
SB55-SSA1-SA2,345,138
100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
9to 93.16 and 100.18 (11) (c) to of justice shall administer this section. The department
10and the department of justice may subpoena persons
and, require the production of
11books and other documents, and
the department of justice may request the
12department of agriculture, trade and consumer protection to exercise its authority
13to aid in the investigation of investigate alleged violations of this section.
SB55-SSA1-SA2,345,2015
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
16forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
17paragraph shall be enforced by the department of justice,
after consulting with the
18department of agriculture, trade and consumer protection, or, upon informing the
19department
of justice, by the district attorney of the county where the violation
20occurs.
SB55-SSA1-SA2,345,2322
100.207
(6) (e) Subject to par. (em), the department
of justice shall promulgate
23rules under this section.
SB55-SSA1-SA2,346,6
1100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
2department
of justice shall form an advisory group to suggest recommendations
3regarding the content and scope of the proposed rule. The advisory group shall
4consist of one or more persons who may be affected by the proposed rule
, a
5representative from the department of justice and a representative from the public
6service commission.
SB55-SSA1-SA2,346,118
100.207
(6) (em) 2. The department
of justice shall submit the
9recommendations under subd. 1., if any, to the legislature as part of the report
10required under s. 227.19 (2)
and to the board of agriculture, trade and consumer
11protection.
SB55-SSA1-SA2,346,1413
100.208
(2) (intro.) The department
of justice shall notify the public service
14commission if any of the following conditions exists:
SB55-SSA1-SA2,346,1816
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
17(3) prohibiting a telecommunications provider from engaging in an unfair trade
18practice or method of competition.
SB55-SSA1-SA2,346,2420
100.209
(3) Rules and local ordinances allowed. This section does not
21prohibit the department
of justice from promulgating a rule or from issuing an order
22consistent with its authority under this chapter that gives a subscriber greater rights
23than the rights under sub. (2) or prohibit a city, village or town from enacting an
24ordinance that gives a subscriber greater rights than the rights under sub. (2).
SB55-SSA1-SA2,347,2
1100.209
(4) (b) The department
of justice and the district attorneys of this state
2have concurrent authority to institute civil proceedings under this section.
SB55-SSA1-SA2,347,84
100.2095
(6) (b) The department
of justice may commence an action in the
5name of the state to restrain by temporary or permanent injunction a violation of sub.
6(3), (4) or (5). Before entry of final judgment, the court may make any necessary
7orders to restore to any person any pecuniary loss suffered by the person because of
8the violation.
SB55-SSA1-SA2,347,1210
100.2095
(6) (c) The department
of justice or any district attorney may
11commence an action in the name of the state to recover a forfeiture to the state of not
12less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
SB55-SSA1-SA2,347,1814
100.21
(2) (a) No person may make an energy savings or safety claim without
15a reasonable and currently accepted scientific basis for the claim when the claim is
16made. Making an energy savings or safety claim without a reasonable and currently
17accepted scientific basis is
also an unfair method of competition and trade practice
18prohibited under s. 100.20.
SB55-SSA1-SA2,347,2120
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
21or special orders
under s. 100.20:
SB55-SSA1-SA2,348,223
100.22
(4) (b) The department
of justice may, without alleging or proving that
24no other adequate remedy at law exists, bring an action to enjoin violations of this
1section or a special order issued under this section in the circuit court for the county
2where the alleged violation occurred.
SB55-SSA1-SA2,348,74
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
5promulgated or order issued under this section may be required to forfeit not less
6than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
7may commence an action to recover a forfeiture under this paragraph.
SB55-SSA1-SA2,348,189
100.26
(6) The department, the department of justice, after consulting with the
10department, or any district attorney may commence an action in the name of the
11state to recover a civil forfeiture to the state of not less than $100 nor more than
12$10,000 for each violation of Any person violating an injunction issued under s.
13100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
14protection or any district attorney may commence an action in the name of the state
15to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
16for each violation. Any person violating an order issued under s. 100.20 is subject
17to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
18violation
of an order issued under s. 100.20.".
SB55-SSA1-SA2,348,21
20"
Section 2426b. 100.261 (3) (b) 1. of the statutes is renumbered 100.261 (3)
21(b) and amended to read:
SB55-SSA1-SA2,349,222
100.261
(3) (b) The state treasurer shall deposit the
consumer protection 23assessment amounts
imposed for a violation of ch. 98, a rule promulgated under ch.
2498, or an ordinance enacted under ch. 98 in the general fund and shall credit them
1to the appropriation account under s. 20.115 (1) (jb), subject to the limit under
subd.
22. par. (c).".
SB55-SSA1-SA2,349,125
100.264
(2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
6imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
7100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44
or, 100.46
, or 100.52 (10)
8(b) or a rule promulgated under one of those sections, the person shall be subject to
9a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by
10the defendant, for which the violation was imposed, was perpetrated against an
11elderly person or disabled person and if the court finds that any of the following
12factors is present:".
