134.87(1)(k)
(k) "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner:
134.87(1)(k)1.
1. The same nonconformity with the warranty is subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair dealers at least 4 times and the nonconformity continues.
134.87(1)(k)2.
2. The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.
134.87(2)
(2) A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express warranty for the motorized wheelchair. The duration of the express warranty shall be not less than one year after first delivery of the motorized wheelchair to the consumer. If a manufacturer fails to furnish an express warranty as required by this subsection, the motorized wheelchair shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this subsection.
134.87(3)(a)(a) If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor or any of the manufacturer's authorized motorized wheelchair dealers and makes the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired.
134.87(3)(b)1.1. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under
subd. 2. or
3., whichever is appropriate.
134.87(3)(b)2.a.
a. Accept return of the motorized wheelchair and replace the motorized wheelchair with a comparable new motorized wheelchair and refund any collateral costs.
134.87(3)(b)2.b.
b. Accept return of the motorized wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer's motorized wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this
subd. 2. b., a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motorized wheelchair dealer.
134.87(3)(b)3.a.a. With respect to a consumer described in
sub. (1) (b) 4., accept return of the motorized wheelchair, refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use.
134.87(3)(b)3.b.
b. Under this subdivision, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the motorized wheelchair dealer's early termination costs and the value of the motorized wheelchair at the lease expiration date if the lease sets forth that value, less the motorized wheelchair lessor's early termination savings.
134.87(3)(b)3.c.
c. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the consumer drove the motorized wheelchair before first reporting the nonconformity to the manufacturer, motorized wheelchair lessor or motorized wheelchair dealer.
134.87(3)(c)
(c) To receive a comparable new motorized wheelchair or a refund due under
par. (b) 1. or
2., a consumer described under
sub. (1) (b) 1.,
2. or
3. shall offer to the manufacturer of the motorized wheelchair having the nonconformity to transfer possession of that motorized wheelchair to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new motorized wheelchair or refund. When the manufacturer provides the new motorized wheelchair or refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.
134.87(3)(d)1.1. To receive a refund due under
par. (b) 3., a consumer described under
sub. (1) (b) 4. shall offer to return the motorized wheelchair having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the motorized wheelchair having the nonconformity.
134.87(3)(d)2.
2. To receive a refund due under
par. (b) 3., a motorized wheelchair lessor shall offer to transfer possession of the motorized wheelchair having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the motorized wheelchair lessor. When the manufacturer provides the refund, the motorized wheelchair lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
134.87(3)(d)3.
3. No person may enforce the lease against the consumer after the consumer receives a refund due under
par. (b) 3.
134.87(3)(e)
(e) No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this state under
par. (b), or by a consumer or motorized wheelchair lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
134.87(4)
(4) This section does not limit rights or remedies available to a consumer under any other law.
134.87(5)
(5) Any waiver by a consumer of rights under this section is void.
134.87(6)
(6) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
134.87 History
History: 1991 a. 222.
134.90
134.90
Uniform trade secrets act. 134.90(1)(a)
(a) "Improper means" includes espionage, theft, bribery, misrepresentation and breach or inducement of a breach of duty to maintain secrecy.
134.90(1)(b)
(b) "Readily ascertainable" information does not include information accessible through a license agreement or by an employe under a confidentiality agreement with his or her employer.
134.90(1)(c)
(c) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:
134.90(1)(c)1.
1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
134.90(1)(c)2.
2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
134.90(2)
(2) Misappropriation. No person, including the state, may misappropriate or threaten to misappropriate a trade secret by doing any of the following:
134.90(2)(a)
(a) Acquiring the trade secret of another by means which the person knows or has reason to know constitute improper means.
134.90(2)(b)
(b) Disclosing or using without express or implied consent a trade secret of another if the person did any of the following:
134.90(2)(b)1.
1. Used improper means to acquire knowledge of the trade secret.
134.90(2)(b)2.
2. At the time of disclosure or use, knew or had reason to know that he or she obtained knowledge of the trade secret through any of the following means:
134.90(2)(b)2.a.
a. Deriving it from or through a person who utilized improper means to acquire it.
134.90(2)(b)2.b.
b. Acquiring it under circumstances giving rise to a duty to maintain its secrecy or limit its use.
134.90(2)(b)2.c.
c. Deriving it from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.
134.90(3)(a)1.1. A court may grant an injunction against a person who violates
sub. (2).
