100.205 Annotation
Wisconsin law authorizes but does not require commissioner of insurance to demand periodic reports from insurer relating to rustproofing warranties it insures. Commissioner has authority to require an insurer to increase amount of insurance backing a rustproofer's warranties in Wisconsin. This section was not intended to negate the application of general insurance law to rustproofing warranties.
78 Atty. Gen. 113.
100.205 Annotation
Remedies for motor vehicle purchasers. Nicks, WBB March, 1985.
100.207
100.207
Telecommunications services. 100.207(1)
(1)
Definition. In this section, "telecommunications service" has the meaning given in
s. 196.01 (9m).
100.207(2)
(2) Advertising and sales representations. A person may not make in any manner any statement or representation with regard to the provision of telecommunications service, including the rates, terms or conditions for telecommunications service, which is false, misleading or deceptive, or which omits to state material information with respect to the provision of telecommunications service that is necessary to make the statement not false, misleading or deceptive.
100.207(3)(a)(a) A person may not engage in negative option billing or negative enrollment of telecommunications services, including unbundled telecommunications services. A person may not bill a customer for any telecommunications service that the customer did not affirmatively order unless that service is required to be provided by law, the federal communications commission or the public service commission. A customer's failure to refuse a person's proposal to provide a telecommunications service is not an affirmative request for that telecommunications service.
100.207(3)(b)
(b) A person may not charge a customer for telecommunications service provided after the customer has canceled that telecommunications service.
100.207(3)(c)
(c) A person shall provide a customer who has ordered a telecommunications service through an oral solicitation with independent confirmation of the order within a reasonable time.
100.207(4)(a)(a) A person may not misrepresent that local exchange service may be disconnected for nonpayment of other telecommunications service.
100.207(4)(b)
(b) A person may not unreasonably refuse to provide a detailed listing of charges for telecommunications service upon the request of a customer.
100.207(5)
(5) Territorial application. Subsections (2) to
(4) apply to any practice directed to any person in this state.
100.207(6)(a)1.1. If a person fails to comply with this section, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief, including damages, injunctive or declaratory relief, specific performance and rescission.
100.207(6)(a)2.
2. A person or class of persons entitled to relief under
subd. 1. is also entitled to recover costs and disbursements.
100.207(6)(b)1.1. The department of justice, after consulting with the department of agriculture, trade and consumer protection, or any district attorney upon informing the department of agriculture, trade and consumer protection, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. Injunctive relief may include an order directing telecommunications providers, as defined in
s. 196.01 (8p), to discontinue telecommunications service provided to a person violating this section or
ch. 196. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.
100.207(6)(b)2.
2. The department may exercise its authority under
ss. 93.14 to
93.16 and
100.18 (11) (c) to administer this section. The department and the department of justice may subpoena persons and require the production of books and other documents, and the department of justice may request the department of agriculture, trade and consumer protection to exercise its authority to aid in the investigation of alleged violations of this section.
100.207(6)(c)
(c) Any person who violates
subs. (2) to
(4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, after consulting with the department of agriculture, trade and consumer protection, or, upon informing the department, by the district attorney of the county where the violation occurs.
100.207(6)(e)
(e) Subject to
par. (em), the department shall promulgate rules under this section.
100.207(6)(em)1.1. Before preparing any proposed rule under this section, the department shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.
100.207(6)(em)2.
2. The department shall submit the recommendations under
subd. 1., if any, to the legislature as part of the report required under
s. 227.19 (2) and to the board of agriculture, trade and consumer protection.
100.207(6)(f)
(f) This section does not preempt the administration or enforcement of this chapter or
ch. 133 or
196.Practices in violation of this section may also constitute unfair methods of competition or unfair trade practices under
s. 100.20 (1) or
(1t) or fraudulent representations under
s. 100.18 (1) or violate
ch. 133 or
196.
100.207 History
History: 1993 a. 496;
1995 a. 27.
100.208
100.208
Unfair trade practices in telecommunications. 100.208(2)
(2) The department shall notify the public service commission if any of the following conditions exists:
100.208(2)(a)
(a) A telecommunications provider has been found by a court to have violated any provision of this chapter or of a rule promulgated under
s. 100.20 (2).
100.208(2)(b)
(b) The department has issued an order under
s. 100.20 (3) prohibiting a telecommunications provider from engaging in an unfair trade practice or method of competition.
100.208 History
History: 1993 a. 496.
100.21
100.21
Substantiation of energy savings or safety claims. 100.21(1)(a)
(a) "Dwelling unit" means a dwelling, as defined under
s. 101.61, a manufactured building, as defined under
s. 101.71, a manufactured home or mobile home, as defined under
s. 101.91, or a multifamily dwelling, as defined under
s. 101.971 (2).
100.21(1)(b)
(b) "Energy savings or safety claim" means an advertisement or representation that:
100.21(1)(b)1.
1. A product is safe or meets any standard or measure of safety; or
100.21(1)(b)2.c.
c. Reduces relative consumption of or expenditures for fuel or electricity; or
100.21(1)(c)
(c) "Insulation" means any material primarily designed to resist heat flow in a dwelling unit. "Insulation" does not include pipe or duct insulation except for duct wrap.
100.21(1)(e)
(e) "Person" means any manufacturer, distributor, installer or seller of any product.
100.21(1)(f)2.
2. Any system or device used in or around a dwelling unit for the heating of space or water or the generation of electricity, including any attachment or additive to the system or device. "Product" does not include any system, device, attachment or additive included in the original construction of a dwelling unit or in the sale or transfer of a dwelling unit.
100.21(1)(f)3.
