134.74(3)(a)4.
4. Any requirement or invitation for the individual to view, hear or attend a sales presentation in order to claim a prize, the approximate length of the sales presentation and a description of the property or service that is the subject of the sales presentation.
134.74(3)(a)5.
5. Any requirement that the individual pay shipping or handling fees or any other charges to obtain or use a prize.
134.74(3)(a)6.
6. If receipt of the prize is subject to a restriction, a statement that a restriction applies, a description of the restriction and a statement containing the location in the notice where the restriction is described.
134.74(3)(b)1.1. The verifiable retail value and the statement of odds required in a written prize notice under
par. (a) 2. and
3. shall be stated in immediate proximity to each listing of the prize in each place the prize appears on the written prize notice and shall be in the same size and boldness of type as the prize.
134.74(3)(b)2.
2. The statement of odds shall include, for each prize, the total number of prizes to be given away and the total number of written prize notices to be delivered. The number of prizes and written prize notices shall be stated in Arabic numerals. The statement of odds shall be in the following form: ".... (number of prizes) out of.... written prize notices".
134.74(3)(b)3.
3. The verifiable retail value shall be in the following form: "verifiable retail value: $....".
134.74(3)(c)
(c) If an individual is required to pay shipping or handling fees or any other charges to obtain or use a prize, the following statement shall appear in immediate proximity to each listing of the prize in each place the prize appears in the written prize notice and shall be in not less than 10-point boldface type: "YOU MUST PAY $.... IN ORDER TO RECEIVE OR USE THIS ITEM."
134.74(3)(d)
(d) The information required in a written prize notice under
par. (a) 4. shall be on the first page of the written prize notice in not less than 10-point boldface type. The information required under
par. (a) 6. and
7. shall be in not less than 10-point boldface type.
134.74(3)(e)
(e) If a written prize notice is given by a solicitor on behalf of a sponsor, the name of the sponsor shall be more prominently and conspicuously displayed than the name of the promoter.
134.74(3)(f)
(f) A solicitor or sponsor may not do any of the following:
134.74(3)(f)1.
1. Place on an envelope containing a written prize notice any representation that the person to whom the envelope is addressed has been selected or may be eligible to receive a prize.
134.74(3)(f)2.
2. Deliver a written prize notice that contains language, or is designed in a manner, that would lead a reasonable person to believe that it originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector or law firm unless the written prize notice originates from that source.
134.74(3)(f)3.
3. Represent directly or by implication that the number of individuals eligible for the prize is limited or that an individual has been selected to receive a particular prize unless the representation is true.
134.74(4)
(4) Sales presentations. If a prize notice requires or invites an individual to view, hear or attend a sales presentation in order to claim a prize, the sales presentation may not begin until the solicitor does all of the following:
134.74(4)(a)
(a) Informs the individual of the prize, if any, that has been awarded to the individual.
134.74(4)(b)
(b) If the individual has been awarded a prize, delivers to the individual the prize or the item selected by the individual under
sub. (5) if the prize is not available.
134.74(5)
(5) Prize award required; options if prize not available. 134.74(5)(a)(a) A solicitor who represents to an individual in a written prize notice that the individual has been awarded a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one of the following items selected by the individual:
134.74(5)(a)1.
1. Any other prize listed in the written prize notice that is available and that is of equal or greater value.
134.74(5)(a)2.
2. The verifiable retail value of the prize in the form of cash, a money order or a certified check.
134.74(5)(a)3.
3. A voucher, certificate or other evidence of obligation stating that the prize will be shipped to the individual within 30 days at no cost to the individual.
134.74(5)(b)
(b) If a voucher, certificate or other evidence of obligation delivered under
par. (a) 3. is not honored within 30 days, the solicitor shall deliver to the individual the verifiable retail value of the prize in the form of cash, a money order or a certified check. The sponsor shall make the payment to the individual if the solicitor fails to do so.
134.74(6)
(6) Compliance with other laws. Nothing in this section shall be construed to permit an activity prohibited by
s. 945.02 (3).
