SB190-SSA1,4,1716 4. A description of action the customer must take to decline renewal or
17extension.
SB190-SSA1,4,1818 5. The date of the deadline for the customer to decline renewal or extension.
SB190-SSA1,4,2119 (c) If a seller fails to comply with par. (a), an automatic renewal or extension
20provision in the contract is not enforceable, and the contract terminates at the end
21of the current contract term.
SB190-SSA1,4,2322 (d) Paragraph (a) does not apply to a contract in effect on the effective date of
23this paragraph .... [LRB inserts date], or to subsequent renewals of such a contract.
SB190-SSA1,5,6 24(3) Notice required. If a business contract that has an initial term of more
25than one year provides that the contract will be automatically renewed or extended

1for an additional term of more than one year, unless the customer declines renewal
2or extension, the provision is not enforceable against the customer and the contract
3will terminate at the end of the current contract term unless the seller provides to
4the customer, at least 15 days but not more than 60 days before the deadline for the
5customer to decline renewal or extension, a written notice containing all of the
6following:
SB190-SSA1,5,87 (a) A statement that the contract will be renewed or extended unless the
8customer declines renewal or extension.
SB190-SSA1,5,99 (b) The deadline for the customer to decline renewal or extension.
SB190-SSA1,5,1110 (c) A description of any increase in charges to the customer that will apply after
11renewal or extension.
SB190-SSA1,5,1312 (d) A description of action that the customer must take to decline extension or
13renewal.
SB190-SSA1,5,15 14(4) Manner of giving notice. A seller or a person acting on behalf of the seller
15shall give the written notice required under sub. (3) by any of the following methods:
SB190-SSA1,5,1816 (a) By mailing a copy of the notice by regular U.S. mail to the customer at the
17customer's last-known business address, unless the contract requires the customer
18to notify the seller by certified mail of the customer's intent to cancel.
SB190-SSA1,5,2019 (b) By mailing a copy of the notice by registered or certified mail to the customer
20at the customer's last-known business address.
SB190-SSA1,5,2221 (c) By giving a copy of the notice personally to an owner, officer, director, or
22managing agent of the customer's business.
SB190-SSA1,5,2523 (d) By including the notice on the first page of a monthly invoice sent to the
24customer. Notice under this paragraph shall be prominently displayed in bold face
25type and in a type size no smaller than 12-point.
SB190-SSA1,6,3
1(e) By sending a facsimile to the customer to the customer's last-known
2facsimile number, if the contract permits the customer to use this method to notify
3the seller that the customer declines renewal or extension of the contract.
SB190-SSA1,6,74 (f) By sending an electronic mail message to the customer at the customer's
5last-known electronic mail address, if the contract permits the customer to use this
6method to notify the seller that the customer declines renewal or extension of the
7contract.
SB190-SSA1,6,108 (g) By sending the notice via a recognized overnight courier service, if the
9contract permits the customer to use this method to notify the seller that the
10customer declines renewal or extension of the contract.
SB190-SSA1,6,16 11(5) Unenforceable terms. No business contract between a seller and a
12customer may require that the customer permit the seller to match any offer the
13customer receives from or makes to another seller for services to be provided after
14the end of the stated term of the contract or renewal period of the contract. A
15provision in a business contract that violates this subsection is void and
16unenforceable.
SB190-SSA1,6,18 17(6) Remedies. (a) Any of the following customers may bring an action or
18counterclaim for damages against a seller:
SB190-SSA1,6,2219 1. A customer who has notified a seller that the customer declines renewal or
20extension of a business contract to which sub. (3) applies, if the seller has failed to
21give notice as required under subs. (3) and (4) and the seller has refused to terminate
22the contract as requested by the customer.
SB190-SSA1,6,2423 2. A customer against whom a seller has attempted to enforce a provision in a
24business contract that is unenforceable under sub. (5).
SB190-SSA1,7,2
1(b) A customer who prevails in an action or counterclaim under par. (a) is
2entitled to damages in either of the following amounts:
SB190-SSA1,7,43 1. An amount that equals twice the amount of the damages incurred by the
4customer.
SB190-SSA1,7,65 2. An amount that equals twice the amount of the periodic payment specified
6in the contract or $1,000, whichever is less.
SB190-SSA1,7,97 (c) Notwithstanding the limitations in s. 814.04 (1), the court shall award a
8customer who prevails in an action or counterclaim under this subsection costs,
9including reasonable attorney fees.
SB190-SSA1,7,1110 (d) A seller is not liable in an action or counterclaim under this subsection if
11the court finds either of the following:
SB190-SSA1,7,1212 1. All of the following:
SB190-SSA1,7,1413 a. The seller has established and implemented written procedures for
14complying with this section.
SB190-SSA1,7,1715 b. The seller's failure to comply with subs. (3) and (4), or the seller's attempt
16to enforce a provision that is void and unenforceable under sub. (5), was not willful
17or malicious.
SB190-SSA1,7,1918 c. The seller has refunded any amounts paid by the customer after the date of
19the renewal or extension until the date on which the business contract is terminated.
SB190-SSA1,7,2320 2. The customer requested, in writing, renewal or extension of the contract that
21is the basis for the customer's action or counterclaim against the seller, and the
22customer was aware of the terms under which the contract would be renewed or
23extended.
SB190-SSA1, s. 2 24Section 2. Initial applicability.
SB190-SSA1,8,3
1(1) This act first applies to contracts for the lease of business equipment or for
2providing business services that are entered into, modified, or renewed on the
3effective date of this subsection.
SB190-SSA1, s. 3 4Section 3. Effective date.
SB190-SSA1,8,65 (1) This act takes effect on the first day of the 12th month beginning after
6publication.
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