AB574: Bill Text

AB574,4,19 (d) Offer a consumer a prize or prize opportunity or free or reduced-price goods or services, the acceptance of which commits the consumer to receive or pay for other consumer goods or services, unless the seller makes a disclosure of that commitment at or before the time the consumer agrees to purchase the goods or services.

AB574,4,23 (e) Misrepresent to a consumer, directly or by implication, that the consumer's failure to reject or return a delivery of consumer goods or services that was not authorized by the consumer constitutes an acceptance that obligates the consumer to pay for those goods or services.

AB574,5,3 (3) Exceptions. (a) Subsection (2) does not apply to the conduct of an agent or representative of a seller when providing billing services if the agent or representative did not know or have reason to know that its conduct violates sub. (2).

AB574,5,4 (b) Subsection (2) (a) and (b) do not apply to any of the following:

AB574,5,6 1. A negative option plan, as defined in 16 CFR 425.1, if the negative option plan meets the requirements of 16 CFR 425.1.

AB574,5,10 2. A contractual plan or arrangement under which a seller, on a periodic basis, ships a similar type of goods to a consumer who has consented in advance to receive the goods on a periodic basis, if the plan or arrangement does not impose a binding commitment period or require a minimum purchase amount.

AB574,5,13 (4) Acceptance of free goods or services. For purposes of sub. (2), the acceptance of free goods or services does not, of itself, constitute an agreement to purchase or lease the goods or services.

AB574, s. 2 Section 2. 100.197 of the statutes is created to read:

AB574,5,15 100.197 Lawn care service contracts. (1) Definitions. In this section:

AB574,5,17 (a) "Consumer" means an individual to whom a provider sells or leases, or offers to sell or lease, lawn care service.

AB574,5,19 (c) "Lawn care service" means any of the following services provided in or around a consumer's personal residence for nonagricultural purposes:

AB574,5,21 1. Application of a fertilizer, a pesticide, or a soil or plant additive intended to promote plant growth or health.

AB574,5,22 2. A plant mowing or trimming service.

AB574,5,24 (cm) "Oral disclosure" means a clear oral statement that is designed to be readily understood by the consumer.

AB574,6,2 (d) "Provider" means a person who sells or leases, or offers to sell or lease, lawn care service to consumers.

AB574,6,5 (e) "Written disclosure" means a clear written statement that may be retained by the consumer and that is designed to be readily noticed and understood by the consumer.

AB574,6,9 (2) Continuing contract; required terms; annual disclosure. (a) No contract for lawn care service may be in effect for more than one year unless, in the 2nd and any subsequent year, the provider makes a written disclosure or an oral disclosure at least 30 days before providing lawn care service under the contract in that year.

AB574,6,11 (b) A written disclosure or an oral disclosure under this subsection shall include all of the following information:

AB574,6,13 1. The lawn care service included in the contract and the price and frequency of the lawn care service.

AB574,6,14 2. The right of the consumer to cancel the contract as provided in par. (c).

AB574,6,18 (c) A contract for lawn care service that may be in effect for more than one year shall permit the consumer to cancel the contract, at no cost to the consumer, if the consumer cancels within 30 days after receiving a written disclosure or an oral disclosure from the provider.

AB574,6,20 (d) The provider shall keep a copy of all written disclosures and a record of all oral disclosures that are made in accordance with this subsection.

AB574, s. 3 Section 3. 100.198 of the statutes is created to read:

AB574,6,24 100.198 Unfair billing; lawn care service; penalties and remedies. (1) Investigation. The department may exercise its authority under ss. 93.14 and 93.15 to investigate violations of s. 100.195 or 100.197.

AB574,7,5 (2) Civil actions by private persons. Any person suffering pecuniary loss because of a violation of s. 100.195 or 100.197 may commence an action to recover the pecuniary loss. If the person prevails, the person shall recover twice the amount of the pecuniary loss, or $200 for each violation, whichever is greater, together with costs, including reasonable attorney fees.

AB574,7,10 (3) Injunction and restitution. The department may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of s. 100.195 or 100.197. Before entry of final judgment, the court may make any necessary orders to restore to a person any pecuniary loss suffered by the person because of the violation.

AB574,7,13 (4) Civil forfeiture. The department or a district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of s. 100.195 or 100.197.

AB574,7,16 (5) Criminal penalties. A person who violates s. 100.195 or 100.197 is subject to a fine of not less than $25 nor more than $5,000 or imprisonment not to exceed one year or both for each violation.

AB574, s. 4 Section 4. 165.25 (4) (ar) of the statutes is amended to read:

AB574,7,23 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and, 100.51, 100.95, and 100.97 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

AB574, s. 5 Section 5. 814.04 (intro.) of the statutes is amended to read:

AB574,8,5 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.198 (2), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d), and 943.51 (2) (b), when allowed costs shall be as follows:

AB574, s. 6 Section 6. Initial applicability.

AB574,8,8 (1) Unfair billing. The treatment of section 100.195 of the statutes first applies to violations committed on the effective date of this subsection.

AB574,8,10 (2) Lawn care service contracts. The treatment of section 100.197 of the statutes first applies to contracts entered into on the effective date of this subsection.

AB574, s. 7 Section 7. Effective date.

AB574,8,13 (1) This act takes effect on first day of the 10th month beginning after publication.

AB574,8,14 (End)