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.".
SB55-SSA1-SA2,353,1915
100.261
(3) (d) The state treasurer shall deposit the consumer protection
16assessment amounts imposed for a violation of this chapter, a rule promulgated
17under this chapter, or an ordinance enacted under this chapter in the general fund
18and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to
19the limit under par. (e).
SB55-SSA1-SA2,353,2221
100.261
(3) (e) The amount credited to the appropriation account under s.
2220.455 (1) (g) may not exceed $185,000 in each fiscal year.".
SB55-SSA1-SA2,354,12
1100.263 Recovery. In addition to other remedies available under this chapter,
2the court may award
the department the reasonable and necessary costs of
3investigation and an amount reasonably necessary to remedy the harmful effects of
4the violation and the court may award
the department of justice the reasonable and
5necessary expenses of prosecution, including attorney fees, from any person who
6violates this chapter. The
department and the department of justice amounts
7awarded under this subsection shall
deposit be deposited in the state treasury for
8deposit in the general fund
all moneys that the court awards to the department, the
9department of justice or the state under this section. Ten percent of the money
10deposited in the general fund that was awarded under this section for the costs of
11investigation and the expenses of prosecution, including attorney fees, shall be
12credited to the appropriation account under s. 20.455 (1) (gh).
SB55-SSA1-SA2,354,1614
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
15department
of justice may seek an injunction restraining any person from violating
16this section.
SB55-SSA1-SA2,354,2018
100.28
(4) (c) The department
of justice, or any district attorney upon the
19request of the department
of justice, may commence an action in the name of the
20state under par. (a) or (b).
SB55-SSA1-SA2,355,222
100.31
(4) Penalties. For any violation of this section, the department
of
23justice or a district attorney may commence an action on behalf of the state to recover
24a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
25delivery of a drug sold to a purchaser at a price in violation of this section and each
1separate day in violation of an injunction issued under this section is a separate
2offense.
SB55-SSA1-SA2,355,94
100.31
(5) Special remedies. The department
of justice or a district attorney
5may bring an action to enjoin a violation of this section without being compelled to
6allege or prove that an adequate remedy at law does not exist. An action under this
7subsection may be commenced and prosecuted by the department
of justice or a
8district attorney, in the name of the state, in a circuit court in the county where the
9offense occurred or in Dane County, notwithstanding s. 801.50.
SB55-SSA1-SA2,355,1211
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
12department of justice.
SB55-SSA1-SA2,355,1714
100.38
(5) Inspection. The department
of justice shall enforce this section by
15inspection, chemical analyses or any other appropriate method and the department
16of justice may promulgate such rules as are necessary to effectively enforce this
17section.
SB55-SSA1-SA2,355,2119
100.38
(6) Enforcement. It is unlawful to sell any antifreeze which is
20adulterated or misbranded. In addition to the penalties provided under sub. (7), the
21department
of justice may bring an action to enjoin violations of this section.
SB55-SSA1-SA2,355,2423
100.41
(1) (bn) Notwithstanding s. 93.01 (3), "department" means the
24department of justice.
SB55-SSA1-SA2,356,2
1100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
2department of justice.
SB55-SSA1-SA2,356,54
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
5department of justice.
SB55-SSA1-SA2,356,137
100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 8may, on behalf of the state, bring an action in any court of competent jurisdiction for
9the recovery of forfeitures authorized under sub. (4), for temporary or permanent
10injunctive relief and for any other appropriate relief. The court may make any order
11or judgment that is necessary to restore to any person any pecuniary loss suffered
12because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
13court.".
SB55-SSA1-SA2,356,17
17100.52 (title)
Telephone solicitations.
SB55-SSA1-SA2,356,1919
100.52
(1) (title)
Definitions.
SB55-SSA1-SA2,356,2321
100.52
(1) (a) "Affiliate," when used in relation to any person, means another
22person who owns or controls, is owned or controlled by, or is under common
23ownership or control with such person.
SB55-SSA1-SA2,357,1
1100.52
(1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).
SB55-SSA1-SA2,357,63
100.52
(1) (c) "Nonprofit organization" means a corporation, association, or
4organization described in section
501 (c) (3), (4), (5), or (19) of the Internal Revenue
5Code that is exempt from taxation under section
501 (a) of the Internal Revenue
6Code.
SB55-SSA1-SA2,357,108
100.52
(1) (d) "Nonresidential customer" means a person, other than a
9residential customer, who is furnished with telecommunications service by a
10telecommunications utility.
SB55-SSA1-SA2,357,1312
100.52
(1) (e) "Nonsolicitation directory" means the directory established in
13rules promulgated by the department under sub. (2) (b).
SB55-SSA1-SA2,357,1715
100.52
(1) (f) "Residential customer" means an individual who is furnished
16with basic local exchange service by a telecommunications utility, but does not
17include an individual who operates a business at his or her residence.
