100.305 Prohibited selling practices during periods of abnormal economic disruption. (1) DEFINITIONS. In this section: (a) “Consumer goods or services” means goods or services that are used primarily for personal, family, or household purposes. (b) “Emergency” includes any of the following: 1. A tornado, flood, fire, storm, or other destructive act of nature. 2. A disruption of energy supplies to the degree that a serious risk is posed to the economic well-being, health, or welfare of the public. 3. Hostile action. 4. A strike or civil disorder. (c) “Hostile action” means an act of violence against a person or property in the United States by a foreign power or by a foreign or domestic terrorist. (d) “Period of abnormal economic disruption” means a period of time during which normal business transactions in the state or a part of the state are disrupted, or are threatened to be disrupted, due to an emergency. (e) “Seller” means a manufacturer, producer, supplier, wholesaler, distributor, or retailer. (2) PROHIBITION. No seller may sell, or offer to sell, in this state at wholesale or at retail, consumer goods or services at unreasonably excessive prices if the governor, by executive order, has certified that the state or a part of the state is in a period of abnormal economic disruption. (3) RULES. The department shall promulgate rules to establish formulas or other standards to be used in determining whether a wholesale or retail price is unreasonably excessive. (4m) ENFORCEMENT; PENALTY. If a seller violates sub. (2), the department or, after consulting with the department, the department of justice, may do any of the following: (a) Issue to the seller a warning notice specifying the action that the seller is required to take in order not to be in violation of sub. (2). (b) Commence an action against the seller in the name of the state to recover a civil forfeiture of not more $10,000 or to temporarily or permanently restrain or enjoin the seller from violating sub. (2), or both. History: 2005 a. 450. Cross-reference: See also ch. ATCP 106, Wis. adm. code.
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100.307 Returns during emergency; prohibition. (1) DEFINITIONS. In this section: (a) “Food product” has the meaning given in s. 93.01 (6). (b) “Personal care product” has the meaning given in s. 299.50 (1) (b). (2) CERTAIN RETURNS PROHIBITED DURING EMERGENCY. Except as provided in sub. (3), no person who sells food products, personal care products, cleaning products, or paper products at retail may accept a return of a food product, personal care product, cleaning product, or paper product during the public health emergency declared on March 12, 2020, by executive order 72, or during the 30 days immediately after the public health emergency ends. (3) EXCEPTIONS. A person who sells food products, personal care products, cleaning products, or paper products at retail may accept a return of a food product, personal care product, cleaning product, or paper product if any of the following applies: (a) The product is returned no more than 7 days after purchase. (b) The product is adulterated within the meaning of s. 97.02 or defective as a result of a production error or defect. (4) OTHER RETURNS ALLOWED. A retailer may accept a return of a product that is not prohibited by sub. (2). History: 2019 a. 185.
100.31 Unfair discrimination in drug pricing. (1) DEFINITIONS. In this section: (a) “Drug” means any substance subject to 21 USC 353 (b). (b) “Purchaser” means any person who engages primarily in selling drugs directly to consumers. (c) “Seller” means any person who trades in drugs for resale to purchasers in this state. (2) PRICE DISCRIMINATION PROHIBITED. Every seller shall offer drugs from the list of therapeutically equivalent drugs published by the federal food and drug administration to every purchaser in this state, with all rights and privileges offered or accorded by the seller to the most favored purchaser, including purchase prices for similar volume purchases, rebates, free merchandise, samples and similar trade concessions. Nothing in this subsection prohibits the giving of a discount for volume purchases. (3) TREBLE DAMAGES. Any purchaser damaged by violation of this section may bring an action against the seller to recover treble damages sustained by reason of such violation. (4) PENALTIES. For any violation of this section, the department or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense. (5) SPECIAL REMEDIES. The department or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50. History: 1975 c. 168, 421, 422; 1983 a. 188, 189; 1993 a. 352. State and local units of government are not “purchasers” under sub. (1), and sellers of drugs are not prohibited from offering or according to them pricing arrangements that are not made available to other purchasers. 65 Atty. Gen. 59. “Most favored purchaser” under sub. (2) does not refer to purchasers outside Wisconsin. The constitutionality of this statute is upheld. K-S Pharmacies, Inc. v. American Home Products Corp., 962 F.2d 728 (1992).
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100.313 Solicitation of a fee for providing a public record. (1) In this section: (a) “Local unit of government” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing. (b) “Record” means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by a local unit of government or a state agency. (c) “Solicit” means to directly advertise or market through writing or graphics and via mail, telefax, or electronic mail to an individually identified person, residence, or business location. “Solicit” does not include any of the following: 1. Communicating through a mass advertisement, including a catalog, a radio or television broadcast, or a website. 2. Communicating via telephone, mail, or electronic communication, if initiated by the consumer. 3. Advertising and marketing to those with whom the solicitor has a preexisting business relationship. (d) “State agency” means any office, department, or independent agency in the executive branch of Wisconsin state government, the legislature, and the courts. (2) A business or individual soliciting a fee for providing a copy of a record shall state on the top of the document used for the solicitation, in at least 24-point type, all of the following: (a) That the solicitation is not from a state agency or local unit of government. (b) That no action is legally required by the person being solicited. (c) The fee for, or the cost of, obtaining a copy of the record from the state agency or local unit of government that has custody of the record. (d) The information necessary to contact the state agency or local unit of government that has custody of the record. (e) The name and physical address of the business or individual soliciting the fee. (4) The document used for a solicitation under this section may not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a state agency or local unit of government or that appears to impose a legal duty on the person being solicited. The department may promulgate rules specifying the contents and form of the solicitation document. (5) A business or individual soliciting a fee for providing a copy of a record may not charge a fee of more than 4 times the amount charged by the state agency or local unit of government that has custody of the record for a copy of the same record. (6) A business or individual soliciting a fee from property owners for providing a copy of a deed shall furnish the office of the register of deeds of each county where the solicitations are to be distributed with a copy of the document that will be used for those solicitations not less than 15 days before distributing the solicitations. (7) The department may investigate violations of this section. The department may bring an action or request that the department of justice or a district attorney bring an action against any person who violates this section. The court may order the person who violates this section to refund all of the moneys paid to the violator and to forfeit, for a first violation, not more than $100 for each solicitation document distributed in violation of this section, and not more than $200 for each solicitation document distributed in violation of this section subsequent to the first violation.
MARKETING; TRADE PRACTICES
100.315
(8) This section does not apply to a title insurance company authorized to do business in this state or its authorized agent. History: 2013 a. 247.
100.315 Solicitation of contract using check or money order. (1) In this section, “check” means any check, draft, money order, traveler’s check, personal money order, or other instrument for the transmission or payment of money. (2) (a) Except as provided in par. (b), no person may solicit the purchase of goods or services by delivering to a recipient in this state a document that is or appears to be a check payable to the recipient, if the endorsement of the document purports to bind the recipient to purchasing goods or services and the recipient did not request the delivery of the document. (b) A person may offer an extension of credit by delivering to a recipient in this state a document described in par. (a) only if all of the following apply: 1. The document contains, on its face, both of the following: a. In at least 24-point type, a statement in substantially the following form: “THIS IS A SOLICITATION FOR A LOAN. READ THE ATTACHED DISCLOSURES BEFORE SIGNING THIS AGREEMENT.” b. In at least 10-point type, a statement in substantially the following form: “By endorsing the back of this check, you accept our offer and agree to the terms of your loan agreement contained in the disclosure statement attached to this check.” 2. Notification of the loan agreement being activated by endorsement is conspicuously printed in at least 10-point type on the back of the check in substantially the following form: “By endorsing this check, you agree to repay this loan according to the terms of the attached loan agreement.” 3. The check is attached to a disclosure statement that is detachable and that contains in at least 14-point boldface type a statement that is conspicuously placed and is in substantially the following form: “This is a loan solicitation. If you cash this check, you are agreeing to borrow the sum of $ .... at the ....% rate of interest for a period of .... months. Your monthly payments will be $ .... for .... months. If you are late with a payment, you will be charged the following fees in addition to your monthly payment: (list fees). All other terms of this loan are clearly identified as loan terms and appear on the back of the check or on this attachment. Read these terms carefully before you cash this check. Cashing this check constitutes a loan transaction. You may cancel this loan by returning the amount of the check to the lender within 10 days of the date on which this check is cashed. You may prepay this loan agreement at anytime without penalty. READ THE AGREEMENT BEFORE SIGNING.” 4. Within 3 business days after the date on which the check is processed by the lender’s financial institution following negotiation of the check by the recipient, the lender who issued the check verbally discloses to the recipient the terms and conditions of the extension of credit and permits the recipient to return to the lender the amount borrowed. If the recipient returns the amount borrowed within 5 business days after the check is processed by the lender’s financial institution following negotiation of the check by the recipient, the lender may not assess the recipient any penalty, finance charge, interest, or fee, and the lender may not take any action on the basis of the return that would affect the recipient’s credit score. (2g) In the event a check described under sub. (2) (b) is obtained by a person other than the intended payee, and the check is cashed fraudulently or without authorization from the payee, the lender who issued the check shall do all of the following: (a) Upon receipt of notification that intended payee did not negotiate the check, promptly provide the intended payee with a
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MARKETING; TRADE PRACTICES
statement or affidavit to be signed by the intended payee confirming that the intended payee did not deposit or cash the check or receive the proceeds of the check. The lender shall provide the intended payee with the name and telephone number of a contact person designated by the lender to provide assistance to intended payees who have been victimized by the fraudulent negotiation of unsolicited checks and cease all collection activity against the intended payee until the lender completes an investigation into the transaction. (b) Direct the intended payee to complete and return the confirmation statement to the lender or an affiliate of the lender. (c) Within 30 days of the receipt of the confirmation statement, conduct a reasonable investigation to determine whether the check was fraudulently negotiated. Absent evidence to the contrary, the lender shall presume that the confirmation statement submitted by the intended payee is accurate. The lender shall notify the intended payee in writing of the results of the investigation. If it is determined that the check was cashed fraudulently, the lender shall take immediate action to remove the intended payee from all liability on the account and to request all credit reporting agencies to remove references to the transaction, if any, from the intended payee’s credit reports. (2m) A consumer who is an intended payee of an unsolicited check under this section may bring an action against the violator to recover damages, costs, and, notwithstanding s. 814.04 (1), reasonable attorney fees. (2r) This section does not apply to a transaction in which the recipient of a check described under sub. (2) (b) has submitted an application or requested an extension of credit from the lender before receiving the check or instrument. (3) The department shall investigate violations of this section and may bring an action against a person who violates this section to recover a forfeiture of not more than $100 for each solicitation sent in violation of this section, except that the forfeiture may not exceed $10,000 for each 7-day period in which the person violates this section. History: 2009 a. 150; 2017 a. 365 s. 111; 2023 a. 267.
