subch. I of ch. 421 SUBCHAPTER I
SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
421.101 421.101 Short title. Chapters 421 to 427 shall be known and may be cited as the Wisconsin consumer act.
421.101 History History: 1971 c. 239.
421.102 421.102 Purposes; rules of construction.
421.102(1) (1)Chapters 421 to 427 shall be liberally construed and applied to promote their underlying purposes and policies.
421.102(2) (2) The underlying purposes and policies of chs. 421 to 427 are:
421.102(2)(a) (a) To simplify, clarify and modernize the law governing consumer transactions;
421.102(2)(b) (b) To protect customers against unfair, deceptive, false, misleading and unconscionable practices by merchants;
421.102(2)(c) (c) To permit and encourage the development of fair and economically sound consumer practices in consumer transactions; and
421.102(2)(d) (d) To coordinate the regulation of consumer credit transactions with the policies of the federal consumer credit protection act.
421.102(3) (3) A reference to a provision of chs. 421 to 427 includes reference to a related rule or order of the administrator adopted under chs. 421 to 427.
421.102 History History: 1971 c. 239; 1979 c. 89.
421.102 Annotation Consumer act penalties are improper when the underlying contract is tainted with illegality. Shea v. Grafe, 88 Wis. 2d 538, 274 N.W.2d 670 (1979).
421.102 Annotation The consumer act may constitutionally regulate sales to residents by out-of-state mail order retailer. Aldens, Inc. v. LaFollette, 552 F.2d 745.
421.102 Annotation Wisconsin consumer act—a critical analysis. Heiser, 57 MLR 389.
421.102 Annotation Wisconsin consumer act—a freak out? Barrett, Jones, 57 MLR 483.
421.102 Annotation Protection for consumers against unfair and deceptive business. Jeffries, 57 MLR 559.
421.102 Annotation An overview of the Wisconsin consumer act. Stute, 1973 WBB No. 1.
421.102 Annotation Private enforcement of consumer laws in Wisconsin. Waxman. WBB May 1983.
421.102 Annotation Wisconsin consumer credit laws before and after the consumer act. Crandall, 1973 WLR 334.
421.102 Annotation Usury and the time-price differential. 1975 WLR 246.
421.102 Annotation Mandatory Arbitration of Consumer Rights Cases. Schneider & Quirk. Wis. Law. Sept. 2002.
421.103 421.103 Applicable law.
421.103(1)(1) Unless superseded by the particular provisions of chs. 421 to 427, chs. 401 to 411 and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement chs. 421 to 427.
421.103(2) (2) Unless terms used in chs. 421 to 427 are defined by particular provisions of chs. 421 to 427, they shall have the meaning given them in chs. 401 to 411 and 429, if they are defined in chs. 401 to 411 and 429.
421.103(3) (3) Unless superseded by the particular provisions of chs. 421 to 427 parties to a consumer transaction have all of the obligations, duties, rights and remedies provided in chs. 401 to 411 which apply to the transaction.
421.103(4) (4)Chapters 421 to 427 shall not preempt the administration or enforcement of ch. 100. Conduct proscribed under s. 423.301, 426.108, 426.109 or 426.110 may also constitute violations of s. 100.18 or 100.20.
421.103 History History: 1971 c. 239; 1979 c. 89, 177; 1991 a. 148, 304, 315; 1995 a. 329.