SB55-SSA1-SA2,357,2019
100.52
(1) (g) "Telecommunications service" has the meaning given in s. 196.01
20(9m).
SB55-SSA1-SA2,357,2322
100.52
(1) (h) "Telecommunications utility" has the meaning given in s. 196.01
23(10).
SB55-SSA1-SA2,358,3
1100.52
(1) (j) "Telephone solicitor" means a person, other than a nonprofit
2organization or an employee or contractor of a nonprofit organization, that employs
3or contracts with an individual to make a telephone solicitation.
SB55-SSA1-SA2,358,85
100.52
(2) Nonsolicitation directory listing. (a) Upon a request by a
6residential customer, the department shall include in the nonsolicitation directory
7a listing indicating that the residential customer does not want to receive any
8telephone solicitation made on behalf of a telephone solicitor.
SB55-SSA1-SA2,358,189
(b) The department shall promulgate rules for establishing, maintaining, and
10semiannually updating a directory that includes listings of residential customers
11who do not wish to receive telephone solicitations made on behalf of telephone
12solicitors. The rules promulgated under this paragraph shall establish requirements
13and procedures for a residential customer to request a listing in the directory. The
14rules shall also require a residential customer who requests a listing in the directory
15to notify the department on a biennial basis if the residential customer wishes to
16continue to be included in the directory. The department shall eliminate a
17residential customer from the directory if the customer does not make the biennial
18notification.
SB55-SSA1-SA2,358,2219
(c) Except for copies of the nonsolicitation directory that are provided to
20registered telephone solicitors under par. (d), the nonsolicitation directory is not
21subject to inspection, copying, or receipt under s. 19.35 (1) and may not be released
22by the department.
SB55-SSA1-SA2,359,623
(d) The department shall, on a semiannual basis, make the nonsolicitation
24directory available by electronic transmission only to telephone solicitors who are
25registered under sub. (3). Upon the request of a telephone solicitor registered under
1sub. (3), the department shall also provide a printed copy of the nonsolicitation
2directory to the telephone solicitor. A telephone solicitor who receives a copy of the
3directory, or to whom the directory is made available by electronic transmission,
4under this paragraph may not solicit or accept from any person, directly or indirectly,
5anything of value in exchange for providing the person with any information
6included in the copy.
SB55-SSA1-SA2,359,198
100.52
(3) Registration of telephone solicitors. (a) The department shall
9promulgate rules that require any telephone solicitor who requires an employee or
10contractor to make a telephone solicitation to a residential customer in this state to
11register with the department, obtain a registration number from the department,
12and pay a registration fee to the department. The amount of the registration fee shall
13be based on the cost of establishing the nonsolicitation directory, and the amount that
14an individual telephone solicitor is required to pay shall be based on the number of
15telephone lines used by the telephone solicitor to make telephone solicitations. The
16rules shall also require a telephone solicitor that registers with the department to
17pay an annual registration renewal fee to the department. The amount of the
18registration renewal fee shall be based on the cost of maintaining the nonsolicitation
19directory.
SB55-SSA1-SA2,359,2220
(b) The department shall promulgate rules that require an individual who
21makes a telephone solicitation on behalf of a telephone solicitor to identify at the
22beginning of the telephone conversation each of the following:
SB55-SSA1-SA2,359,2323
1. The telephone solicitor.
SB55-SSA1-SA2,360,224
2. If different than the telephone solicitor, the person selling the property,
25goods, or services, or receiving the contribution, donation, grant, or pledge of money,
1credit, property, or other thing of any kind, that is the reason for the telephone
2solicitation.
SB55-SSA1-SA2,360,44
100.52
(4) (title)
Telephone solicitor requirements.
SB55-SSA1-SA2,360,86
100.52
(4) (a) 2. Make a telephone solicitation to a residential customer if the
7nonsolicitation directory that is provided or made available to the telephone solicitor
8under sub. (2) (d) includes a listing for the residential customer.
SB55-SSA1-SA2,360,119
3. Make a telephone solicitation to a nonresidential customer if the
10nonresidential customer has provided notice by mail to the telephone solicitor that
11the nonresidential customer does not wish to receive telephone solicitations.
SB55-SSA1-SA2,360,1313
100.52
(4) (b) A telephone solicitor may not do any of the following:
SB55-SSA1-SA2,360,1614
1. Require an employee or contractor to make a telephone solicitation to a
15person in this state unless the telephone solicitor is registered with the department
16under the rules promulgated under sub. (3) (a).
SB55-SSA1-SA2,360,1817
2. Require an employee or contractor to make a telephone solicitation that
18violates par. (a).
SB55-SSA1-SA2,360,2420
100.52
(4) (c) A telephone solicitor or employee or contractor of a telephone
21solicitor that makes a telephone solicitation to a nonresidential customer shall, upon
22the request of the nonresidential customer, provide the mailing address for notifying
23the telephone solicitor that the nonresidential customer does not wish to receive
24telephone solicitations.