100.33 Plastic container labeling. (1) DEFINITIONS. In this section: (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. (ad) “Blister pack” means a container in which an item has a covering of plastic film or preformed semirigid plastic and the covering is affixed to a rigid backing. (ag) “Bottle” means a plastic container the neck of which is smaller than its body, with a screw-on or press-on lid. (ar) “Labeling” means attaching information to or embossing or printing information on a plastic container. (b) “Material recovery” means the reuse, recycling, reclamation, composting or other recovery of useful materials from solid waste, with or without treatment. (c) “Plastic container” means an individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale, as defined under s. 100.30 (2) (h). (d) “Reclamation” means the treatment of solid waste and its return to productive use in a form or for a use that is different from its original form or use. (e) “Recycling” means the treatment of solid waste and its return to productive use in a form and for a use that is the same as or similar to the original form and use.
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(f) “Reuse” means the return of solid waste to productive use without treatment and without changing its form or use. (g) “Sales at retail” has the meaning given in s. 100.30 (2) (h). (h) “Sales at wholesale” has the meaning given in s. 100.30 (2) (i). (2) LABELING RULES REQUIRED. The department shall promulgate rules establishing labeling requirements for plastic containers. The requirements shall be designed to provide information needed by operators of material recovery programs to facilitate the recycling, reclamation or reuse of plastic containers. The rules promulgated under this subsection shall permit a manufacturer of plastic containers and a person who places products in plastic containers to choose an appropriate method of labeling plastic containers. The department shall make an effort to develop rules which are consistent, to the greatest extent practicable, with national industry-wide plastic container coding systems. The rules shall exempt from the labeling requirements plastic containers that are readily identifiable because of their appearance. (3) PROHIBITION. (a) Sale of plastic beverage bottles. On and after January 1, 1991, no person may sell or offer for sale at wholesale in this state a plastic beverage bottle with a capacity of 8 fluid ounces or more, or a beverage in such a plastic bottle, unless the bottle complies with the labeling requirements under sub. (2). On and after January 1, 1992, no person may sell or offer for sale at retail in this state a plastic beverage bottle with a capacity of 8 fluid ounces or more, or a beverage in such a plastic bottle, unless the bottle complies with the labeling requirements under sub. (2). (b) Sale of other plastic bottles. 1. On and after January 1, 1991, no person may sell or offer for sale at wholesale in this state any plastic bottle with a capacity of 16 fluid ounces or more, or a product in such a plastic bottle, unless the bottle complies with the labeling requirements under sub. (2). On and after January 1, 1992, no person may sell or offer for sale at retail in this state any plastic bottle with a capacity of 16 fluid ounces or more, or a product in such a plastic bottle, unless the bottle complies with the labeling requirements under sub. (2). 2. On and after January 1, 1993, no person may sell or offer for sale at wholesale in this state any plastic bottle with a capacity of at least 8 fluid ounces but less than 16 fluid ounces, or a product in such a plastic bottle, unless the bottle complies with the labeling requirements under sub. (2). On and after January 1, 1994, no person may sell or offer for sale at retail in this state any plastic bottle with a capacity of at least 8 fluid ounces but less than 16 fluid ounces, or a product in such a plastic bottle, unless the bottle complies with the labeling requirements under sub. (2). 3. Subdivisions 1. and 2. do not apply to the sale or offer to sell of plastic beverage bottles or beverages in plastic bottles. (c) Sale of other plastic containers. 1. On and after January 1, 1991, no person may sell or offer for sale at wholesale in this state any plastic container with a capacity of 16 fluid ounces or more, or a product in such a plastic container, unless the container complies with the labeling requirements under sub. (2). On and after January 1, 1992, no person may sell or offer for sale at retail in this state any plastic container with a capacity of 16 fluid ounces or more, or a product in such a plastic container, unless the container complies with the labeling requirements under sub. (2). 2. On and after January 1, 1992, no person may sell or offer for sale at wholesale in this state any plastic container with a capacity of at least 8 fluid ounces but less than 16 fluid ounces, or a product in such a plastic container, unless the container complies with the labeling requirements under sub. (2). On and after January 1, 1993, no person may sell or offer for sale at retail in this
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state any plastic container with a capacity of at least 8 fluid ounces but less than 16 fluid ounces, or a product in such a plastic container, unless the container complies with the labeling requirements under sub. (2). 3. Subdivisions 1. and 2. do not apply to the sale or offer to sell of any plastic bottles or any products in plastic bottles. (3m) VARIANCES. Upon request, the department may grant a variance to a prohibition in sub. (3) for up to one year for a type of plastic container. The department may renew a variance. The department may only grant a variance if it is not technologically possible to label the plastic container. (4) PENALTY. Any person who violates sub. (3) shall forfeit not more than $500 for each violation. Each day of violation constitutes a separate offense. History: 1987 a. 293, 403; 1989 a. 31, 335. Cross-reference: See also s. ATCP 137.11, Wis. adm. code.
100.335 Child’s containers containing bisphenol A. (1) In this section, “child’s container” means an empty baby bottle or spill-proof cup primarily intended by the manufacturer for use by a child 3 years of age or younger. (2) No person may manufacture or sell, or offer for sale, at wholesale in this state a child’s container that contains bisphenol A. A manufacturer or wholesaler who sells or offers for sale in this state a child’s container that is intended for retail sale shall ensure the container is conspicuously labeled as not containing bisphenol A. A manufacturer or wholesaler who sells or offers for sale in this state a child’s container that is not intended for retail sale shall do one of the following: (a) Ensure that the container is conspicuously labeled as not containing bisphenol A. (b) Confirm to the buyer that the container does not contain bisphenol A. (3) No person may sell, or offer for sale, at retail in this state a child’s container that contains bisphenol A. A person who sells or offers for sale at retail in this state a child’s container shall ensure the container is conspicuously labeled as not containing bisphenol A. (4) (a) The department may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of this section. (b) The department or a 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. (2). A person who violates sub. (2) may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both. (c) The department or a district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $50 nor more than $200 for each violation of sub. (3). (d) For purposes of this subsection, each child’s container manufactured, sold, or offered for sale in violation of this section constitutes a separate violation. (5) The department may, after notice and opportunity for hearing under s. 93.18, order a manufacturer or seller of a child’s container in violation of this section to recall the container or to repair any defects in a container that has been sold. No person may refuse to comply with an order under this subsection. (6) This section does not apply to the sale of a used child’s container. (7) If a court imposes a fine or forfeiture for a violation of this section, the court shall impose a bisphenol A surcharge under ch. 814 equal to 50 percent of the amount of the fine or forfeiture. History: 2009 a. 145.
MARKETING; TRADE PRACTICES
100.37
100.35 Furs to be labeled. (1) No person shall sell or offer or display for sale any coat, jacket or other garment made wholly or partially of fur without having attached thereto and conspicuously displayed a tag or label bearing in plain print in English the species of fur or pelt used therein. This section shall not apply to such garments as are displayed or offered for sale or sold at a price of less than $50. (2) Any person violating this section shall be punished as in s. 100.26 (1). 100.36 Frauds; substitute for butter; advertisement. No person may use the word “butter” in any way in connection or association with the sale or exposure for sale or advertisement of any substance designed to be used as a substitute for butter. No person may use terms such as “cream”, “creamery” or “dairy”, or the name or representation of any breed of dairy cattle, or any combination of such words and representation, or any other words or symbols or combinations thereof commonly used in the sale of butter unless at least 40 percent of the substitute is butterfat. If the term “butter” is used in connection with the name of any such product, it shall be qualified so as to distinguish it from butter as defined in s. 97.01 (1r). History: 1983 a. 189 s. 329 (20); 1991 a. 111; 2013 a. 374; 2015 a. 55.
