SB55-ASA1-AA29,9,2524
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
25comply with any civil investigative demand, or fails to obey any subpoena issued by
1the department
of justice, such person may be coerced as provided in s. 885.12, except
2that no person shall be required to furnish any testimony or evidence under this
3subsection which might tend to incriminate the person.
SB55-ASA1-AA29,10,155
100.18
(11) (d) The
department or the department of justice
, after consulting
6with the department, or any district attorney, upon informing the department
of
7justice, may commence an action in circuit court in the name of the state to restrain
8by temporary or permanent injunction any violation of this section. The court may
9in its discretion, prior to entry of final judgment, make such orders or judgments as
10may be necessary to restore to any person any pecuniary loss suffered because of the
11acts or practices involved in the action, provided proof thereof is submitted to the
12satisfaction of the court. The
department and the department of justice may
13subpoena persons and require the production of books and other documents
, and t
he
14department of justice may request the department to exercise its authority under
15par. (c) to aid in the investigation of alleged violations of this section.
SB55-ASA1-AA29,11,217
100.18
(11) (e) In lieu of instituting or continuing an action pursuant to this
18section,
the department or the department of justice may accept a written assurance
19of discontinuance of any act or practice alleged to be a violation of this section from
20the person who has engaged in such act or practice. The acceptance of such assurance
21by
either the department or the department of justice shall be deemed acceptance by
22the other state officials enumerated in par. (d)
any district attorney if the terms of
23the assurance so provide. An assurance entered into pursuant to this section shall
24not be considered evidence of a violation of this section, provided that violation of
1such an assurance shall be treated as a violation of this section, and shall be
2subjected to all the penalties and remedies provided therefor.
SB55-ASA1-AA29,11,94
100.182
(5) (a) Any district attorney, after informing the department
of justice,
5or the department
of justice may seek a temporary or permanent injunction in circuit
6court to restrain any violation of this section. Prior to entering a final judgment the
7court may award damages to any person suffering monetary loss because of a
8violation. The department
of justice may subpoena any person or require the
9production of any document to aid in investigating alleged violations of this section.
SB55-ASA1-AA29,11,1711
100.182
(5) (b) In lieu of instituting or continuing an action under this
12subsection, the department
of justice may accept a written assurance from a violator
13of this section that the violation has ceased. If the terms of the assurance so provide,
14its acceptance by the department
of justice prevents all district attorneys from
15prosecuting the violation. An assurance is not evidence of a violation of this section
16but violation of an assurance is subject to the penalties and remedies of violating this
17section.
SB55-ASA1-AA29,11,2419
100.20
(2) (a) The department
of justice, after public hearing, may issue
20general orders forbidding methods of competition in business or trade practices in
21business which are determined by the department
of justice to be unfair. The
22department
of justice, after public hearing, may issue general orders prescribing
23methods of competition in business or trade practices in business which are
24determined by the department
of justice to be fair.".
SB55-ASA1-AA29,12,104
100.20
(3) The department
of justice, after public hearing, may issue a special
5order against any person, enjoining such person from employing any method of
6competition in business or trade practice in business which is determined by the
7department
of justice to be unfair or from providing service in violation of sub. (1t).
8The department
of justice, after public hearing, may issue a special order against any
9person, requiring such person to employ the method of competition in business or
10trade practice in business which is determined by the department
of justice to be fair.
SB55-ASA1-AA29,12,2012
100.20
(4) The If the department of justice
may file a written complaint with
13the department alleging that the has reason to believe that a person
named is
14employing unfair methods of competition in business or unfair trade practices in
15business or both
. Whenever such a complaint is filed
, it shall be the duty of the
16department
of justice to proceed, after proper notice and in accordance with its rules,
17to the hearing and adjudication of the
matters alleged, and a representative of the
18department of justice designated by the attorney general may appear before the
19department in such proceedings. The department of justice shall be entitled to
20judicial review of the decisions and orders of the department under ch. 227 matter.
