SB44-SSA1-SA113,9,52
100.07
(6) Action Upon request of the department of agriculture, trade, and
3rural resources, an action to enjoin violation of this section may be commenced and
4prosecuted by the department
of justice in the name of the state in any court having
5equity jurisdiction.
SB44-SSA1-SA113,9,118
100.171
(7) (b) Whoever intentionally violates this section is guilty of a Class
9I felony. A person intentionally violates this section if the violation occurs after the
10department
of justice or a district attorney has notified the person by certified mail
11that the person is in violation of this section.
SB44-SSA1-SA113,9,1513
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
14violations of this section. The department
of justice or any district attorney may on
15behalf of the state:
SB44-SSA1-SA113,9,1917
100.173
(4) (intro.) The department
of justice shall investigate violations of this
18section. The department
of justice, or any district attorney upon informing the
19department
of justice, may, on behalf of the state, do any of the following:
SB44-SSA1-SA113,9,2521
100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
22any court of competent jurisdiction for any violation of this section. The relief sought
23by the department
of justice or district attorney may include the payment by a
24promoter into an escrow account of an amount estimated to be sufficient to pay for
25ticket refunds. The court may, upon entry of final judgment, award restitution when
1appropriate to any person suffering loss because of violations of this section if proof
2of such loss is submitted to the satisfaction of the court.
SB44-SSA1-SA113,10,54
100.174
(5) (intro.) The department
of justice or any district attorney may on
5behalf of the state:
SB44-SSA1-SA113,10,87
100.174
(6) The department
of justice shall investigate violations of and
8enforce this section.
SB44-SSA1-SA113,10,1510
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
11pay more than $100 for dating services before the buyer receives or has the
12opportunity to receive those services unless the person selling dating services
13establishes proof of financial responsibility by maintaining any of the following
14commitments approved by the department
of justice in an amount not less than
15$25,000:
SB44-SSA1-SA113,10,2217
100.175
(5) (b) The commitment described in par. (a) shall be established in
18favor of or made payable to the state, for the benefit of any buyer who does not receive
19a refund under the contractual provision described in sub. (3). The person selling
20dating services shall file with the department
of justice any agreement, instrument
21or other document necessary to enforce the commitment against the person selling
22dating services or any relevant 3rd party, or both.
SB44-SSA1-SA113,10,2524
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
25on behalf of the state:
SB44-SSA1-SA113,11,52
100.175
(7) (b) The department
of justice may bring an action in circuit court
3to recover on a financial commitment maintained under sub. (5) against a person
4selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
5not receive a refund due under the contractual provision described in sub. (3).
SB44-SSA1-SA113,11,87
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
8department of justice.
SB44-SSA1-SA113,11,1110
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
11department of
health and family services justice.
SB44-SSA1-SA113,11,1713
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.
SB44-SSA1-SA113,11,2319
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.
SB44-SSA1-SA113,12,9
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.
SB44-SSA1-SA113,12,1311
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.
SB44-SSA1-SA113,12,1815
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.
SB44-SSA1-SA113,12,2420
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.
SB44-SSA1-SA113,13,11
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.
SB44-SSA1-SA113,13,2213
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
of the penalties and remedies provided therefor.
SB44-SSA1-SA113,14,424
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.
SB44-SSA1-SA113,14,126
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.
SB44-SSA1-SA113,14,1914
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.
SB44-SSA1-SA113,14,2521
100.20
(2) (b) Notwithstanding par. (a), the department
of justice may not issue
22any order or promulgate any rule that regulates the provision of water or sewer
23service by a manufactured home park operator, as defined in s. 101.91 (8), or
24manufactured home park contractor, as defined in s. 101.91 (6m), or enforce any rule
25to the extent that the rule regulates the provision of such water or sewer service.
SB44-SSA1-SA113,15,82
100.20
(3) The department
of justice, after public hearing, may issue a special
3order against any person, enjoining such person from employing any method of
4competition in business or trade practice in business which is determined by the
5department
of justice to be unfair or from providing service in violation of sub. (1t).
6The department
of justice, after public hearing, may issue a special order against any
7person, requiring such person to employ the method of competition in business or
8trade practice in business which is determined by the department
of justice to be fair.
SB44-SSA1-SA113,15,1810
100.20
(4) The If the department of justice
may file a written complaint with
11the department alleging that the has reason to believe that a person
named is
12employing unfair methods of competition in business or unfair trade practices in
13business or both
. Whenever such a complaint is filed
, it shall be the duty of the
14department
of justice to proceed, after proper notice and in accordance with its rules,
15to the hearing and adjudication of the
matters alleged, and a representative of the
16department of justice designated by the attorney general may appear before the
17department in such proceedings. The department of justice shall be entitled to
18judicial review of the decisions and orders of the department under ch. 227 matter.