100.37 Hazardous substances act. (1) In this section: (a) “Corrosive” means any substance which in contact with living tissue will cause destruction of tissue by chemical action, but does not refer to action on inanimate surfaces. (b) “Extremely flammable” applies to any substance which has a flash point at or below 20 degrees Fahrenheit as determined by the Tagliabue open cup tester, and “flammable” applies to any substance which has a flash point of above 20 degrees to 80 degrees Fahrenheit, as determined by the Tagliabue open cup tester; “combustible” applies to any substance which has a flash point above 80 degrees Fahrenheit to 150 degrees as determined by the Tagliabue open cup tester, except that flammability or combustibility of solids and of the contents of self-pressurized containers shall be determined by methods as prescribed under the federal hazardous substances act (15 USC 1261 et seq) or found by the department to be generally applicable to such materials or containers, and established by rules adopted by the department, which shall also define “flammable”, “combustible” and “extremely flammable” in accordance with such methods. (c) “Hazardous substance” means: 1. Any substance or mixture of substances, including a toy or other article intended for use by children, which is toxic, is corrosive, is an irritant, is a strong sensitizer, is flammable or combustible, or generates pressure through decomposition, heat or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children. 2. Any substances which the department by rule finds, pursuant to sub. (2) (a), meet the requirements of subd. 1. 2m. Any substance included under sub. (2) (e) 2. 3. Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the department determines by rule that the substance is sufficiently hazardous to require labeling in accordance with this section in order to protect the public health. 4. Any toy or other article intended for use by children which the department by rule determines in accordance with this section to present an electrical, mechanical or thermal hazard or to contain a toxic substance either in or on the toy or other article.
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MARKETING; TRADE PRACTICES
5. Except as otherwise provided in this section, “hazardous substance” does not apply to pesticides subject to ss. 94.67 to 94.71, to foods, drugs and cosmetics, to bullets or other ammunition, or gun powder for reloading ammunition, nor to substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house, nor does it include any source material, special nuclear material or byproduct material as defined in the atomic energy act of 1954, as amended, and regulations of the nuclear regulatory commission under such act. (d) “Highly toxic” means any substance which falls within any of the following categories: Produces death within 14 days in half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, at a single dose of 50 milligrams or less per kilogram of body weight, when orally administered; or produces death within 14 days in half or more of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when inhaled continuously for a period of one hour or less at an atmosphere concentration of 200 parts per million by volume or less of gas or vapor or 2 milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by persons when the substance is used in any reasonably foreseeable manner; or produces death within 14 days in half or more of a group of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less. If the department finds that available data on human experience with any substance indicate results different from those obtained on animals in the above named dosages or concentrations, the human data shall take precedence. (e) “Immediate container” does not include package liners. (f) “Irritant” means any substance not corrosive which on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction. (g) “Label” means a display of written, printed or graphic matter upon the immediate container of any substance or upon an article or tag attached thereto in the case of unpackaged articles; and a requirement made by or under authority of this section that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if there is any, unless it is easily legible through the outside container or wrapper, and on all accompanying literature where there are directions for use, written or otherwise. (h) “Misbranded package” or “misbranded package of a hazardous substance” means a hazardous substance in a container intended or suitable for household use, and includes a toy or other article intended for use by children whether or not in package form, which, except as otherwise provided under sub. (2), fails to bear a label: 1. Which states conspicuously the name and place of business of the manufacturer, packer, distributor or seller; the common or usual name, or the chemical name if there is no common or usual name, of the hazardous substance or of each component which contributes substantially to its hazard, unless the department by rule permits or requires the use of a recognized generic name; the signal word “DANGER” on substances which are extremely flammable, corrosive or highly toxic; the signal word “WARNING” or “CAUTION” on all other hazardous substances; an affirmative statement of the principal hazards, such as “Flammable”, “Combustible”, “Vapor harmful”, “Causes burns”, “Absorbed through skin” or similar wording descriptive of the hazard; precautionary measures describing the action to be followed or avoided, except when modified by rule of the department pursuant to sub. (2); instruction, when necessary or appropriate, for first-aid treatment; the word “poison” for any haz-
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ardous substance which is highly toxic; instructions for handling and storage of packages which require special care in handling or storage; and the statement “Keep out of the reach of children”, or its practical equivalent or, if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard; and 2. On which any statements required under subd. 1. are located prominently and are in the English language in conspicuous and legible type in contrast by typography, layout or color with other printed matter on the label. (hm) “Practitioner” has the meaning given in s. 961.01 (19). (i) “Radioactive substance” means a substance which emits ionizing radiation. (j) “Strong sensitizer” means a substance which will cause on normal living tissue, through an allergic or photodynamic process, a hypersensitivity which becomes evident on reapplication of the same substances and which is designated as such by the department. Before designating any substance as a strong sensitizer, the department, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity. (k) “Toxic” applies to any substance, other than a radioactive substance, which has the capacity to produce personal injury or illness to persons through ingestion, inhalation, or absorption through any body surface. (1m) (a) An article may be determined to present an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture may cause personal injury or illness by electric shock. (b) An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness from any of the following: 1. Fracture, fragmentation or disassembly of the article. 2. Propulsion of the article, or any part or accessory of the article. 3. Points or other protrusions, surfaces, edges, openings or closures. 4. Moving parts. 5. Lack or insufficiency of controls to reduce or stop motion. 6. Self-adhering characteristics of the article. 7. Aspiration or ingestion of the article, or any part or accessory of the article. 8. Instability of the article. 9. Any other aspect of the article’s design or manufacture including the capability of producing sounds at a level of 138 decibels or higher. (c) An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances or surfaces. (2) (a) Whenever in the judgment of the department such action will promote the objectives of this section by avoiding or resolving uncertainty as to its application, the department may by rule declare to be a hazardous substance, for the purposes of this section, any substance or mixture of substances which it finds meets the requirements of sub. (1) (c) 1. (b) If the department finds that the requirements of this section are not adequate for the protection of the public health and safety in view of the special hazards presented by any particular hazardous substance, it may by rule establish such reasonable variations or additional requirements as it finds necessary for the protection of the public health and safety.
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(c) If the department finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this section is impracticable or is not necessary for the adequate protection of the public health and safety, it may exempt such substances from these requirements to the extent it determines to be consistent with adequate protection of the public health and safety. (d) The department may by rule prohibit the sale of a hazardous substance if it finds that notwithstanding cautionary labeling that is or may be required the degree or nature of the hazard involved in the presence or use of such substance is such that the public health and safety can only be protected by keeping such substance out of the channels of commerce in this state. (e) 1. The department may summarily ban the sale or distribution of any hazardous substance or article if it finds that the hazard to public health or safety is so great that such hazard should not be permitted to continue. The department shall follow the procedure specified in s. 93.18 (3). 2. In addition to subd. 1. and except as provided in subd. 3., all of the following are hazardous substances, possess such a degree of hazard that adequate cautionary labeling cannot be written and may not be sold or distributed: a. Propyl nitrite, isopropyl nitrite and mixtures containing propyl nitrite or isopropyl nitrite. b. The nitrous acid esters of all alcohols having the formula of 5 carbon atoms, 12 hydrogen atoms and one oxygen atom including 1-pentyl nitrite, 2-pentyl nitrite, 3-pentyl nitrite, 2methyl-1-butyl nitrite, 3-methyl-1-butyl nitrite (also known as isoamyl nitrite or isopentyl nitrite), 2-methyl-2-butyl nitrite (also known as tertiary pentyl nitrite), 3-methyl-2-butyl nitrite, 2, 2dimethylpropyl nitrite (also known as neopentyl nitrite) and mixtures containing more than 5 percent of 1-pentyl nitrite, 2-pentyl nitrite, 3-pentyl nitrite, 2-methyl-1-butyl nitrite, 3-methyl-1-butyl nitrite, 2-methyl-2-butyl nitrite, 3-methyl-2-butyl nitrite or 2, 2dimethyl nitrite. c. Ethyl chloride and ethyl nitrite. d. Any toy containing elemental mercury. 3. Subdivisions 1. and 2. do not apply to the sale or distribution of isoamyl nitrite (3-methyl-1-butyl nitrite) or ethyl chloride as prescription drugs obtained from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice. (f) The department may by rule prescribe the methods of sale of hazardous substances, including but not limited to glues, cements and hobby kit fuels, and may regulate the manner of display and restrict access by the general public to hazardous substances. (g) The department may by rule prescribe package safety standards, including type of package material and safety closures for hazardous substances and pesticides, and may prohibit the sale of noncomplying or defective packages. (h) The department may by rule limit or ban the use of any ingredient or combination of ingredients in any hazardous substance if it finds such action necessary to adequately protect the public health and safety. (3) The following acts and the causing thereof are prohibited: (a) The sale, or offering or exposing for sale of any misbranded package of a hazardous substance. (b) The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is
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100.38
done while the substance is held for sale, and results in the hazardous substance being in a misbranded package. (c) The sale, or offering or exposing for sale of a hazardous substance in a reused food, drug or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug or cosmetic container by its labeling or by other identification. The reuse of a food, drug or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being in a misbranded package. (d) The sale or offering for sale of any hazardous substance contrary to this section or to any rule or order of the department issued under this section. (e) The sale or offering for sale, in violation of this section, of any article or substance which is a hazardous substance within the meaning of this section or the federal hazardous substances act (15 USC 1261 et seq). (4) The department may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating sub. (3); irrespective of whether or not there exists an adequate remedy at law. (5) If the department has reasonable cause to believe that any substance is in violation of this section or poses an imminent hazard to public health or safety, it may deliver to the owner or custodian thereof an order prohibiting the sale or movement of such substance until an analysis or examination has been completed. Such holding order is not effective for more than 14 days from the time of delivery thereof. The substance described in any such holding order may not be sold or moved for any purpose without the approval of the department. If the department, after analysis or examination, determines that the substance described in such order is not in violation of this section, it shall promptly notify the owner or custodian thereof and such notice shall terminate the holding order. If the analysis or examination shows that the substance is in violation of this section, the owner or custodian thereof shall be so notified in writing within the effective time of the holding order. Upon receipt of such notice the owner or custodian may dispose of the substance only as authorized by the department. The owner or custodian of the substance or article may within 10 days of receipt of such notice petition for a hearing as provided in s. 93.18. (6) Nothing in this section shall affect the application of any law of this state specifically regulating any substance regulated by this section. (7) Any manufacturer, distributor or retailer of a misbranded or banned package containing a hazardous substance shall, on demand of any person purchasing such products from it, if the package is misbranded at the time of sale or banned, repurchase such product and refund the full purchase price thereof to the purchaser making the demand for refund. If the purchaser is required to return the product to the manufacturer, distributor or retailer as a condition to the repurchase and refund, the purchaser shall be reimbursed for any reasonable and necessary charges incurred in its return. (8) Whoever violates this section may be fined not more than $5,000 or imprisoned not more than one year in the county jail or both. History: 1975 c. 94 s. 91 (10); 1975 c. 117; 1983 a. 189 ss. 140, 141, 329 (20); 1991 a. 39; 1993 a. 34; 1995 a. 225, 448. Cross-reference: See also ch. ATCP 139, Wis. adm. code. Federal Preemption—The Consumer Product Safety Act of 1976 and Its Effect on Wisconsin Law. Gross. 1977 WLR 813.