134.74(7)(a)(a) Whoever violates this section may be required to forfeit not less than $100 nor more than $5,000 for each violation.
134.74(7)(b)
(b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 2 years or both. A person intentionally violates this section if the violation occurs after the department of agriculture, trade and consumer protection or a district attorney has notified the person by certified mail that the person is in violation of this section.
134.74(8)
(8) Enforcement. The department of agriculture, trade and consumer protection shall investigate violations of this section. The department of agriculture, trade and consumer protection or any district attorney may on behalf of the state:
134.74(8)(a)
(a) Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this section. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this section if proof of such loss is submitted to the satisfaction of the court.
134.74(8)(b)
(b) Bring an action in any court of competent jurisdiction for the penalties authorized under
sub. (7).
134.74(9)
(9) Private action. In addition to any other remedies, a person suffering pecuniary loss because of a violation by another person of this section may bring an action in any court of competent jurisdiction and shall recover all of the following:
134.74(9)(a)
(a) The greater of $500 or twice the amount of the pecuniary loss.
134.74 History
History: 1991 a. 269,
315;
1995 a. 27.
134.77
134.77
Beverage container regulation. 134.77(1)(a)
(a) "Beverage" means any alcohol beverage, as defined in
s. 125.02 (1), malt beverage, tea, bottled drinking water, as defined under
s. 97.34 (1) (a), soda water beverage, as defined under
s. 97.34 (1) (b), or fruit or vegetable juice or drink which is intended for human consumption.
134.77(1)(b)
(b) "Beverage container" means an individual, separate, sealed plastic or metal container for a beverage.
134.77(2)
(2) Self-opening metal beverage containers. 134.77(2)(a)(a) No person may sell or offer for sale at retail in this state any metal beverage container so designed and constructed that it is opened by detaching a metal ring or tab.
134.77(2)(b)
(b) Paragraph (a) does not prohibit the sale of a beverage container which:
134.77(2)(b)1.
1. Is sealed with laminated tape, foil or other soft material that is detachable.
134.77(2)(b)2.
2. Contains milk-based, soy-based or similar products which require heat and pressure in the canning process.
134.77(3)
(3) Plastic connectors. No person may sell or offer for sale at retail in this state any beverage container if the beverage container is connected to another beverage container by means of a device constructed of a material which does not decompose by photodegradation or biodegradation within a reasonable time after exposure to weather elements.
134.77(4)
(4) Penalty. Any person who violates
sub. (2) or
(3) shall forfeit not more than $500 for each violation. Each day of violation constitutes a separate offense.
134.77 History
History: 1987 a. 108.
134.80
134.80
Home heating fuel dealers. Any dealer selling fuel of any kind for the purpose of heating a private residence shall notify each private residential customer whose account is subject to disconnection of the existence of the fuel assistance programs provided by the department of administration under
s. 16.385.
134.81
134.81
Water heater thermostat settings. No person who manufactures water heaters may sell any new water heater designed for use in a dwelling unit, as defined in
s. 101.61 (1), unless that person does all of the following:
134.81(1)
(1) Sets the thermostat of the water heater at no higher than 125 degrees Fahrenheit or at the minimum setting of that water heater if the minimum setting is higher than 125 degrees Fahrenheit.
134.81(2)
(2) Attaches a plainly visible notice to the water heater warning that any thermostat setting above 125 degrees Fahrenheit may cause severe burns and consume energy unnecessarily.
134.81 History
History: 1987 a. 102.
134.83
134.83
Mail-order sales regulated. 134.83(1)(a)2.
2. While located in this state, receives a solicitation and orders goods from a seller for personal, family or household purposes.
134.83(1)(b)
(b) "Delivery period" means the time period clearly disclosed to the buyer in the solicitation for a mail order within which the ordered goods are to be shipped or, if there is no such disclosure, 30 days after the date of payment for the ordered goods.
134.83(1)(c)
(c) "Extended delivery period" means the extended period authorized under
sub. (3).
134.83(1)(d)
(d) "Mail order" means an order of goods by a buyer which the seller solicits and receives payment for without any face-to-face contact between the buyer and the seller.
