101,8
Section
8. 218.0171 (2) (cq) of the statutes is amended to read:
218.0171 (2) (cq) Upon payment of a refund to a consumer under par. (b) 2. b. or (cg) 1. or 2., the manufacturer shall provide to the consumer a written statement that specifies the trade-in amount previously applied under s. 77.51 (12m) (b) 5. or 6. or (15b) (b) 5. or 6. toward the sales price of the motor vehicle having the nonconformity and the date on which the manufacturer provided the refund.
101,9
Section
9. 218.0171 (2) (d) of the statutes is amended to read:
218.0171 (2) (d) No motor vehicle returned by a consumer or motor vehicle lessor in this state under par. (b) or sub. (6m), or by a consumer or motor vehicle lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
101,10
Section
10. 218.0171 (5) of the statutes is amended to read:
218.0171 (5) This Except as provided in sub. (7) (b), this section does not limit rights or remedies available to a consumer under any other law.
101,11
Section
11. 218.0171 (6m) of the statutes is created to read:
218.0171 (6m) Notwithstanding subs. (2) (b) and (6), if the consumer enters into a negotiated written settlement with the manufacturer regarding any motor vehicle nonconformity, the manufacturer shall no longer be subject to any requirement of this section, except for sub. (2) (d), with respect to that motor vehicle. This subsection applies only with respect to heavy-duty vehicles.
101,12
Section
12. 218.0171 (7) of the statutes is renumbered 218.0171 (7) (a) and amended to read:
218.0171 (7) (a) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section if the action is commenced within 36 months after first delivery of the motor vehicle to a consumer. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and may award any equitable relief the court determines appropriate.
101,13
Section
13. 218.0171 (7) (b) of the statutes is created to read:
218.0171 (7) (b) Notwithstanding any other provision of this section or ch. 802, 804, or 806, in an action for a violation under this section, if a court finds that any party to the action has failed to reasonably cooperate with another party's efforts to comply with obligations under this section, which hinders the other party's ability to comply with or seek recovery under this section, the court may extend any deadlines specified in this section, reduce any damages, attorney fees, or costs that may be awarded under par. (a), strike pleadings, or enter default judgment against the offending party.
101,14
Section
14. 218.0171 (8) of the statutes is created to read:
218.0171 (8) (a) The department of transportation shall prescribe one or more forms for consumers to use for all of the following:
1. To report a nonconformity to the manufacturer, the motor vehicle lessor, or any of the manufacturer's authorized motor vehicle dealers for the purpose of having the nonconformity repaired.
2. To elect that a manufacturer replace a motor vehicle with a comparable new motor vehicle as provided under sub. (2) (b) 2. a.
3. To elect that a manufacturer make a refund as provided under sub. (2) (b) 2. or 3.
(b) The department shall make any form specified in par. (a) available on the department's Internet site. Any form specified in par. (a) shall require the consumer to provide all of the following information:
1. The consumer's contact information.
2. Identification of the motor vehicle dealer from which the motor vehicle was purchased, the date of delivery of the motor vehicle from the dealer, and the purchase price of the motor vehicle.
3. Identification of any holder of a perfected security interest in the consumer's motor vehicle.
4. The mileage of the motor vehicle at the time the first nonconformity is asserted to have occurred.
5. If the form is to be used for the purpose of making an election described in par. (a) 2. or 3., a place on the form to make the election.
6. An itemization of any other damages claimed by the consumer.
(c) If any form specified in par. (a) is required under this section to be used by a consumer and the consumer has not provided all information required under par. (b) to the satisfaction of the manufacturer, the manufacturer may, within 30 days of receiving the form, request that the consumer provide additional information required under par. (b). If the manufacturer makes such a timely request for additional information, any time period under sub. (2) (c), (cg) 1. or 2., or (cm) 1. does not begin to elapse until the consumer provides this additional information.
101,15
Section
15. 227.01 (13) (yd) of the statutes is created to read:
227.01 (13) (yd) Relates to any form prescribed by the department of transportation under s. 218.0171 (8).
101,16
Section
16.
Initial applicability.
(1) This act first applies with respect to motor vehicles for which the express warranty commences on the effective date of this subsection.
101,17
Section
17.
Effective date.
(1) This act takes effect on the first day of the 3rd month beginning after publication.