100.38 Antifreeze. (1) DEFINITION. “Antifreeze” includes all substances intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal com-
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MARKETING; TRADE PRACTICES
bustion engines in order to prevent freezing of the cooling liquid, or to lower its freezing point. (2) ADULTERATION. An antifreeze is adulterated if: (a) It consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine; or (b) It will make the operation of an engine dangerous to the user; or (c) Its strength, quality or purity falls below the standards represented. (3) MISBRANDING. An antifreeze shall be deemed to be misbranded if: (a) Its labeling is false or misleading in any particular; or (b) When in package form it does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor, together with an accurate statement of the quantity of the content in terms of weight and measure on the outside of the package; or (c) It does not bear a statement warning of any hazard of substantial injury to human beings which may result from the intended use or reasonably foreseeable misuse of the antifreeze, and which complies with the requirements of s. 100.37. (5) INSPECTION. The department shall enforce this section by inspection, chemical analyses or any other appropriate method and the department may promulgate such rules as are necessary to effectively enforce this section. (6) ENFORCEMENT. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department may bring an action to enjoin violations of this section. (7) PENALTY. Any person violating this section may be fined not less than $50 or not more than $500 for each offense. History: 1971 c. 40 s. 93; 1979 c. 89, 342. Cross-reference: See also ch. ATCP 139, Wis. adm. code.
100.383 Antifreeze; bittering required. (1) Any engine coolant or antifreeze that is sold within this state and that contains more than 10 percent ethylene glycol, shall contain, as a bittering agent, denatonium benzoate in a concentration of not less than 30 parts per million nor more than 50 parts per million. (2) A manufacturer of an engine coolant or antifreeze described in sub. (1) shall maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used in the engine coolant or antifreeze, and shall make the record available to the public upon request. (3) Notwithstanding s. 100.38, a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze that is described in sub. (1) is not liable to any person for any personal injury, death, property damage, environmental damage, including damage to natural resources, or economic loss caused by the inclusion of denatonium benzoate in the engine coolant or antifreeze, if the denatonium benzoate is present in a concentration required in sub. (1). (4) This section does not apply to the sale of a motor vehicle that contains engine coolant or antifreeze or to antifreeze sold in containers with a capacity of 55 gallons or more. (5) A person who violates this section may be imprisoned in the county jail for not more than 90 days or fined not more than $1,500 or both. History: 2009 a. 381.
100.41 Flammable fabrics. section:
(1) DEFINITIONS.
In this
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(a) “Article of wearing apparel” means any costume or article of clothing worn or designed to be worn by individuals. (b) “Clear and present hazard” means a hazard found by the department to constitute a demonstrable danger to human safety, life or property. (c) “Fabric” means any material woven, knitted, felted or otherwise produced from or in combination with any natural or synthetic fiber, film or substitute therefor which is manufactured or designed for use and may reasonably be expected to be used in any product or to cover any product. (d) “Federal act” means the federal flammable fabrics act, 15 USC 1191 et seq. (e) “Furnishing” means any type of furnishing made in whole or in part of fabric or related material and which is manufactured or designed for use and may reasonably be expected to be used in or around homes, offices or other places of assembly or accommodation. (f) “Product” means any article of wearing apparel, fabric or furnishing, including tents, awnings and knapsacks. (g) “Related material” means paper, plastic, rubber, synthetic film or synthetic foam which is manufactured or designed for use or which may reasonably be expected to be used in or on any product. (2) STANDARDS OF FLAMMABILITY. The department may by rule prescribe standards of flammability that have been promulgated pursuant to the federal act. (3) PROHIBITED ACTS. No person may manufacture for sale, sell or offer for sale in this state any furnishing, product, fabric or related material in violation of this section or of any standards or rules adopted by the department under this section, or which fails to conform with applicable standards under the federal act. (4) RULES. In addition to standards of flammability, the department may by rule prescribe labeling requirements that have been established by rules promulgated pursuant to the federal act, and may ban the sale of any product or material if it finds that its flammability is such as to constitute a clear and present hazard to personal safety or property. (5) REMOVAL FROM SALE. The department may summarily ban the sale or distribution of any furnishing, fabric, product or related material if it finds that the hazard of flammability is so great that such hazard should not be permitted to continue prior to the time a hearing can be held. The department shall follow the procedure specified in s. 93.18 (3). History: 1975 c. 117.
100.42 Product safety. (1) DEFINITIONS. In this section: (a) “Aircraft” has the meaning given under s. 114.002 (3). (b) “Boat” has the meaning given under s. 30.50 (2). (c) “Consumer product” means any article, or component part thereof, produced or distributed for sale, or sold to consumers for personal use, consumption or enjoyment in or around the home, or for recreational or other purposes; but does not include bullets or other ammunition, or gun powder for reloading ammunition, motor vehicles or motor vehicle equipment, aircraft or aircraft equipment, boats or marine equipment, pesticides, hazardous substances, food and drugs, including animal feeds and drugs, or other products to the extent that they are regulated under other state or federal laws, or the state is specifically preempted from further regulation under federal law. (d) “Drug” has the meaning given under s. 450.01 (10). (e) “Federal act” means the federal consumer product safety act, 15 USC 2051 et seq. (f) “Food” has the meaning given under s. 97.01 (6). (g) “Labeling” means all labels and other written, printed or
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graphic matter on or attached to or accompanying any consumer product. (h) “Motor vehicle” has the meaning given under s. 340.01 (35). (i) “Pesticide” has the meaning given under s. 94.67 (25). (2) SAFETY STANDARDS. The department may by rule adopt consumer product safety standards that have been promulgated pursuant to the federal act. (3) REMOVAL FROM SALE: REPAIR OR REPLACEMENT. (a) The department may summarily ban the sale of any consumer product manufactured, sold or distributed in violation of this section or any rule adopted under this section, or which presents an unreasonable risk of injury or imminent hazard to the public health, welfare and safety. Any such product may be summarily banned notwithstanding the existence of applicable safety standards or action taken toward the development or adoption of a standard. The department shall follow the procedure specified in s. 93.18 (3). (b) If the department determines that a product presents a substantial hazard or risk of injury, the department may, after notice and opportunity for hearing under s. 93.18, order the manufacturer, distributor or retailer of such product: 1. To bring such product into compliance with requirements of applicable consumer product safety standards, to recall such product or to repair any defects in products which have been sold; 2. To replace such product with a like or equivalent product which complies with applicable consumer product safety standards or which does not contain the defect; or 3. To refund the purchase price of the product. (4) PROHIBITED ACTS; ENFORCEMENT. No person may manufacture, sell or distribute for sale any consumer product which is not in compliance with applicable consumer product safety standards under the federal act or rules of the department, or which has been banned as a hazardous product or ordered from sale by the department. No person may fail or refuse to comply with an order under sub. (3) (b) or any other rule or order under this section. In addition to other penalties and enforcement procedures, the department may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this section or rules adopted under this section. (5) EXEMPTIONS. Except with respect to a consumer product which is the subject of a temporary or permanent injunction or an order of the department banning its manufacture, sale or distribution, sub. (4) does not apply to any person who holds a certificate issued in accordance with section 14 (a) of the federal act to the effect that such consumer product conforms to all applicable consumer product safety standards under such act, unless such person knows that such consumer product does not conform; or to any person who relies in good faith on the representation of the manufacturer or distributor of such product that the product is not subject to an applicable safety standard under the federal act. History: 1975 c. 117; 1977 c. 106 s. 15; 1981 c. 20 s. 2202 (51) (a); 1983 a. 27 s. 2202 (38); 1983 a. 189 s. 329 (20); 1985 a. 146 s. 8. Cross-reference: See also ch. ATCP 139, Wis. adm. code. Federal Preemption—The Consumer Product Safety Act of 1976 and Its Effect on Wisconsin Law. Gross. 1977 WLR 813.
