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:".
SB55-SSA1-SA2,350,517
100.30
(2) (b) "Cost to retailer" and "cost to wholesaler" as defined in pars. (am)
18and (c) mean bona fide costs; and purchases made by retailers
, or wholesalers
, 19wholesalers of motor vehicle fuel and refiners at prices
which that cannot be justified
20by prevailing market conditions within this state shall not be used in determining
21cost to the retailer and cost to the wholesaler.
Prices at which purchases of
22merchandise other than motor vehicle fuel are made by retailers or wholesalers
23cannot be justified by prevailing market conditions in this state when they are below
24the lowest prices at which the manufacturer or producer of such merchandise sells
1to other retailers or wholesalers in this state. Prices at which sales of motor vehicle
2fuel are made by retailers, wholesalers, wholesalers of motor vehicle fuel and refiners
3cannot be justified by prevailing market conditions in this state when they are below
4the applicable cost to retailers and cost to wholesalers specified under pars. (am) and
5(c).
SB55-SSA1-SA2,350,1410
100.30
(2) (cj) "Existing price of a competitor" means a price being
11simultaneously offered to a buyer for merchandise of like quality and quantity by a
12person who is a direct competitor of the retailer
,
or wholesaler,
wholesaler of motor
13vehicle fuel or refiner and from whom the buyer can practicably purchase the
14merchandise.
SB55-SSA1-SA2,350,2218
100.30
(2) (d) "Replacement cost" means the cost computed as specified in par.
19(am) or (c) at which the merchandise sold could have been bought by the retailer
, or 20wholesaler
or wholesaler of motor vehicle fuel at any time if bought in the same
21quantity as the retailer's
, or wholesaler's
or wholesaler of motor vehicle fuel's last
22purchase of the said merchandise.
SB55-SSA1-SA2,351,224
100.30
(2) (e) "Retailer" includes every person engaged in the business of
25making sales at retail within this state
, other than sales of motor vehicle fuel, but,
1in the case of a person engaged in the business of selling both at retail and at
2wholesale, such term shall be applied only to the retail portion of such business.
SB55-SSA1-SA2,351,94
100.30
(2) (g) "Sell
",," "sale" or "sold" includes any advertising or offer to sell
5or any transfer of merchandise where title is retained by the retailer
, or wholesaler
,
6wholesaler of motor vehicle fuel or refiner as security for the payment of the purchase
7price. In determining the selling price of merchandise by wholesalers
, wholesalers
8of motor vehicle fuel, and retailers
and refiners under this section, all fractions of a
9cent shall be carried to the next full cent.
SB55-SSA1-SA2,351,1813
100.30
(2m) (a) When one or more items of merchandise
, other than motor
14vehicle fuel, are furnished or sold in combination with or on condition of the purchase
15of one or more other items, or are so advertised, all items shall be included in
16determining cost under sub. (2) (am) or (c); and if any of the items included therein
17are separately priced, such separate price shall be subject to the requirements of this
18section.
SB55-SSA1-SA2,352,621
100.30
(3) Illegality of loss leaders. Any sale of any item of merchandise
22either, other than motor vehicle fuel, by a retailer
, or wholesaler
, wholesaler of motor
23vehicle fuel or refiner, at less than cost as defined in this section with the intent or
24effect of inducing the purchase of other merchandise or of unfairly diverting trade
25from a competitor, impairs and prevents fair competition, injures public welfare and
1is unfair competition and contrary to public policy and the policy of this section. Such
2sales are prohibited. Evidence of any sale of any item of merchandise
, other than
3motor vehicle fuel, by any retailer
, or wholesaler
, wholesaler of motor vehicle fuel or
4refiner at less than cost as defined in this section shall be prima facie evidence of
5intent or effect to induce the purchase of other merchandise, or to unfairly divert
6trade from a competitor, or to otherwise injure a competitor.
SB55-SSA1-SA2,352,158
100.30
(5) (a) The department may issue a special order as provided in s. 93.18
9against a retailer
, or wholesaler
, wholesaler of motor vehicle fuel or refiner requiring
10the person to cease and desist from violating this section in the sale of cigarettes or
11other tobacco products
, or fermented malt beverages, intoxicating liquor or wine
or
12motor vehicle fuel. The department or a district attorney may commence an action
13on behalf of the state against a retailer
, or wholesaler
, wholesaler of motor vehicle
14fuel or refiner who violates a special order issued under this paragraph to recover a
15forfeiture of not less than $200 nor more than $5,000 for each violation.
SB55-SSA1-SA2,352,2318
100.30
(6) (a) 7. The price of merchandise is made in good faith to meet an
19existing price of a competitor and is based on evidence in the possession of the
20retailer
, or wholesaler
, wholesaler of motor vehicle fuel or refiner in the form of an
21advertisement, proof of sale or receipted purchase, price survey or other business
22record maintained by the retailer
, or wholesaler
, wholesaler of motor vehicle fuel or
23refiner in the ordinary course of trade or the usual conduct of business.
SB55-SSA1-SA2,353,123
100.30
(5r) Private cause of action; sale of tobacco products. Any person
4who is injured or threatened with injury as a result of a sale or purchase of cigarettes
5or other tobacco products in violation of this section may bring an action against the
6person who violated this section for temporary or permanent injunctive relief or an
7action against the person for 3 times the amount of any monetary loss sustained or
8an amount equal to $2,000, whichever is greater, multiplied by each day of continued
9violation, together with costs, including accounting fees and reasonable attorney
10fees, notwithstanding s. 814.04 (1). An association of cigarette wholesalers may
11bring the action on behalf of the person injured or threatened with injury and be
12entitled to the same relief as the person injured or threatened with injury.".