SB55-ASA1-AA29,13,522
100.20
(6) The department
of justice may commence an action in circuit court
23in the name of the state to restrain by temporary or permanent injunction the
24violation of any order issued under this section. The court may in its discretion, prior
1to entry of final judgment make such orders or judgments as may be necessary to
2restore to any person any pecuniary loss suffered because of the acts or practices
3involved in the action, provided proof thereof is submitted to the satisfaction of the
4court. The department
of justice may
use its authority in ss. 93.14 and 93.15 to 5investigate violations of any order issued under this section.
SB55-ASA1-AA29,13,107
100.201
(6) (d) The failure to pay fees under this subsection within the time
8provided under par. (c) is a violation of this section. The department
of justice may
9also commence an action to recover the amount of any overdue fees plus interest at
10the rate of 2% per month for each month that the fees are delinquent.
SB55-ASA1-AA29,13,1812
100.201
(8m) Jurisdiction. (intro.) This section shall apply to transactions,
13acts or omissions which take place in whole or in part outside this state. In any action
14or administrative proceeding the department
of justice has jurisdiction of the person
15served under s. 801.11 when any act or omission outside this state by the defendant
16or respondent results in local injury or may have the effect of injuring competition
17or a competitor in this state or unfairly diverts trade or business from a competitor,
18if at the time:
SB55-ASA1-AA29,14,220
100.201
(9) (b) The department, after public hearing held under s. 93.18, may
21issue a special order against any person requiring such person to cease and desist
22from acts, practices or omissions determined by the department to violate this
23section. Such orders shall be subject to judicial review under ch. 227. Any violation
24of a special order issued hereunder shall be punishable as a contempt under ch. 785
25in the manner provided for disobedience of a lawful order of a court, upon the filing
1of an affidavit by the department
of justice of the commission of such violation in any
2court of record in the county where the violation occurred.
SB55-ASA1-AA29,14,94
100.201
(9) (c) The department
of justice, in addition to or in lieu of any other
5remedies herein provided, may apply to a circuit court for a temporary or permanent
6injunction to prevent, restrain or enjoin any person from violating this section or any
7special order of the department
of agriculture, trade and consumer protection issued
8hereunder under this section, without being compelled to allege or prove that an
9adequate remedy at law does not exist.
SB55-ASA1-AA29,14,1811
100.205
(7) The department
of justice, or any district attorney on informing the
12department
of justice, may commence an action in circuit court in the name of the
13state to restrain by temporary or permanent injunction any violation of this section.
14The court may, before entry of final judgment and after satisfactory proof, make
15orders or judgments necessary to restore to any person any pecuniary loss suffered
16because of a violation of this section. The department
of justice may conduct
17hearings, administer oaths, issue subpoenas and take testimony to aid in its
18investigation of violations of this section.
SB55-ASA1-AA29,14,2220
100.205
(8) The department
of justice or any district attorney may commence
21an action in the name of the state to recover a forfeiture to the state of not more than
22$10,000 for each violation of this section.
SB55-ASA1-AA29,15,924
100.207
(6) (b) 1. The department of justice,
after consulting with the
25department of agriculture, trade and consumer protection, or any district attorney
1upon informing the department of
agriculture, trade and consumer protection 2justice, may commence an action in circuit court in the name of the state to restrain
3by temporary or permanent injunction any violation of this section. Injunctive relief
4may include an order directing telecommunications providers, as defined in s. 196.01
5(8p), to discontinue telecommunications service provided to a person violating this
6section or ch. 196. Before entry of final judgment, the court may make such orders
7or judgments as may be necessary to restore to any person any pecuniary loss
8suffered because of the acts or practices involved in the action if proof of these acts
9or practices is submitted to the satisfaction of the court.