100.43 Packaging standards; poison prevention. (1) DEFINITIONS. In this section: (a) “Cosmetic” means articles other than soap, applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, or any component of any such article. (b) “Drug” has the meaning given under s. 450.01 (10), and includes animal drugs.
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100.43
(c) “Federal act” means the federal poison prevention packaging act, 15 USC 1471 et seq. (d) “Food” has the meaning given under s. 97.01 (6), and includes animal feeds. (e) “Hazardous substance” has the meaning given under s. 100.37 (1) (c). (f) “Household substance” means any substance customarily produced, distributed for sale, or sold to individuals for consumption or use in or about the household, or which is customarily kept or stored by individuals in or about the household, and which is a hazardous substance, a pesticide, a food, drug or cosmetic, or a substance intended for use as fuel when stored in a portable container and used in the heating, cooking, or refrigeration system of a house. (g) “Labeling” means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying such substance. (h) “Package” means the immediate container or wrapping in which any household substance is contained for consumption, use or storage by individuals in or about the household and, for purposes of labeling conventional packaging under sub. (3), includes any outer container or wrapping used for retail display of any such substance to consumers. The term does not apply to shipping containers or wrappings used solely for the transportation of household substances in bulk or quantity to manufacturers, packers, or processors, or to wholesale or retail distributors thereof, or to containers or wrappings used by retailers to ship or deliver household substances to consumers, unless they are the only containers or wrappings used to ship or deliver the household substance to the consumer. (i) “Pesticide” has the meaning given under s. 94.67 (25). (j) “Special packaging” means packaging designed or constructed to make it significantly difficult for children under 5 years of age to open or obtain a toxic or harmful amount of the household substance contained therein within a reasonable time, but which may be readily opened by normal adults. (2) PACKAGING STANDARDS. The department may by rule adopt special packaging standards that have been promulgated pursuant to the federal act. (3) CONVENTIONAL PACKAGING EXEMPTIONS. (a) The manufacturer or packer of a household substance subject to special packaging standards may, as necessary to make such substance available to elderly or handicapped persons unable to use such substances when packaged in compliance with such standards, package any household substances subject to such standards in conventional packaging of a single size which does not comply with such standard if: 1. The manufacturer or packer also supplies such substance in packages which comply with applicable standards; and 2. The packages bear conspicuous labeling stating: “This package for households without young children”, or such other statement as may be prescribed under applicable standards. (b) If it is determined that a household substance packaged in noncomplying package is not also being supplied by the manufacturer or packer in popular size packages which comply with special packaging standards, the department may by special order require the manufacturer or packer of such substance to package it exclusively in special packaging complying with applicable standards. (c) A household substance, subject to special packaging standards, which is dispensed pursuant to a prescription of a physician, dentist, or other licensed medical practitioner may be sold in conventional or noncomplying packages when directed in such prescription or requested by the purchaser.
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MARKETING; TRADE PRACTICES
(4) PROHIBITED ACTS; ENFORCEMENT. (a) No person may manufacture, distribute or sell any household substance which is not packaged in compliance with applicable special packaging standards under the federal act or rules of the department. No person may violate this section or any rule or order issued under this section. (b) The department may summarily ban the sale or distribution of any household substance which is sold or offered for sale in violation of this section or of any rules or order issued under this section. The department shall follow the procedure specified in s. 93.18 (3). (c) The department may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this section, or any rule or order issued under this section. History: 1975 c. 117; 1977 c. 106 s. 15; 1977 c. 272; 1983 a. 189 s. 329 (20); 1985 a. 146 s. 8. Cross-reference: See also ch. ATCP 139, Wis. adm. code.
100.435 Counterfeit and unsafe lighters. (1) DEFINITIONS. In this section: (a) “Counterfeit lighter” means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law. (b) “Lighter” means any electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting cigarettes, cigars, pipes, charcoal or gas grills, or fireplaces. (c) “Unsafe lighter” means any of the following: 1. A disposable or refillable cigarette, cigar, or pipe lighter that does not comply with ASTM International standard F40020. 2. A utility, grill, or fireplace lighter, or a lighting rod or gas match, that does not comply with ASTM International standard F2201-20. (2) PROHIBITION. (a) No person may offer for sale or sell, or offer a free sample of, a counterfeit lighter or unsafe lighter in this state. (b) The prohibition in par. (a) does not apply to any of the following: 1. The interstate transportation of counterfeit lighters or unsafe lighters that passes through this state. 2. The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state, if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution. History: 2023 a. 271.
100.44 Identification and notice of replacement part manufacturer. (1) DEFINITIONS. In this section: (a) “Motor vehicle” means any motor-driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05 (2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer. “Motor vehicle” does not mean a moped, semitrailer or trailer designed for use in combination with a truck or truck tractor. (b) “Replacement part” means a replacement for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle, including inner and outer panels. (2) IDENTIFICATION ON REPLACEMENT PART. A replacement part that is not made by or for a person who manufactures motor vehicles shall have the logo or name of the manufacturer of the replacement part affixed to or inscribed on the replacement part.
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The logo or name shall be placed on the replacement part so that to the extent practicable it is visible after installation. (3) SALE OF UNLABELED REPLACEMENT PARTS. On or after January 1, 1993, no person may sell in this state or deliver for sale in this state a replacement part that is not made by or for a person who manufactures motor vehicles unless the replacement part identifies its manufacturer as required under sub. (2). (4) PENALTY. Any person who violates sub. (3) may be required to forfeit not more than $500 for each violation. Each day of violation constitutes a separate offense. (5) ENFORCEMENT. For any violation of sub. (3), the department may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the court. History: 1991 a. 176.
100.45 Mobile air conditioners. (1) DEFINITIONS. In this section: (a) “Approved refrigerant recovery equipment” means equipment that the department or an independent standards testing organization approved by the department determines will minimize the release of ozone-depleting refrigerant when the equipment is used to transfer ozone-depleting refrigerant from mobile air conditioners into storage tanks. (ad) “Approved refrigerant recycling equipment” means equipment that the department or an independent standards testing organization approved by the department determines will treat ozone-depleting refrigerant removed from a mobile air conditioner so that the ozone-depleting refrigerant meets the standard of purity for recycled refrigerant from mobile air conditioners established under sub. (5) (a) 1. (ag) “Distributor” has the meaning given in s. 218.0101 (6). (ar) “Manufacturer” has the meaning given in s. 218.0101 (20), except that, if more than one person satisfies the definition in s. 218.0101 (20) with respect to a motor vehicle, “manufacturer” means the person who installs the mobile air conditioner that is in the motor vehicle when the motor vehicle is distributed for sale in this state. (b) “Mobile air conditioner” means mechanical vapor compression refrigeration equipment used to cool the driver or passenger compartment of a motor vehicle. (c) “Motor vehicle” has the meaning given in s. 340.01 (35). (d) “Ozone-depleting refrigerant” means a substance used in refrigeration that is or contains a class I substance, as defined in 42 USC 7671 (3) or a class II substance, as defined in 42 USC 7671 (4). (dm) “State agency” means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority. (e) “Trailer refrigeration equipment” means mechanical vapor compression refrigeration equipment used to cool a trailer designed for carrying property wholly on its own structure and for being drawn by a motor vehicle.
