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.
100.207 Cross-reference
Cross Reference: See also ch.
ATCP 123, Wis. adm. code.
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) (a).
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;
1997 a. 229.
100.209
100.209
Cable television subscriber rights. 100.209(2)(a)(a) A cable operator shall repair cable service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a natural disaster.
100.209(2)(b)
(b) Upon notification by a subscriber of a service interruption, a cable operator shall give the subscriber a credit for one day of cable service if cable service is interrupted for more than 4 hours in one day and the interruption is caused by the cable operator.
100.209(2)(bm)
(bm) Upon notification by a subscriber of a service interruption, a cable operator shall give the subscriber a credit for each hour that cable service is interrupted if cable service is interrupted for more than 4 hours in one day and the interruption is not caused by the cable operator.
100.209(2)(c)
(c) A cable operator shall give a subscriber at least 30 days' advance written notice before deleting a program service from its cable service. A cable operator is not required to give the notice under this paragraph if the cable operator makes a channel change because of circumstances beyond the control of the cable operator.
100.209(2)(d)
(d) A cable operator shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.
100.209(2)(e)1.1. A cable operator may not disconnect a subscriber's cable service, or a portion of that service, for failure to pay a bill until the unpaid bill is at least 45 days past due.
100.209(2)(e)2.
2. If a cable operator intends to disconnect a subscriber's cable service, or a portion of that service, the cable operator shall give the subscriber at least 10 days' advance written notice of the disconnection. A cable operator is not required to give the notice under this subdivision if the disconnection is requested by the subscriber, is necessary to prevent theft of cable service or is necessary to reduce or prevent signal leakage, as described in
47 CFR 76.611.
100.209(3)
(3) Rules and local ordinances allowed. This section does not prohibit the department from promulgating a rule or from issuing an order consistent with its authority under this chapter that gives a subscriber greater rights than the rights under
sub. (2) or prohibit a city, village or town from enacting an ordinance that gives a subscriber greater rights than the rights under
sub. (2).
100.209(4)(a)(a) A person who violates
sub. (2) may be required to forfeit not more than $1,000 for each offense and not more than $10,000 for each occurrence. Failure to give a notice required under
sub. (2) (c) or
(d) to more than one subscriber shall be considered to be one offense.
100.209(4)(b)
(b) The department and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.
100.209 History
History: 1991 a. 296;
1995 a. 27;
1997 a. 111 s.
17; Stats. 1997 s. 100.209;
1999 a. 150 s.
672.
100.2095(1)(1) In this section, "bedding" means any mattress, upholstered spring, comforter, pad, cushion or pillow designed and manufactured for the purpose of sleeping or reclining.
100.2095(2)(a)(a) All bedding shall be labeled to include a description of the material that is used in the manufacture of the bedding and the name and address of the manufacturer of the bedding and the person selling, offering for sale or consigning for sale the bedding. If any of the material used in the bedding has not previously been used in any other bedding, the phrase "manufactured of new material" shall appear on the label. If any of the material used in the bedding has previously been used in other bedding, the phrase "manufactured of secondhand material" shall appear on the label.
100.2095(2)(b)
(b) For the purpose of labeling bedding under
par. (a), the label shall be not less than 3 inches by 4.5 inches in size and shall be sewed to the bedding and the print appearing on the label shall be not less than one-eighth of an inch in height.
100.2095(3)
(3) No person in the business of manufacturing, distributing or selling bedding may manufacture, distribute, sell, offer for sale, consign for sale or possess with intent to distribute, sell, offer for sale or consign for sale any article of bedding unless the bedding is labeled as provided in
sub. (2).
100.2095(4)
(4) No person in the business of selling bedding may sell, offer for sale, consign for sale or possess with intent to sell, offer for sale or consign for sale any article of bedding if the article of bedding contains any material that has been used in any hospital or has been used by or about any person having an infectious or contagious disease.
100.2095(5)
(5) No person in the business of distributing or selling bedding, with intent to distribute, sell, offer for sale or consign for sale any article of bedding, may represent that any article of bedding, which contains material that has been previously used in other bedding, is manufactured of material that has not been previously used in other bedding.
100.2095(6)(a)(a) Any person suffering pecuniary loss because of a violation of
sub. (3),
(4) or
(5) may commence an action for the pecuniary loss and if the person prevails, the person shall recover twice the amount of the pecuniary loss or $200 for each violation, whichever is greater, together with costs, including reasonable attorney fees.
100.2095(6)(b)
(b) The department may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of
sub. (3),
(4) or
(5). Before entry of final judgment, the court may make any necessary orders to restore to any person any pecuniary loss suffered by the person because of the violation.
100.2095(6)(c)
(c) The department or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of
sub. (3),
(4) or
(5).
100.2095(6)(d)
(d) A person who violates
sub. (3),
(4) or
(5) may be fined not more than $10,000 or imprisoned for not more than 9 months or both. Each day of violation constitutes a separate offense.
100.2095 History
History: 1997 a. 260;
1999 a. 32 s.
169;
2001 a. 109.
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, as defined under
s. 101.91 (2), 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.