SB55-ASA1-AA29,15,1611
100.207
(6) (b) 2. The department
may exercise its authority under ss. 93.14
12to 93.16 and 100.18 (11) (c) to of justice shall administer this section. The department
13and the department of justice may subpoena persons
and, require the production of
14books and other documents, and
the department of justice may request the
15department of agriculture, trade and consumer protection to exercise its authority
16to aid in the investigation of investigate alleged violations of this section.
SB55-ASA1-AA29,15,2318
100.207
(6) (c) Any person who violates subs. (2) to (4) shall be required to
19forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this
20paragraph shall be enforced by the department of justice,
after consulting with the
21department of agriculture, trade and consumer protection, or, upon informing the
22department
of justice, by the district attorney of the county where the violation
23occurs.
SB55-ASA1-AA29,16,2
1100.207
(6) (e) Subject to par. (em), the department
of justice shall promulgate
2rules under this section.
SB55-ASA1-AA29,16,94
100.207
(6) (em) 1. Before preparing any proposed rule under this section, the
5department
of justice shall form an advisory group to suggest recommendations
6regarding the content and scope of the proposed rule. The advisory group shall
7consist of one or more persons who may be affected by the proposed rule
, a
8representative from the department of justice and a representative from the public
9service commission.
SB55-ASA1-AA29,16,1411
100.207
(6) (em) 2. The department
of justice shall submit the
12recommendations under subd. 1., if any, to the legislature as part of the report
13required under s. 227.19 (2)
and to the board of agriculture, trade and consumer
14protection.
SB55-ASA1-AA29,16,1716
100.208
(2) (intro.) The department
of justice shall notify the public service
17commission if any of the following conditions exists:
SB55-ASA1-AA29,16,2119
100.208
(2) (b) The department
of justice has issued an order under s. 100.20
20(3) prohibiting a telecommunications provider from engaging in an unfair trade
21practice or method of competition.
SB55-ASA1-AA29,17,223
100.209
(3) Rules and local ordinances allowed. This section does not
24prohibit the department
of justice from promulgating a rule or from issuing an order
25consistent 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).
SB55-ASA1-AA29,17,54
100.209
(4) (b) The department
of justice and the district attorneys of this state
5have concurrent authority to institute civil proceedings under this section.
SB55-ASA1-AA29,17,117
100.2095
(6) (b) The department
of justice may commence an action in the
8name of the state to restrain by temporary or permanent injunction a violation of sub.
9(3), (4) or (5). Before entry of final judgment, the court may make any necessary
10orders to restore to any person any pecuniary loss suffered by the person because of
11the violation.
SB55-ASA1-AA29,17,1513
100.2095
(6) (c) The department
of justice or any district attorney may
14commence an action in the name of the state to recover a forfeiture to the state of not
15less than $100 nor more than $10,000 for each violation of sub. (3), (4) or (5).
SB55-ASA1-AA29,17,2117
100.21
(2) (a) No person may make an energy savings or safety claim without
18a reasonable and currently accepted scientific basis for the claim when the claim is
19made. Making an energy savings or safety claim without a reasonable and currently
20accepted scientific basis is
also an unfair method of competition and trade practice
21prohibited under s. 100.20.
SB55-ASA1-AA29,17,2423
100.21
(4) (a) (intro.) The department may, after public hearing, issue general
24or special orders
under s. 100.20:
SB55-ASA1-AA29,18,4
1100.22
(4) (b) The department
of justice may, without alleging or proving that
2no other adequate remedy at law exists, bring an action to enjoin violations of this
3section or a special order issued under this section in the circuit court for the county
4where the alleged violation occurred.
SB55-ASA1-AA29,18,96
100.235
(11) (a)
Forfeiture. Any person who violates this section or any rule
7promulgated or order issued under this section may be required to forfeit not less
8than $100 nor more than $10,000.
Notwithstanding s. 165.25 (1), the department
9may commence an action to recover a forfeiture under this paragraph.
SB55-ASA1-AA29,18,2011
100.26
(6) The department, the department of justice, after consulting with the
12department, or any district attorney may commence an action in the name of the
13state to recover a civil forfeiture to the state of not less than $100 nor more than
14$10,000 for each violation of Any person violating an injunction issued under s.
