LRB-3426/1
CTS:jld:jf
2009 - 2010 LEGISLATURE
February 26, 2010 - Introduced by Senators Lehman and Taylor, cosponsored by
Representatives Pope-Roberts, Turner and Knodl. Referred to Committee
on Small Business, Emergency Preparedness, Technical Colleges, and
Consumer Protection.
SB560,1,3
1An Act to create 100.18 (10d) of the statutes;
relating to: prohibiting
2advertising the price of merchandise as reduced by an available rebate unless
3the rebate is provided at the time of purchase.
Analysis by the Legislative Reference Bureau
Current law generally prohibits untrue, deceptive, or misleading advertising
for real estate, merchandise, securities, employment, or services. Current law also
identifies specific practices as prohibited deceptive advertising. The Department of
Agriculture, Trade and Consumer Protection enforces the current provisions and
investigates violations. Violators are generally subject to a forfeiture of $50 to $100
for each violation. Also under current law, a person who suffers pecuniary loss as a
result of a violation may bring an action against the violator to recover the amount
of the loss and attorney fees.
This bill identifies another practice that constitutes deceptive advertising.
Under the bill, it is deceptive advertising to advertise the price of merchandise as
reduced by an available rebate of a portion of the purchase price unless the rebate
is provided to the purchaser at the time of purchase.
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:
SB560, s. 1
1Section
1. 100.18 (10d) of the statutes is created to read:
SB560,2,52
100.18
(10d) It is deceptive advertising to advertise the price of retail
3merchandise as reduced by an available rebate of a portion of the purchase price of
4the merchandise unless the rebate is provided to the purchaser of the merchandise
5at the time of purchase.
SB560,2,87
(1)
This act takes effect on the first day of the 6th month beginning after
8publication.
