100.50(6)(am)
(am) If a court imposes a forfeiture under par.
(a) on a person for a violation of sub.
(2),
(3) or
(4), the court may order the person to accept the return of the product that is the subject of the violation and to refund the purchase price to the purchaser of that product.
100.50(6)(b)
(b) In lieu of or in addition to the remedy under par.
(a), the department may seek an injunction restraining any person from violating this section.
100.50(6)(c)
(c) The department, or any district attorney upon the request of the department, may commence an action in the name of the state under par.
(a) or
(b).
100.50 History
History: 1993 a. 243;
1995 a. 27.
100.51
100.51
Motor fuel dealerships. 100.51(1)(1)
Definitions. As used in this section:
100.51(1)(c)
(c) “Designated family member" means the spouse or child of a motor fuel dealer who has been designated in the most recent motor fuel dealership agreement with the motor fuel grantor as the successor to ownership of the motor fuel dealership and who either inherits ownership of the motor fuel dealership by will or intestate succession or who, in the case of the legal incapacity of the dealer, is appointed by a court as guardian for the motor fuel dealership.
100.51(2)
(2)
Survivorship provisions required. Every motor fuel dealership agreement entered into, renewed or extended on or after December 1, 1987, shall contain all of the following provisions:
100.51(2)(a)
(a) Any designated family member may succeed to the ownership of the motor fuel dealership if all of the following conditions are met:
100.51(2)(a)1.
1. The designated family member gives the motor fuel grantor written notice of the intention to succeed to ownership of the motor fuel dealership within 60 days after the motor fuel dealer's death or legal incapacity.
100.51(2)(a)2.
2. Upon request of the motor fuel grantor, the designated family member provides personal and financial information reasonably necessary to determine under par.
(b) whether the succession should be honored.
100.51(2)(a)3.
3. The designated family member agrees to be bound by all terms and conditions of the existing motor fuel dealership agreement.
100.51(2)(a)4.
4. There does not exist good cause under par.
(b) for refusing to honor the succession.
100.51(2)(b)
(b) Good cause exists for refusing to honor a succession if a designated family member does not meet existing reasonable standards of the motor fuel grantor. The motor fuel grantor's existing reasonable standards may include requirements directly related to a person's management and technical skills, training and commercial experience, credit worthiness and other requirements directly related to a person's ability to operate the motor fuel dealership.
100.51(2)(c)
(c) If a motor fuel grantor believes in good faith, after requesting information under par.
(a) 2., that good cause exists for refusing to honor succession of the motor fuel dealership by a designated family member, the motor fuel grantor may, within 90 days after receipt of the information, give notice complying with par.
(d) to the designated family member.
100.51(2)(d)
(d) The notice under par.
(c) shall be in writing and shall include all of the following:
100.51(2)(d)1.
1. A statement of the motor fuel grantor's refusal to honor succession and of the specific grounds constituting good cause for the refusal.
100.51(2)(d)2.
2. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
100.51(2)(e)
(e) Except as provided in par.
(f), if the notice under par.
(c) is not given within the time period specified in par.
(c), the motor fuel grantor may not terminate the existing motor fuel dealership agreement with the designated family member under this section and may only terminate the existing motor fuel dealership agreement as otherwise permitted by law.
100.51(2)(f)
(f) Notwithstanding pars.
(b) to
(d) and ss.
135.03 and
135.04, the motor fuel grantor may terminate the existing motor fuel dealership agreement with the designated family member if, in the 12 months following receipt of the notice under par.
(a) 1., the volume of motor fuel sold by the motor fuel dealership is less than 90 percent of the average annual volume of motor fuel sold by the motor fuel dealership in the 3 years preceding receipt of the notice under par.
(a) 1., and the motor fuel grantor, within 15 months following receipt of the notice under par.
(a) 1., gives notice in writing to the designated family member which includes all of the following:
100.51(2)(f)1.
1. A statement of the motor fuel grantor's intent to terminate the existing motor fuel dealership agreement with the designated family member on a date not sooner than 90 days after the date the notice is given.
100.51(2)(f)2.