15100.18, 100.182 or 100.20 (6)
. The department of agriculture, trade and consumer
16protection or any district attorney may commence an action in the name of the state
17to recover a civil is subject to a forfeiture of not less than $100 nor more than $10,000
18for each violation. Any person violating an order issued under s. 100.20 is subject
19to a forfeiture
to the state of not less than $100 nor more than $10,000 for each
20violation
of an order issued under s. 100.20.".
SB55-ASA1-AA29,18,23
22"
Section 2426b. 100.261 (3) (b) 1. of the statutes is renumbered 100.261 (3)
23(b) and amended to read:
SB55-ASA1-AA29,19,5
1100.261
(3) (b) The state treasurer shall deposit the
consumer protection 2assessment amounts
imposed for a violation of ch. 98, a rule promulgated under ch.
398, or an ordinance enacted under ch. 98 in the general fund and shall credit them
4to the appropriation account under s. 20.115 (1) (jb), subject to the limit under
subd.
52. par. (c).".
SB55-ASA1-AA29,19,128
100.261
(3) (d) The state treasurer shall deposit the consumer protection
9assessment amounts imposed for a violation of this chapter, a rule promulgated
10under this chapter, or an ordinance enacted under this chapter in the general fund
11and shall credit them to the appropriation account under s. 20.455 (1) (g), subject to
12the limit under par. (e).
SB55-ASA1-AA29,19,1514
100.261
(3) (e) The amount credited to the appropriation account under s.
1520.455 (1) (g) may not exceed $185,000 in each fiscal year.".
SB55-ASA1-AA29,20,5
18100.263 Recovery. In addition to other remedies available under this chapter,
19the court may award
the department the reasonable and necessary costs of
20investigation and an amount reasonably necessary to remedy the harmful effects of
21the violation and the court may award
the department of justice the reasonable and
22necessary expenses of prosecution, including attorney fees, from any person who
23violates this chapter. The
department and the department of justice amounts
24awarded under this subsection shall
deposit be deposited in the state treasury for
1deposit in the general fund
all moneys that the court awards to the department, the
2department of justice or the state under this section. Ten percent of the money
3deposited in the general fund that was awarded under this section for the costs of
4investigation and the expenses of prosecution, including attorney fees, shall be
5credited to the appropriation account under s. 20.455 (1) (gh).
SB55-ASA1-AA29,20,97
100.28
(4) (b) In lieu of or in addition to forfeitures under par. (a), the
8department
of justice may seek an injunction restraining any person from violating
9this section.
SB55-ASA1-AA29,20,1311
100.28
(4) (c) The department
of justice, or any district attorney upon the
12request of the department
of justice, may commence an action in the name of the
13state under par. (a) or (b).
SB55-ASA1-AA29,20,2015
100.31
(4) Penalties. For any violation of this section, the department
of
16justice or a district attorney may commence an action on behalf of the state to recover
17a forfeiture of not less than $100 nor more than $10,000 for each offense. Each
18delivery of a drug sold to a purchaser at a price in violation of this section and each
19separate day in violation of an injunction issued under this section is a separate
20offense.
SB55-ASA1-AA29,21,222
100.31
(5) Special remedies. The department
of justice or a district attorney
23may bring an action to enjoin a violation of this section without being compelled to
24allege or prove that an adequate remedy at law does not exist. An action under this
25subsection may be commenced and prosecuted by the department
of justice or a
1district attorney, in the name of the state, in a circuit court in the county where the
2offense occurred or in Dane County, notwithstanding s. 801.50.
SB55-ASA1-AA29,21,54
100.37
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
5department of justice.
SB55-ASA1-AA29,21,107
100.38
(5) Inspection. The department
of justice shall enforce this section by
8inspection, chemical analyses or any other appropriate method and the department
9of justice may promulgate such rules as are necessary to effectively enforce this
10section.
