134.73(1)(b)
(b) "Prisoner" means a prisoner of any public or private correctional or detention facility that is located within or outside this state.
134.73(1)(d)
(d) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:
134.73(1)(d)1.
1. To encourage a person to purchase property, goods, or services.
134.73(2)
(2) Requirements. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:
134.73(2)(c)
(c) Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.
134.73(3)(a)(a)
Intrastate. This section applies to any intrastate telephone solicitation.
134.73(3)(b)
(b)
Interstate. This section applies to any interstate telephone solicitation received by a person in this state.
134.73(4)(a)(a) A prisoner who violates this section may be required to forfeit not more than $500.
134.73(4)(b)
(b) If a person who employs a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under
s. 134.99, the person may be required to forfeit not more than $10,000.
134.73 History
History: 2001 a. 16.
134.74
134.74
Nondisclosure of information on receipts. 134.74(1)(b)
(b) "Debit card" means a plastic card or similar device that may be used to purchase goods or services by providing the purchaser with direct access to the purchaser's account at a depository institution.
134.74(1)(c)
(c) "Depository institution" means a bank, savings bank, savings and loan association, or credit union.
134.74(2)
(2) Beginning on August 1, 2005, no person who is in the business of selling goods at retail or selling services and who accepts a credit card or a debit card for the purchase of goods or services may issue a credit card or debit card receipt, for that purchase, on which is printed more than 5 digits of the credit card or debit card number.
134.74(3)
(3) This section does not apply to any person who issues a credit card or debit card receipt that is handwritten or that is manually prepared by making an imprint of the credit card or debit card.
134.74 History
History: 2001 a. 109.
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. 16.27.
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.
134.87
134.87
Repair, replacement and refund under new motorized wheelchair warranties. 134.87(1)(a)
(a) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other assistive device for mobility.
134.87(1)(b)1.
1. The purchaser of a motorized wheelchair, if the motorized wheelchair was purchased from a motorized wheelchair dealer or manufacturer for purposes other than resale.
134.87(1)(b)2.
2. A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motorized wheelchair.
134.87(1)(b)4.
4. A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease.
134.87(1)(c)
(c) "Demonstrator" means a motorized wheelchair used primarily for the purpose of demonstration to the public.
134.87(1)(d)
(d) "Early termination cost" means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under
sub. (3) (b) 3. "Early termination cost" includes a penalty for prepayment under a finance arrangement.
134.87(1)(e)
(e) "Early termination savings" means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under
sub. (3) (b) 3. "Early termination savings" includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.
134.87(1)(f)
(f) "Manufacturer" means a person who manufactures or assembles motorized wheelchairs and agents of that person, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's motorized wheelchairs, but does not include a motorized wheelchair dealer.
134.87(1)(g)
(g) "Motorized wheelchair" means any motor-driven wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state.
134.87(1)(h)
(h) "Motorized wheelchair dealer" means a person who is in the business of selling motorized wheelchairs.
134.87(1)(i)
(i) "Motorized wheelchair lessor" means a person who leases a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease.
134.87(1)(j)
(j) "Nonconformity" means a condition or defect that substantially impairs the use, value or safety of a motorized wheelchair, and that is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the motorized wheelchair by a consumer.
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 employee 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:
