LRB-3948/3
RNK:jlg:jf
1999 - 2000 LEGISLATURE
March 1, 2000 - Introduced by Senators Burke and
Clausing, cosponsored by
Representatives Seratti, Bock, Kreuser, La Fave, J. Lehman, Miller, Musser,
Pettis, Pocan, Richards, Sykora, Turner and Ziegelbauer. Referred to
Committee on Judiciary and Consumer Affairs.
SB426,1,3
1An Act to create 100.20 (7) of the statutes;
relating to: a private right of action
2against persons who engage in unfair methods of competition in business and
3unfair trade practices in business.
Analysis by the Legislative Reference Bureau
Current law prohibits persons from engaging in unfair methods of competition
in business or unfair trade practices in business (unfair trade practices). The
department of agriculture, trade and consumer protection (DATCP), after public
hearing, may issue general and special orders prohibiting certain unfair trade
practices.
Under current law, the department of justice, (DOJ), may file a complaint with
DATCP against a person that DOJ alleges is engaging in an unfair trade practice.
DATCP must then proceed with a hearing and adjudication of the matter. DATCP
may also bring a court action to enjoin the violation of any order that it issues
concerning an unfair trade practice. The court may, before entry of a final judgment,
award a person certain damages suffered because of the violation of the order.
Finally, a person who suffers damages because of the violation of an order issued by
DATCP may bring his or her own court action to recover twice the amount of those
damages.
This bill creates a separate private right of action that entitles a person to bring
a court action for damages suffered as the result of the commission of an unfair trade
practice, regardless of whether DATCP has issued an order concerning that unfair
trade practice.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB426, s. 1
1Section
1. 100.20 (7) of the statutes is created to read:
SB426,2,62
100.20
(7) Except as provided in sub. (5), any person who suffers damages as
3the result of another person engaging in an unfair method of competition in business
4or an unfair trade practice in business may bring an action against the person who
5engaged in the unfair act to recover the amount of those damages, together with
6reasonable attorney fees and costs, notwithstanding s. 814.04.
SB426,2,98
(1) This act first applies to unfair methods of competition and unfair trade
9practices that are engaged in on the effective date of this subsection.
