SB125: Bill Text

LRB-1069/3

CTS:lmk:nwn

2007 - 2008 LEGISLATURE

2007 Senate BILL 125

April 3, 2007 - Introduced by Senators Miller, Robson, Erpenbach, Lehman, Risser and Lassa, cosponsored by Representatives Turner, Nass, Berceau, Albers, Hilgenberg, A. Ott, Sinicki, Kerkman, Pocan, Jeskewitz, Sheridan, Bies, Gunderson, Musser and Hixson. Referred to Committee on Small Business, Emergency Preparedness, Workforce Development, Technical Colleges and Consumer Protection.

SB125,1,2 An Act to create 100.55 of the statutes; relating to: solicitations for the renewal of a subscription to a periodical.

Analysis by the Legislative Reference Bureau

This bill regulates solicitations to renew a subscription to a periodical. Under the bill, no person may send a mailing soliciting a renewal to a periodical (renewal solicitation) more than six months before the expiration date of the subscriber's current subscription. Also under the bill, a renewal solicitation must indicate the date on which the subscriber's current subscription will expire. The bill authorizes a person injured by a violation of the provisions of the bill to sue the violator for damages, and authorizes the Department of Agriculture, Trade and Consumer Protection to bring an enforcement action against a violator.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB125, s. 1 Section 1. 100.55 of the statutes is created to read:

SB125,1,6 100.55 Periodicals; renewal solicitations. (1) In this section, "periodical" means a newspaper, magazine, newsletter, or similar publication that is published at least 2 times per year and delivered to a subscriber.

SB125,2,3 (2) No person may solicit a subscriber to a periodical to renew the subscriber's subscription more than 6 months before the expiration date of the subscriber's current subscription.

SB125,2,6 (3) No person may solicit a subscriber to a periodical to renew the subscriber's subscription unless the solicitation indicates the expiration date of the subscriber's subscription.

SB125,2,10 (4) Any person suffering pecuniary loss because of a violation of this section may commence an action against the violator to recover twice the amount of the person's pecuniary loss, or $200 for each violation, whichever is greater, together with costs, including reasonable attorney fees, notwithstanding s. 814.04 (1).

SB125,2,14 (5) The department may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of this section. 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.

SB125,2,15 (End)