2. A statement of the specific reasons for termination.
100.51(3)
(3)
Enforcement of survivorship rights. 100.51(3)(a)
(a) The department on behalf of the state or any person who claims injury as a result of a violation of sub.
(2) may bring an action for temporary or permanent injunctive relief in any circuit court. It is no defense to an action under this paragraph that an adequate remedy exists at law.
100.51(3)(b)
(b) In any proceeding to determine whether good cause exists under sub.
(2) (b), a motor fuel grantor has the burden of proving that the designated family member does not meet the motor fuel grantor's existing, reasonable standards.
100.51(4)(a)(a) No motor fuel grantor may require a motor fuel dealer, who has a dealership with the motor fuel grantor on May 17, 1988, to keep his or her business open for more than 16 hours per day.
100.51(4)(b)
(b) Paragraph
(a) applies to a motor fuel dealer after he or she renews or extends a motor fuel dealership agreement with a motor fuel grantor on or after May 17, 1988.
100.51(5)
(5)
Motor vehicles used by disabled; service. 100.51(5)(a)2.
2. “Pump" means a device used to dispense motor fuel for sale at retail.
100.51(5)(b)
(b) A motor fuel dealer shall have an employee dispense motor fuel into a motor vehicle from a full-service pump at the same price as the motor fuel dealer charges the general public for the same grade of motor fuel dispensed from a self-service pump, if all of the following apply:
100.51(5)(b)1.
1. The motor vehicle displays special registration plates issued under s.
341.14 (1),
(1a),
(1m), or
(1q) or a special identification card issued under s.
343.51 or is a motor vehicle registered in another jurisdiction and displays a registration plate, card or emblem issued by the other jurisdiction that designates that the vehicle is used by a physically disabled person.
100.51(5)(b)2.
2. The driver of the motor vehicle asks for the same price as charged for motor fuel dispensed from a self-service pump.
100.51(5)(b)3.
3. The motor fuel dealer sells motor fuel at retail from both full-service and self-service pumps.
100.51(5)(c)
(c) An employee of a motor fuel dealer who dispenses motor fuel under par.
(b) need not provide any other services that are not provided to a customer who uses a self-service pump.
100.51(5)(d)
(d) A motor fuel dealer that violates par.
(b) may be required to forfeit not more than $100 for each violation.
100.51(6)
(6)
Unblended gasoline sales requirement. 100.51(6)(a)
(a) A motor fuel grantor that provides gasoline to a motor fuel dealer under a motor fuel dealership agreement shall offer gasoline to the motor fuel dealer that is not blended with ethanol and that is suitable for subsequent blending with ethanol and for resale. For purposes of this subsection, gasoline that is not blended with ethanol is not suitable for subsequent sale if the price charged for the unblended gasoline by the motor fuel grantor does not fairly reflect the average posted terminal price, as defined in s.
100.30 (2) (a).
100.51(6)(b)
(b) No motor fuel dealership agreement or contract between a motor fuel dealer and a motor fuel grantor may require a motor fuel dealer to purchase ethanol for blending purposes only from the motor fuel grantor.
100.51(6)(c)
(c) Nothing in this subsection prohibits a motor fuel dealership agreement from requiring the motor fuel dealer to blend gasoline received under par.
(a) with a specified amount of ethanol by volume prior to the sale of the gasoline to the end user.
100.51(6)(d)
(d) Nothing in this subsection prohibits a motor fuel dealership agreement from providing for the transfer of credits under
42 USC 7545 (o) (2) between the motor fuel dealer and the motor fuel grantor.
100.51(6)(f)
(f) A motor fuel grantor is not liable for penalties or damages arising out of the subsequent blending by another person of gasoline provided under this subsection. A motor fuel dealer that purchases gasoline that is not blended with ethanol and later sells the gasoline blended with ethanol shall provide prominent notice to the motor fuel dealer's customers identifying the person that blended the gasoline with ethanol.
100.51(6)(g)
(g) Paragraph
(a) does not apply to the provision of gasoline by a motor fuel grantor to a motor vehicle fuel dealer located in a nonattainment area, as defined under s.
285.01 (30).