134.83(1)(e)1.
1. Receipt by the seller of full or partial payment in the form of cash, check, money order or the like for a mail order; or
134.83(1)(e)2.
2. In a credit sale, the receipt by the seller of the information and authorization necessary to process the credit sale.
134.83(1)(f)
(f) "Seller" means a person who engages in mail-order solicitations, and includes representatives, employes or agents of a seller, however designated by the seller.
134.83(1)(g)2.
2. Delivery to a 3rd party carrier for delivery to the buyer or the buyer's designee; or
134.83(1)(g)3.
3. Delivery to a place clearly disclosed in the solicitation along with notice to the buyer or the buyer's designee of the arrival of the goods.
134.83(2)
(2) It is unlawful for a mail-order seller who receives payment from a buyer to permit the delivery period or extended delivery period, if any to elapse without complying with one of the following:
134.83(2)(b)
(b) Mailing a full refund to the buyer and nullifying any financial obligation incurred by the buyer for any ordered goods not shipped during the delivery period or extended delivery period, if any. The refund and nullification shall be made within a reasonable time after the seller becomes aware that the goods cannot be shipped within the delivery period or extended delivery period, if any, but not later than the end of the delivery period or extended delivery period, if any.
134.83(2)(c)
(c) Mailing the buyer notice as provided by
subs. (3) and
(4) during the delivery period and shipping the goods or making a full refund to and nullifying any obligation of the buyer for goods not shipped within the extended delivery period. The seller shall promptly make a full refund to and nullify any financial obligation of the buyer for goods not shipped if the seller receives a written cancellation request from the buyer during the extended delivery period.
134.83(3)
(3) If the seller mails a notice which complies with
sub. (4) to the buyer during the delivery period the delivery period may be extended to:
134.83(3)(a)
(a) The date specified by the seller in the notice but not later than 30 days after the expiration of the delivery period; or
134.83(3)(b)
(b) A later date authorized by the buyer in a written statement received by the seller within 30 days after the expiration of the delivery period and prior to cancellation under
sub. (2).
134.83(4)
(4) The notice required by
sub. (3) shall clearly and conspicuously inform the buyer:
134.83(4)(a)
(a) Of the specific date by which the goods will be shipped or that the shipping date is unknown.
134.83(4)(b)
(b) That if the seller, prior to shipping the goods, receives a written statement from the buyer requesting cancellation of the mail order the mail order will be canceled and the seller will promptly make a full refund to and nullify any financial obligation of the buyer for goods not shipped.
134.83(4)(c)
(c) That if the goods are not shipped by the date specified in the notice the mail order will be canceled and the seller will make a full refund to and nullify any financial obligation of the buyer for goods not shipped.
134.83(4)(d)
(d) That the delivery period may not be extended beyond 30 days unless, within 30 days after the expiration of the delivery period and prior to the cancellation of the mail order under
sub. (2), the seller receives written authorization from the buyer extending the delivery period to a specific later date.
134.83(5)
(5) The department of agriculture, trade and consumer protection or any district attorney may on behalf of the state:
134.83(5)(a)
(a) Bring an action for temporary or permanent injunctive or other relief in any circuit court for any violation of this section. The court may, in its discretion, make any order or judgment necessary to restore to any person any pecuniary loss suffered because of a violation of this section, if proof of the loss is submitted to the satisfaction of the court.
134.83(5)(b)
(b) Bring an action in any circuit court for the recovery of a civil forfeiture against any person who violates this section in an amount of not less than $100 nor more than $1,000 for each violation.
134.83(6)
(6) The department of agriculture, trade and consumer protection shall investigate violations of and enforce this section.
134.83(7)
(7) In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of this section may bring a civil action in any circuit court to recover twice the amount of the pecuniary loss, together with costs and disbursements, including reasonable attorney fees, and for equitable relief as determined by the court.
134.83(8)
(8) Any waiver by a buyer of the rights provided by this section is void.
134.83 History
History: 1979 c. 62;
1995 a. 27.
134.85
134.85
Motor fuel dealerships.