Chapter 813 governs any temporary or interlocutory injunction or ex parte restraining order in an action under this section, except that no court may issue such an injunction or restraining order unless the complainant makes an application which includes a description of each alleged trade secret in sufficient detail to inform the party to be enjoined or restrained of the nature of the complaint against that party or, if the court so orders, includes written disclosure of the trade secret. The complainant shall serve this application upon the party to be enjoined or restrained at the time the motion for the injunction is made or the restraining order is served, whichever is earlier.
134.90(3)(a)2.
2. Except as provided in
subd. 3., upon application to the court, the court shall terminate an injunction when a trade secret ceases to exist.
134.90(3)(a)3.
3. The court may continue an injunction for a reasonable period of time to eliminate commercial advantage which the person who violated
sub. (2) otherwise would derive from the violation.
134.90(3)(b)
(b) In exceptional circumstances, an injunction granted under
par. (a) may condition future use of a trade secret by the person who violated
sub. (2) upon payment of a reasonable royalty by that person to the owner of the trade secret for no longer than the period of time for which the court may enjoin or restrain the use of the trade secret under
par. (a). Exceptional circumstances include a material and prejudicial change of position, prior to acquiring knowledge or reason to know of a violation of
sub. (2), that renders an injunction inequitable.
134.90(3)(c)
(c) In appropriate circumstances, the court may order affirmative acts to protect a trade secret.
134.90(4)(a)(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of a violation of
sub. (2) renders a monetary recovery inequitable, a court may award damages to the complainant for a violation of
sub. (2). A court may award damages in addition to, or in lieu of, injunctive relief under
sub. (3). Damages may include both the actual loss caused by the violation and unjust enrichment caused by the violation that is not taken into account in computing actual loss. Damages may be measured exclusively by the imposition of liability for a reasonable royalty for a violation of
sub. (2) if the complainant cannot by any other method of measurement prove an amount of damages which exceeds the reasonable royalty.
134.90(4)(b)
(b) If a violation of
sub. (2) is wilful and malicious, the court may award punitive damages in an amount not exceeding twice any award under
par. (a).
134.90(4)(c)
(c) If a claim that
sub. (2) has been violated is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or a violation of
sub. (2) is wilful and deliberate, the court may award reasonable attorney fees to the prevailing party.
134.90(5)
(5) Preservation of secrecy. In an action under this section, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting a protective order in a discovery proceeding, holding an in-camera hearing, sealing the record of the action and ordering any person involved in the action not to disclose an alleged trade secret without prior court approval.
134.90(6)(a)(a) Except as provided in
par. (b), this section displaces conflicting tort law, restitutionary law and any other law of this state providing a civil remedy for misappropriation of a trade secret.
134.90(6)(b)
(b) This section does not affect any of the following:
134.90(6)(b)1.
1. Any contractual remedy, whether or not based upon misappropriation of a trade secret.
134.90(6)(b)2.
2. Any civil remedy not based upon misappropriation of a trade secret.
134.90(6)(b)3.
3. Any criminal remedy, whether or not based upon misappropriation of a trade secret.
134.90(7)
(7) Uniformity of application and construction. This section shall be applied and construed to make uniform the law relating to misappropriation of trade secrets among states enacting substantially identical laws.
134.90 History
History: 1985 a. 236.
134.90 Note
NOTE: 1985 Wis. Act 236, which created this section, contains extensive notes describing this section and other sections affected by Act 236. See sections 14 and 16 of the Act for applicability dates.
134.90 Annotation
For general discussion of provision and its application, see Minuteman, Inc. v. Alexander, 147 W (2d) 842, 434 NW (2d) 773 (1989).
134.90 Annotation
Revisions to the law of trade secrets. Whitesel and Sklansky. WBB Aug. 1986.
134.95
134.95
Violations against elderly or disabled persons. 134.95(1)(a)
(a) "Disabled person" means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one major life activity.
134.95(1)(b)
(b) "Elderly person" means a person who is at least 62 years of age.
134.95(1)(c)
(c) "Major life activity" means self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed.
134.95(2)
(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under
s. 134.22,
134.68,
134.70,
134.71,
134.72,
134.74,
134.83 or
134.87 or
ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under
s. 100.264 (2) (a),
(b) or
(c) is present.
134.95 History
History: 1995 a. 382.
134.99
134.99
Parties to a violation. 134.99(1)
(1) Whoever is concerned in the commission of a violation of this chapter, except
s. 134.83, for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
134.99(2)
(2) A person is concerned in the commission of the violation if the person:
134.99(2)(c)
(c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
134.99 History
History: 1975 c. 365;
1979 c. 62.