100.52
100.52
Telephone solicitations. 100.52(1)(c)
(c) “National do-not-call registry" means the national database established by the federal trade commission under
47 USC 227 (c) (3) that consists of telephone numbers of residential customers who object to receiving telephone solicitations.
100.52(1)(d)
(d) “Nonresidential customer" means a person, other than a residential customer, who is furnished with telecommunications service by a telecommunications utility.
100.52(1)(f)
(f) “Residential customer" means an individual who is furnished with basic local exchange service or commercial mobile service by a telecommunications utility, but does not include an individual who operates a business at his or her residence.
100.52(1)(fm)
(fm) “State do-not-call registry" means the portion of the national do-not-call registry that consists of telephone numbers with Wisconsin area codes.
100.52(1)(i)
(i) “Telephone solicitation" means the unsolicited initiation of a telephone conversation or text message for the purpose of encouraging the recipient of the telephone call or text message to purchase property, goods or services.
100.52(1)(j)
(j) “Telephone solicitor" means a person, other than a nonprofit organization or an employee or contractor of a nonprofit organization, that employs or contracts with an individual to make a telephone solicitation.
100.52(1m)
(1m)
National do-not-call registry. The department may cooperate with the federal trade commission to add telephone numbers included in the nonsolicitation directory, as defined in s.
100.52 (1) (e), 2011 stats., to the national do-not-call registry.
100.52(3)
(3)
Registration of telephone solicitors. The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay an initial registration fee and an annual registration renewal fee to the department. The amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations or some other methodology established by the department by rule. The rules shall also require a telephone solicitor that registers with the department to, at the time of initial registration, the time of annual renewal, and any other time upon request of the department, provide the department with proof that the telephone solicitor has complied with federal law in obtaining copies and updated versions of the state do-not-call registry. The amount of the fees shall be based on the amount required to administer and enforce this section and to provide the amounts appropriated under s.
20.115 (1) (im).
100.52(4)
(4)
Telephone solicitor requirements. 100.52(4)(a)
(a) A telephone solicitor or an employee or contractor of a telephone solicitor may not do any of the following:
100.52(4)(a)1.
1. Use an electronically prerecorded message in telephone solicitation without the consent of the recipient of the telephone call.
100.52(4)(a)2.
2. Make a telephone solicitation to a telephone number that, at the time the solicitation is made, is listed on the state do-not-call registry.
100.52(4)(a)3.
3. Make a telephone solicitation to a nonresidential customer if the nonresidential customer has provided notice by mail to the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.
100.52(4)(b)
(b) A telephone solicitor may not do any of the following:
100.52(4)(b)1.
1. Require an employee or contractor to make a telephone solicitation to a person in this state unless the telephone solicitor is registered with the department under the rules promulgated under sub.
(3).
100.52(4)(b)2.
2. Require an employee or contractor to make a telephone solicitation that violates par.
(a).
100.52(4)(b)3.
3. Use or possess a copy or updated version of the state do-not-call registry that the telephone solicitor has obtained in violation of federal law.
100.52(4)(c)
(c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential customer shall, upon the request of the nonresidential customer, provide the mailing address for notifying the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.
100.52(4)(d)
(d) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify at the beginning of the telephone conversation each of the following:
100.52(4)(d)2.
2. If different than the telephone solicitor, the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation.
100.52(6)
(6)
Exceptions. Subsections
(4) (a) 2. and
3. do not apply to a telephone solicitation that satisfies any of the following:
100.52(6)(a)
(a) The telephone solicitation is made to a recipient in response to the recipient's request for the telephone solicitation.
100.52(6)(b)
(b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.
100.52(7)
(7)
Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.
100.52(8)
(8)
Rules. The department may promulgate rules to administer and enforce this section.
100.52(9)(a)(a) The department shall publicize the procedures for a residential customer to add a telephone number to the national do-not-call registry.
100.52(9)(b)
(b) The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.
100.52(10)(a)(a) Except as provided in par.
(b), a person who violates this section may be required to forfeit $100 for each violation.
100.52(10)(b)
(b) A telephone solicitor that violates sub.
(4) may be required to forfeit not more than $100 for each violation.
100.52 Cross-reference
Cross-reference: See also ch.
ATCP 127, Wis. adm. code.