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(2) DISTRIBUTION OF MOBILE AIR CONDITIONERS. (a) A manufacturer or distributor may not distribute for sale in this state a mobile air conditioner that contains ozone-depleting refrigerant and that is original equipment in a new motor vehicle. (b) The department may waive the application of par. (a) to a manufacturer or distributor for a period of one year if any of the following applies: 1. All substitutes for ozone-depleting refrigerant are toxic and their use is not safe for consumers, industry or the environment. 2. Substitutes for ozone-depleting refrigerant are not available in sufficient quantities for the manufacturer or distributor to comply with par. (a). 3. An acceptable mobile air conditioner cannot be manufactured in sufficient quantities for the manufacturer to comply with par. (a) and the progress made by the manufacturer or distributor toward complying with par. (a) is comparable with the progress made by other manufacturers and distributors toward complying with par. (a). (3) SALE OF REFRIGERANT. (a) After December 31, 1990, no person may sell or offer to sell any ozone-depleting refrigerant in a container holding less than 15 pounds of ozone-depleting refrigerant. (b) No person may sell or offer to sell new or reclaimed ozone-depleting refrigerant for use in a mobile air conditioner or in trailer refrigeration equipment except to one of the following: 1. A person who intends to resell the ozone-depleting refrigerant. 2. A person who is properly trained and certified as specified by the federal environmental protection agency under 42 USC 7671h. (c) No person may offer to sell, sell or otherwise transfer possession of ozone-depleting refrigerant that was removed from a mobile air conditioner but has not been reclaimed unless all of the following apply: 1. The person or another person uses approved refrigerant recovery equipment to remove the ozone-depleting refrigerant from mobile air conditioners. 2. The person provides to the department upon request the identity of each person to whom it sells or otherwise transfers possession of the recovered ozone-depleting refrigerant. 3. The person informs each person to whom it sells or otherwise transfers possession of the ozone-depleting refrigerant that the ozone-depleting refrigerant has not been reclaimed and, if the ozone-depleting refrigerant has not been recycled, that the ozonedepleting refrigerant has not been recycled. 4. All of the recovered ozone-depleting refrigerant is conveyed in a safe and timely manner to a refrigerant reclamation facility that is recognized by the department or to a person who is properly trained and certified as specified by the federal environmental protection agency under 42 USC 7671h. (4) SERVICING. No person, including a state agency, may perform motor vehicle repair that releases or may release ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration equipment or may install or service a mobile air conditioner or trailer refrigeration equipment that contains ozone-depleting refrigerant unless all of the following apply: (a) The person does not use ozone-depleting refrigerant for cleaning purposes including to clean the interior or exterior surfaces of mobile air conditioners or trailer refrigeration equipment. (b) Whenever the person removes ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration equipment
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the person pumps the ozone-depleting refrigerant into storage tanks. (c) The person or another person does one of the following with any used ozone-depleting refrigerant: 1. Recycles the used ozone-depleting refrigerant using approved refrigerant recycling equipment at the establishment where the ozone-depleting refrigerant is removed or at another location and either reuses the recycled ozone-depleting refrigerant in servicing a mobile air conditioner or trailer refrigeration equipment or sells or otherwise transfers possession of the recycled ozone-depleting refrigerant for conveyance to a refrigerant reclamation facility that is recognized by the department. 2. Removes the used ozone-depleting refrigerant using approved refrigerant recovery equipment and sells or otherwise transfers possession of the recovered ozone-depleting refrigerant in compliance with sub. (3) (c). (d) The individuals who use the equipment under par. (c) have been properly trained and certified as specified by the federal environmental protection agency under 42 USC 7671h. (e) The person does not knowingly or negligently release ozone-depleting refrigerant to the environment, except for minimal releases that occur during efforts to recover or recycle ozonedepleting refrigerant removed from mobile air conditioners or trailer refrigeration equipment. (f) The person inspects and, if necessary, repairs mobile air conditioners or trailer refrigeration equipment that leaks or is suspected of leaking before putting additional ozone-depleting refrigerant into those mobile air conditioners or trailer refrigeration equipment. (h) The person has been properly trained and certified as specified by the federal environmental protection agency under 42 USC 7671h. (5) DEPARTMENT DUTIES. The department shall do all of the following: (a) Promulgate rules for the administration of this section including establishing all of the following: 1. A standard of purity for recycled refrigerant from mobile air conditioners that is based on recognized national industry standards. 3. Fees to cover the costs of administering this section. (b) Identify approved refrigerant recycling equipment and approved refrigerant recovery equipment or approve independent testing organizations that may identify approved refrigerant recycling equipment and approved refrigerant recovery equipment. (5e) DEPARTMENT POWERS. (a) Except as provided in par. (b), the department may promulgate rules providing that any portion of sub. (3) or (4) applies with respect to a substance used as a substitute for an ozone-depleting refrigerant. (b) The department may not promulgate rules prohibiting the sale or offering for sale of any substance used as a substitute for an ozone-depleting refrigerant in a container holding less than 15 pounds of the substance or regulating an individual’s noncommercial use of such a substance that is sold in such a container. (6) PENALTIES. (a) Any person who violates sub. (2) shall be required to forfeit $1,000. Each motor vehicle distributed in violation of sub. (2) constitutes a violation. (b) Any person who violates sub. (3) shall be required to forfeit not less than $50 nor more than $1,000. Each sale in violation of sub. (3) constitutes a violation. (c) Any person who violates sub. (4) shall be required to forfeit not less than $50 nor more than $1,000. Each repair, installation or servicing in violation of sub. (4) constitutes a violation. History: 1989 a. 284; 1991 a. 97; 1993 a. 243; 1997 a. 27, 165; 1999 a. 31; 2001 a. 16; 2005 a. 335; 2009 a. 28; 2011 a. 7, 10, 187; 2013 a. 166 s. 77; 2013 a. 312. Cross-reference: See also ch. ATCP 136, Wis. adm. code.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
100.46
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100.46
Energy consuming products. (1) ENERGY CONSERVATION STANDARDS. The department may by rule adopt energy conservation standards for products that have been established in or promulgated under 42 USC 6291 to 6309. (2) PROHIBITED ACTS; ENFORCEMENT. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1). History: 1993 a. 414. NOTE: 1993 Wis. Act 414, which creates this section, contains extensive explanatory notes.
100.47 Sales of farm equipment. (1) DEFINITION. In this section, “farm equipment” means a tractor or other machinery used in the business of farming. (2) SAFETY EQUIPMENT REQUIRED. No person in the business of selling farm equipment may sell farm equipment unless, at the time of sale, the farm equipment is equipped with all of the following: (a) A power takeoff master shield, if a tractor. (b) A power takeoff driveline shield extending to the 2nd universal joint, if farm equipment powered by a tractor. (c) Lights, reflectors, and other marking devices meeting the applicable requirements under ch. 347 at the time the farm equipment was manufactured, if farm equipment that can be operated on a highway. (d) A slow moving vehicle emblem meeting standards and specifications established under s. 347.245, if farm equipment that can be operated on a highway. (3) DISCLOSURE. (a) If farm equipment subject to sub. (2) (b) is equipped with a power takeoff shield that is not equivalent to the shield installed at the time of manufacture, the person who sells the farm equipment shall so notify the buyer in writing. (b) No person in the business of selling farm equipment may sell farm equipment that can be operated on a highway unless, at the time of sale, the person who sells the farm equipment discloses to the buyer in writing the gross vehicle weight and axle weights of the unladen farm equipment at the point of sale. (4) EXCEPTIONS. Subsections (2) and (3) (b) do not apply to: (a) Sales of farm equipment to another person in the business of selling farm equipment for the purpose of resale. (b) Sales of farm equipment for the purpose of salvage. (c) Sales by auction, unless the auctioneer holds title to the farm equipment being sold. (5) PENALTY. Any person who violates this section may be required to forfeit not more than $500 for each violation. History: 1993 a. 455; 1993 a. 491 s. 142; Stats. 1993 s. 100.47; 2013 a. 377; 2015 a. 15, 232.
100.48 Hour meter tampering. (1) In this section: (ad) “All-terrain vehicle” has the meaning given in s. 340.01 (2g). (ag) “Boat” has the meaning given in s. 30.50 (2). (am) “Farm equipment” means a tractor or other machinery used in the business of farming. (b) “Hour meter” means an instrument that measures and records the actual hours of operation of the vehicle or device to which the instrument is attached. (bg) “Off-highway motorcycle” has the meaning given in s. 23.335 (1) (q). (c) “Snowmobile” has the meaning given in s. 350.01 (12). (d) “Utility terrain vehicle” has the meaning given in s. 23.33 (1) (ng).
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(2) No person may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle, a utility terrain vehicle, an off-highway motorcycle, or a boat with the intent to defraud by changing or affecting the number of hours of operation indicated on the hour meter. (3) (a) Nothing in this section shall prevent the service, repair or replacement of an hour meter if the number of hours of operation indicated on the hour meter remains the same as before the service, repair or replacement. If an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle, a utility terrain vehicle, an off-highway motorcycle, or a boat is incapable of registering the same number of hours of operation as before its service, repair or replacement, the hour meter shall be adjusted to read zero, and a sticker shall be affixed by the owner of the vehicle or device to which the hour meter is attached or an agent, in proximity to the hour meter, specifying the number of hours of operation recorded on the hour meter prior to its service, repair or replacement and the date on which it was serviced, repaired or replaced. No person who services, repairs or replaces an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle, a utility terrain vehicle, an off-highway motorcycle, or a boat that is incapable of registering the same number of hours of operation as before such service, repair or replacement may fail to adjust the hour meter to read zero or fail to affix the sticker required by this paragraph. (b) No person may, with intent to defraud, remove, replace or alter a sticker affixed to an hour meter as required under par. (a). (4) (a) Any person who violates sub. (2) or (3) (b) with respect to an hour meter attached to farm equipment may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation. (b) Any person who violates sub. (3) (a) with respect to an hour meter attached to farm equipment may be required to forfeit not more than $500 for each violation. (c) Any person who violates sub. (2) or (3) with respect to an hour meter attached to a snowmobile, an all-terrain vehicle, a utility terrain vehicle, an off-highway motorcycle, or a boat may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation. History: 1997 a. 278; 2003 a. 166; 2011 a. 208; 2015 a. 170.
100.50 Products containing or made with ozone-depleting substances. (1) DEFINITIONS. In this section: (a) “Class I substance” has the meaning given in 42 USC 7671 (3). (b) “Class II substance” has the meaning given in 42 USC 7671 (4). (2) PRODUCT LABELING. Beginning on August 1, 1994, no person may represent in advertising or on a label that any product that the person manufactures, packages, distributes or sells is “ozone friendly” or use any similar description that implies that the product does not contribute to the depletion of stratospheric ozone if the product contains or is made with a class I substance or a class II substance. (3) SALE OF PORTABLE FIRE EXTINGUISHERS. Beginning on August 1, 1994, no person may sell or offer to sell a portable fire extinguisher that contains a class I substance except for use by a commercial user. (4) FIRE-EXTINGUISHING PRODUCTS. Beginning on January 1, 1995, a person may make, package, sell or offer to sell a fireextinguishing product that contains a class I substance only if the class I substance has been recycled or reclaimed and, in the case of a sale or offer to sell, if sale of the product is not prohibited under sub. (3).