3. Any fuel additive, including any motor vehicle fuel additive.
100.21(1)(f)4.
4. Any article used in a motor vehicle to promote fuel efficiency. "Product" does not include any original part or equipment in a motor vehicle as sold by the manufacturer or a licensed dealer or any substantially identical replacement part or equipment for the motor vehicle.
100.21(1)(g)
(g) "`R' value" means the measure of resistance to heat flow through a material, computed as the reciprocal of the heat flow through a material expressed in British thermal units per hour per square foot per degree Fahrenheit at 75 degrees Fahrenheit mean temperature.
100.21(2)(a)(a) No person may make an energy savings or safety claim without a reasonable and currently accepted scientific basis for the claim when the claim is made. Making an energy savings or safety claim without a reasonable and currently accepted scientific basis is an unfair method of competition and trade practice prohibited under
s. 100.20.
100.21(2)(b)
(b) An energy savings or safety claim made by a person other than a manufacturer does not violate
par. (a) if the person relies in good faith on written materials distributed by the manufacturer and if the claim is limited to the representations in the materials. Any energy savings or safety claim made by a person other than a manufacturer, after the person is notified that no reasonable and currently accepted scientific basis for the claim has been submitted, is a violation of
par. (a).
100.21(3)(a)(a) Any person making an energy savings or safety claim shall, upon written request by the department, submit information upon which the person relied to substantiate the claim. Failure to submit information requested under this subsection is a violation of
sub. (2) (a).
100.21(3)(b)
(b) The department shall make available to any person any information submitted under this subsection unless protected from disclosure by state or federal law.
100.21(4)(a)(a) The department may, after public hearing, issue general or special orders under
s. 100.20:
100.21(4)(a)1.
1. Prohibiting any energy savings or safety claim that violates
sub. (2);
100.21(4)(a)2.
2. Regulating the manner in which the energy savings or safety claim is made, including requiring accompanying disclosures to prevent unfairness or deception;
100.21(4)(a)3.
3. Prescribing any test method or other reasonable criteria by which the adequacy of the basis for any energy savings or safety claim is determined; or
100.21(4)(a)4.
4. Requiring corrective advertising to correct a violation of
sub. (2).
100.21(4)(c)
(c) The department shall cooperate with all other state agencies in the administration of this section, as provided in
s. 20.901.
100.21(6)
(6) Rule making. The department shall adopt rules that set standards which determine if a reasonable and currently accepted scientific basis exists for an energy savings or safety claim under
sub. (2). Adoption of rules is not a prerequisite to enforcement of this section. To the extent feasible, the department shall incorporate nationally recognized standards into the rules.
100.22
100.22
Discrimination in purchase of milk prohibited. 100.22(1)(1)
Prohibition. Except as provided in
sub. (1m), no person engaged in the business of buying milk from producers for the purpose of manufacture, processing or resale may discriminate between producers in the price paid for milk or in services furnished in connection with the purchase of milk if the discrimination injures producers or injures, destroys or prevents competition between competing purchasers of milk.
100.22(1m)
(1m) Milk pricing. A person engaged in the business of buying milk from producers for the purpose of manufacture, processing or resale may pay producers different prices for the purchase of milk based on differences in milk quality, if all of the following apply:
100.22(1m)(a)
(a) Before making any payments to producers, the person engaged in the business of buying milk from producers establishes a payment method based on differences in milk quality determined by an actual measured difference in bacteria count, somatic cell count, enzyme level or drug residue findings in the milk.
100.22(1m)(b)
(b) Before making any payments to producers, the person engaged in the business of buying milk from producers announces, and offers to make payments in accordance with, the payment method established under
par. (a) to all producers from whom the person buys milk.
100.22(1m)(c)
(c) The person engaged in the business of buying milk from producers makes payments to all milk producers from whom the person purchases milk in accordance with the payment method established under
par. (a).
100.22(1m)(d)
(d) The payment method established under
par. (a) is not part of any other method used to discriminate between producers in the price paid for milk or in services furnished in connection with the purchase of milk.
100.22(2)
(2) Contracts void. A contract in violation of this section or a special order issued under this section is void.
100.22(3)
(3) Justification defense. It is a defense to a prosecution for violation of this section or a special order issued under this section to prove that the discrimination in price or services was done in good faith to meet competition or was commensurate with an actual difference in the quantity of or transportation charges or marketing expenses for the milk purchased.
100.22(4)(a)(a) The department may, after hearing, issue a special order enjoining violations of this section.
100.22(4)(b)
(b) The department may, without alleging or proving that no other adequate remedy at law exists, bring an action to enjoin violations of this section or a special order issued under this section in the circuit court for the county where the alleged violation occurred.
100.22(5)(a)(a) A person who violates this section shall forfeit not less than $100 nor more than $2,500.
100.22(5)(b)
(b) A person who violates a special order issued under this section shall forfeit not less than $200 nor more than $5,000.
100.22 History
History: 1981 c. 124;
1991 a. 269.
100.23
100.23
Contract to market agricultural products; interference prohibited. 100.23(1)(a)
(a) "Agricultural product" includes, but is not limited to, any agricultural commodity, as defined in
s. 94.67 (2).
100.23(1)(b)
(b) "Association" means an association of persons engaged in the production of agricultural products under
7 USC 291.
100.23(1)(c)
(c) "Contract" means an agreement between a producer and an association, which agreement provides that all or a specified part of the person's production of one or more agricultural products by the person will be exclusively sold or marketed through or by the association or any facility furnished by it.
100.23(1)(d)
(d) "Producer" means a person who produces agricultural products.