SB44-SSA1-SA113,16,220
100.20
(6) The department
of justice may commence an action in circuit court
21in the name of the state to restrain by temporary or permanent injunction the
22violation of any order issued under this section. The court may in its discretion, prior
23to entry of final judgment
, make such orders or judgments as may be necessary to
24restore to any person any pecuniary loss suffered because of the acts or practices
25involved 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.
SB44-SSA1-SA113,16,74
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.
SB44-SSA1-SA113,16,159
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:
SB44-SSA1-SA113,16,2517
100.201
(9) (b) The department
of agriculture, trade, and rural resources, after
18public hearing held under s. 93.18, may issue a special order against any person
19requiring such person to cease and desist from acts, practices or omissions
20determined by the department
of agriculture, trade, and rural resources to violate
21this section. Such orders shall be subject to judicial review under ch. 227. Any
22violation of a special order issued hereunder shall be punishable as a contempt under
23ch. 785 in the manner provided for disobedience of a lawful order of a court, upon the
24filing of an affidavit by the department
of justice of the commission of such violation
25in any court of record in the county where the violation occurred.
SB44-SSA1-SA113,17,72
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
3remedies herein provided, may apply to a circuit court for a temporary or permanent
4injunction to prevent, restrain or enjoin any person from violating this section or any
5special order of the department
of agriculture, trade, and rural resources issued
6hereunder under this section, without being compelled to allege or prove that an
7adequate remedy at law does not exist.
SB44-SSA1-SA113,17,169
100.205
(7) The department
of justice, or any district attorney on informing the
10department
of justice, may commence an action in circuit court in the name of the
11state to restrain by temporary or permanent injunction any violation of this section.
12The court may, before entry of final judgment and after satisfactory proof, make
13orders or judgments necessary to restore to any person any pecuniary loss suffered
14because of a violation of this section. The department
of justice may conduct
15hearings, administer oaths, issue subpoenas and take testimony to aid in its
16investigation of violations of this section.
SB44-SSA1-SA113,17,2018
100.205
(8) The department
of justice or any district attorney may commence
19an action in the name of the state to recover a forfeiture to the state of not more than
20$10,000 for each violation of this section.
SB44-SSA1-SA113, s. 1762c
21Section 1762c. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.)
22and amended to read:
SB44-SSA1-SA113,17,2423
100.207
(1) Definition
Definitions. (intro.) In this section
, 24"telecommunications:
SB44-SSA1-SA113,17,25
25(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
SB44-SSA1-SA113,18,32
100.207
(1) (a) Notwithstanding s. 93.01 (3), "department" means the
3department of justice.
SB44-SSA1-SA113,18,155
100.207
(6) (b) 1. The department
of justice, after consulting with the
6department of agriculture, trade and consumer protection, or any district attorney
7upon informing the department
of agriculture, trade and consumer protection, may
8commence an action in circuit court in the name of the state to restrain by temporary
9or permanent injunction any violation of this section. Injunctive relief may include
10an order directing telecommunications providers, as defined in s. 196.01 (8p), to
11discontinue telecommunications service provided to a person violating this section
12or ch. 196. Before entry of final judgment, the court may make such orders or
13judgments as may be necessary to restore to any person any pecuniary loss suffered
14because of the acts or practices involved in the action if proof of these acts or practices
15is submitted to the satisfaction of the court.
SB44-SSA1-SA113,18,2217
100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
18to 93.16 and 100.18 (11) (c) to shall administer this section. The department
and the
19department of justice may subpoena persons
and, require the production of books
20and other documents, and
the department of justice may request the department of
21agriculture, trade and consumer protection to exercise its authority to aid in the
22investigation of investigate alleged violations of this section.
SB44-SSA1-SA113,19,324
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
25forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
1paragraph shall be enforced by the department
of justice, after consulting with the
2department of agriculture, trade and consumer protection, or, upon informing the
3department, by the district attorney of the county where the violation occurs.
SB44-SSA1-SA113,19,95
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
6department shall form an advisory group to suggest recommendations regarding the
7content and scope of the proposed rule. The advisory group shall consist of one or
8more persons who may be affected by the proposed rule
, a representative from the
9department of justice and a representative from the public service commission.
SB44-SSA1-SA113,19,1311
100.207
(6) (em) 2. The department shall submit the recommendations under
12subd. 1., if any, to the legislature as part of the report required under s. 227.19 (2)
13and to the board of agriculture, trade and consumer protection.
SB44-SSA1-SA113,19,1615
100.208
(2) (intro.) The department
of justice shall notify the public service
16commission if any of the following conditions exists:
SB44-SSA1-SA113,19,2018
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
19(3) prohibiting a telecommunications provider from engaging in an unfair trade
20practice or method of competition.
SB44-SSA1-SA113,20,222
100.209
(3) Rules and local ordinances allowed. This section does not
23prohibit the department
of justice from promulgating a rule or from issuing an order
24consistent with its authority under this chapter that gives a subscriber greater rights
1than the rights under sub. (2) or prohibit a city, village or town from enacting an
2ordinance that gives a subscriber greater rights than the rights under sub. (2).