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(5) RETURN TO MANUFACTURER. After the sale of a product is prohibited under sub. (3) or (4), a retailer that purchased the product from the manufacturer for resale before the date on which the prohibition takes effect may return the product to the manufacturer and the manufacturer shall refund the purchase price to the retailer. (6) PENALTY; ENFORCEMENT. (a) Any person who violates sub. (2), (3) or (4) shall be required to forfeit not less than $250 nor more than $1,000. Each day on which a person sells or offers to sell in violation of one of those provisions constitutes a separate offense. (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. (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. (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). History: 1993 a. 243; 1995 a. 27.
100.51 Motor fuel dealerships. (1) DEFINITIONS. As used in this section: (a) “Dealer” has the meaning given under s. 135.02 (2). (b) “Dealership” has the meaning given under s. 135.02 (3). (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. (d) “Grantor” has the meaning given under s. 135.02 (5). (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: (a) Any designated family member may succeed to the ownership of the motor fuel dealership if all of the following conditions are met: 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. 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. 3. The designated family member agrees to be bound by all terms and conditions of the existing motor fuel dealership agreement. 4. There does not exist good cause under par. (b) for refusing to honor the succession. (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.
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(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. (d) The notice under par. (c) shall be in writing and shall include all of the following: 1. A statement of the motor fuel grantor’s refusal to honor succession and of the specific grounds constituting good cause for the refusal. 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. (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. (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: 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. 2. A statement of the specific reasons for termination. (3) ENFORCEMENT OF SURVIVORSHIP RIGHTS. (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. (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. (4) HOURS OF BUSINESS. (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. (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. (5) MOTOR VEHICLES USED BY DISABLED; SERVICE. (a) In this subsection: 1. “Motor vehicle” has the meaning given in s. 340.01 (35). 2. “Pump” means a device used to dispense motor fuel for sale at retail. (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:
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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. 2. The driver of the motor vehicle asks for the same price as charged for motor fuel dispensed from a self-service pump. 3. The motor fuel dealer sells motor fuel at retail from both full-service and self-service pumps. (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. (d) A motor fuel dealer that violates par. (b) may be required to forfeit not more than $100 for each violation. (6) UNBLENDED GASOLINE SALES REQUIREMENT. (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). (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. (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. (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. (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. (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). History: 1987 a. 95, 399; 1989 a. 31; 1995 a. 27; 1997 a. 35; 1997 a. 111 s. 30; Stats. 1997 s. 100.51; 2009 a. 246, 401.
100.52 Telephone solicitations. (1) DEFINITIONS. (b) “Basic local exchange service” has the meaning in s. 196.01 (1g). (bd) “Caller identification record” means a record that is delivered electronically to the recipient of a telephone call or text message simultaneously with the reception of the telephone call or text message and that indicates the telephone number from which the telephone call or text message was initiated or similar information regarding the telephone call or text message. (bm) “Commercial mobile service” has the meaning given in s. 196.01 (2i). (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. (d) “Nonresidential customer” means a person, other than a
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residential customer, who is furnished with telecommunications service by a telecommunications utility. (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. (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. (g) “Telecommunications service” has the meaning given in s. 196.01 (9m). (h) “Telecommunications utility” has the meaning given in s. 196.01 (10). (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. (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. (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. (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). (4) TELEPHONE SOLICITOR REQUIREMENTS. (a) A telephone solicitor or an employee or contractor of a telephone solicitor may not do any of the following: 1. Use an electronically prerecorded message in telephone solicitation without the consent of the recipient of the telephone call. 2. Make a telephone solicitation to a telephone number that, at the time the solicitation is made, is listed on the state do-notcall registry. 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. 4. When making a telephone solicitation, block the transmission of a caller identification record. 5. When making a telephone solicitation, knowingly transmit a misleading or inaccurate caller identification record, except that a telephone solicitor or an employee or contractor of a telephone solicitor may transmit the name of the seller on whose be-
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half the telephone solicitation is being made and the seller’s customer service telephone number if an individual may call that number to make a do-not-call request during regular business hours. (b) A telephone solicitor may not do any of the following: 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). 2. Require an employee or contractor to make a telephone solicitation that violates par. (a). 3. Use or possess a copy or updated version of the state donot-call registry that the telephone solicitor has obtained in violation of federal law. (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. (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: 1. The telephone solicitor. 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. (6) EXCEPTIONS. (am) Subsections (4) (a) 2. and 3. do not apply to a telephone solicitation that satisfies any of the following: 1. The telephone solicitation is made to a recipient in response to the recipient’s request for the telephone solicitation. 2. 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. (c) Subsection (4) (a) 5. does not apply to the transmission of a caller identification record in connection with the authorized activity of a law enforcement agency or a court order that specifically authorizes the manipulation of a caller identification record. (7) TERRITORIAL APPLICATION. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation. (8) RULES. The department may promulgate rules to administer and enforce this section. (9) DEPARTMENT DUTIES. (a) The department shall publicize the procedures for a residential customer to add a telephone number to the national do-not-call registry. (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. (10) PENALTIES. (a) Except as provided in par. (b) or (c), a person who violates this section may be required to forfeit $100 for each violation. (b) A telephone solicitor that violates sub. (4) (a) 1. to 3., (b), (c), or (d) may be required to forfeit not more than $100 for each violation. (c) A telephone solicitor that violates sub. (4) (a) 4. or 5. shall
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forfeit not less than $100 nor more than $10,000 for each violation. History: 2001 a. 16 ss. 2435 to 2446f, 2819b, 2821b; 2007 a. 226; 2011 a. 197; 2013 a. 234; 2023 a. 243. Cross-reference: See also ch. ATCP 127, Wis. adm. code.
100.523 Caller identification spoofing. (1) DEFINITION. In this section, “caller identification record” has the meaning given in s. 100.52 (1) (bd). (2) PROHIBITION. Except as provided in sub. (3), no person may, in connection with any telecommunications service, knowingly transmit a misleading or inaccurate caller identification record with the intent to defraud or wrongfully obtain anything of value, including personally identifiable information. (3) EXEMPTIONS. The prohibition in sub. (2) does not apply to any of the following: (a) The transmission of a caller identification record in connection with the authorized activity of a law enforcement agency or a court order that specifically authorizes the manipulation of a caller identification record. (b) A provider of telecommunications service, Internet access service, or voice over Internet protocol service that is engaged in any of the following: 1. Acting in the service provider’s capacity as an intermediary for the transmission of telephone service between the caller and the recipient. 2. Providing or configuring a service or service feature as requested by the customer. 3. Acting in a manner that is authorized or required by law. (4) RULES. The department may promulgate rules to administer and enforce this section. (5) ENFORCEMENT. 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. (6) PENALTY. A person who violates sub. (2) shall forfeit not less than $100 nor more than $10,000 for each violation. History: 2023 a. 243.
100.525 Telephone records; obtaining, selling, or receiving without consent. (1) In this section: (a) “Caller identification record” means a record that is delivered electronically to the recipient of a telephone call simultaneously with the reception of the telephone call and that indicates the telephone number from which the telephone call was initiated or similar information regarding the telephone call. (am) “Customer” means a person who purchases telephone service. (b) “Telephone record” means a record in written, electronic, or oral form, except a caller identification record, that is created by a telephone service provider and that contains any of the following information with respect to a customer: 1. Telephone numbers that have been dialed by the customer. 2. Telephone numbers pertaining to calls made to the customer. 3. The time when calls were made by the customer or to the customer. 4. The duration of calls made by the customer or to the customer. (c) “Telephone service” means the conveyance of 2-way voice communication in analog, digital, or other form by any medium, including wire, cable, fiber optics, cellular, broadband personal communications services, or other wireless technologies, satellite, microwave, or at any frequency over any part of the electromagnetic spectrum. “Telephone service” includes the con-
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veyance of voice communication over the Internet and telephone relay service. (d) “Telephone service provider” means a person who provides telephone service to a customer. (2) No person may do any of the following: (a) Obtain, or attempt to obtain, a telephone record that pertains to a customer who is a resident of this state, without the customer’s consent, by doing any of the following: 1. Making a false statement to an agent of a telephone service provider. 2. Making a false statement to a customer of a telephone service provider. 3. Knowingly providing to a telephone service provider a document that is fraudulent, that has been lost or stolen, or that has been obtained by fraud. (b) Ask another person to obtain a telephone record knowing that the person will obtain the telephone record in a manner prohibited under this section. (c) Sell or offer to sell a telephone record obtained in a manner prohibited under this section. (3) (a) A person who violates this section is guilty of a Class I felony if the violation involves one telephone record. (b) A person who violates this section is guilty of a Class G felony if the violation involves 2 or more telephone records. (c) A person who violates this section is guilty of a Class E felony if the violation involves more than 10 telephone records. (4) (a) In addition to the penalties authorized under sub. (3), a person who violates this section may be required to forfeit personal property used or intended to be used in the violation. (b) In an action to enforce this section, the court shall award to a person who is the subject of a telephone record involved in a violation of this section all of the following: 1. The amount of the person’s pecuniary loss suffered because of a violation of this section, if proof of the loss is submitted to the satisfaction of the court, or $1,000, whichever is greater. 2. The amount of any gain to the violator as a result of the violation. (5) This section does not apply to any of the following: (a) Action by a law enforcement agency in connection with the official duties of the law enforcement agency. (b) A disclosure by a telephone service provider, if any of the following applies: 1. The telephone service provider reasonably believes the disclosure is necessary to do any of the following: a. Provide telephone service to a customer. b. Protect an individual from fraudulent, abusive, or unlawful use of telephone service or a telephone record. 2. The disclosure is made to the National Center for Missing and Exploited Children. 3. The disclosure is authorized by state or federal law or regulation. (6) A violation of this section may also constitute an unfair method of competition or unfair trade practice under s. 100.20 or a fraudulent representation under s. 100.18. History: 2005 a. 261; 2007 a. 97.
100.53 Vehicle rentals; title and registration fees. (1) In this section: (ag) “Government fee” means any fee charged by a rental company to recover the cost of any fee or charge that is imposed by a government, airport or other transportation authority, or any
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other government agent that is deemed applicable to the rental of private vehicles in this state. (am) “Rental company” has the meaning given in s. 344.51 (1g) (c). (b) “Title or registration fee” means a fee charged by a rental company to recover the cost of registering or obtaining a certificate of title. (2) No rental company may disseminate or make in this state an advertisement or representation that includes a statement of the rental rate for a private passenger vehicle, as defined in s. 344.57 (4), that is available for rent from a location in this state, unless one of the following applies: (a) The statement of the rental rate includes the amount of any title or registration fee or government fee charged by the rental company. (b) The advertisement or representation includes a statement that the customer must pay a title or registration fee or government fee, and the rental company notifies a customer of the amount of the title or registration fee or government fee before the customer enters into an agreement with the rental company. History: 2005 a. 25, 173, 254.
100.54 Access to credit reports. (1) DEFINITIONS. In this section: (a) “Business day” means a business day, as defined in s. 421.301 (6), that is not a legal holiday under s. 995.20 or a federal legal holiday. (b) “Consumer report” has the meaning given in 15 USC 1681a (d). (c) “Consumer reporting agency” has the meaning given in 15 USC 1681a (f). (d) “Reseller” means a consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of credit information from which new consumer reports are produced. (e) “Security freeze” means a notice included with an individual’s consumer report that indicates that releases of the consumer report are subject to this section. (2) SECURITY FREEZES. (a) Except as provided in par. (c), a consumer reporting agency shall include a security freeze with an individual’s consumer report if the individual does all of the following: 1. Sends a request by certified mail to an address designated by the consumer reporting agency, or sends a request directly to the consumer reporting agency by any other means that the consumer reporting agency may provide. 2. Provides the consumer reporting agency with proper identification. 3. If applicable, pays the fee specified in sub. (9). (b) No later than 5 business days after an individual satisfies the requirements under par. (a) 1. to 3., a consumer reporting agency shall include a security freeze with the individual’s consumer report. No later than 10 business days after including the security freeze with the consumer report, the consumer reporting agency shall send the individual a notice that does all of the following: 1. Confirms that a security freeze is included with the individual’s consumer report. 2. Includes a unique personal identification number, password, or other device for the individual to authorize release of the consumer report.
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3. Describes the procedure for authorizing release of the consumer report. (c) Paragraph (a) does not apply to any of the following: 1. A reseller, except that if a reseller obtains from another consumer reporting agency an individual’s consumer report that includes a security freeze, the reseller shall include the security freeze with any consumer report regarding the individual that the reseller maintains. 2. A consumer reporting agency that is a check services or fraud prevention services company which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments. 3. A consumer reporting agency that is a deposit account information service company which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar negative information regarding an individual to inquiring financial institutions for use only in reviewing an individual’s request for a deposit account at the inquiring financial institution. (3) PROHIBITION. Except as provided in sub. (8), if an individual’s consumer report includes a security freeze, a consumer reporting agency may not release the consumer report to any person for any purpose related to the extension of credit unless the individual gives prior authorization for the release under sub. (4). (4) RELEASE AUTHORIZATION. (a) An individual whose consumer report includes a security freeze may authorize a consumer reporting agency to release the report by doing all of the following: 1. Contacting the consumer reporting agency using a point of contact designated by the consumer reporting agency. 2. Providing proper identification and the personal identification number, password, or other device specified in sub. (2) (b) 2. 3. Specifying the time period for which the release is authorized. 4. If applicable, paying the fee specified in sub. (9). (b) If an individual satisfies the requirements under par. (a) 1. to 4., the consumer reporting agency shall release the individual consumer report during the time period specified by the individual, except that a consumer reporting agency is not required to release a consumer report sooner than 3 business days after the individual contacts the consumer reporting agency under par. (a) 1. A consumer reporting agency may establish procedures for releasing consumer reports sooner than 3 business days for individuals who satisfy the requirements under par. (a) 1. to 4. by telephone, facsimile, or the Internet, or by use of other electronic media. (5) RELEASE OF REPORTS. A consumer reporting agency may release an individual’s consumer report that includes a security freeze if any of the following apply: (a) The individual authorizes the release under sub. (4). (b) The individual requests removal of the security freeze under sub. (6). (c) The consumer reporting agency included a security freeze with the consumer report due to a material misrepresentation of fact by the individual, if the consumer reporting agency notifies the individual in writing about the misrepresentation before the consumer reporting agency releases the consumer report. (6) REMOVING SECURITY FREEZES. (a) An individual may request removal of a security freeze included with the individual’s consumer report by doing all of the following: 1. Contacting the consumer reporting agency using a point of contact designated by the consumer reporting agency.
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2. Providing proper identification and the personal identification number, password, or other device specified in sub. (2) (b) 2. 3. If applicable, paying the fee specified in sub. (9). (b) If an individual requests removal of a security freeze under par. (a), the consumer reporting agency shall remove the security freeze from the individual’s consumer report no later than 3 business days after the individual satisfies the requirements under par. (a) 1. to 3. and the consumer reporting agency’s release of the report is no longer subject to this section. (7) THIRD PARTIES. (a) If a 3rd party requests access to an individual’s consumer report that includes a security freeze, the request is made in connection with the individual’s application for an extension of credit, and the consumer reporting agency is prohibited under this section from releasing the report to the 3rd party, the 3rd party may treat the individual’s application as incomplete. (b) This section does not prohibit a consumer reporting agency from advising a 3rd party that an individual’s consumer report includes a security freeze and that the consumer reporting agency must obtain the individual’s authorization before releasing the individual’s consumer report. (8) EXCEPTIONS. This section does not apply to an individual’s consumer report that a consumer reporting agency releases to, or for, any of the following: (a) 1. a. A person with whom the individual has, or had prior to assignment, an account or contract, including a demand deposit account; a person to whom the individual issued or is otherwise personally liable on a negotiable instrument; or a person who otherwise has a legitimate business need for the information in connection with a business transaction initiated by the individual; for the purpose of preventing or investigating potential fraud or theft of identity, reviewing the account, collecting the financial obligation owing for the account, contract, or negotiable instrument, or conducting the business transaction. b. A subsidiary, affiliate, or agent of a person specified in subd. 1. a. c. An assignee of a financial obligation owing by the individual to a person specified in subd. 1. a. d. A prospective assignee of a financial obligation owing by the individual to a person specified in subd. 1. a. in conjunction with the proposed purchase of the financial obligation. 2. For purposes of subd. 1. a., “reviewing the account” includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements. (b) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom the consumer reporting agency has released the consumer report during the time period authorized by the individual under sub. (4). (c) Any state or local agency, law enforcement agency, court, or private collection agency acting pursuant to a court order, warrant, or subpoena. (d) A child support agency acting pursuant to 42 USC 651 to 669b. (e) The state or its agents or assigns acting to investigate fraud or acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities. (f) The use of credit information for the purposes of prescreening as provided under 15 USC 1681b (c). (g) A person administering a credit file monitoring subscription service or similar service to which the individual has subscribed. (h) A person for the purpose of providing an individual with a copy of his or her consumer report upon the individual’s request.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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(i) An insurer authorized to do business in this state that uses the consumer report in connection with the underwriting of insurance involving the individual. For purposes of this paragraph, “underwriting” consists of the activities described in the Federal Trade Commission’s interpretation of 15 USC 1681b (a) (3) (C) in 16 CFR Part 600, App. A. (j) A person who intends to use the information for employment purposes. (9) FEES. (a) Except as provided in par. (b), a consumer reporting agency may charge an individual a fee of no more than $10 each time that the individual requests a security freeze under sub. (2), authorizes release of a consumer report under sub. (4), or requests removal of a security freeze under sub. (6). (b) A consumer reporting agency may not charge a fee to an individual who submits evidence satisfactory to the consumer reporting agency that the individual made a report to a law enforcement agency under s. 943.201 (4) regarding the individual’s personal identifying information or a personal identifying document. A copy of a law enforcement agency’s report under s. 943.201 (4) is considered satisfactory evidence for purposes of this paragraph. (10) INFORMATION CHANGES. (a) Except as provided in par. (b), if a consumer reporting agency includes a security freeze in an individual’s consumer report, the consumer reporting agency may not change the individual’s name, date of birth, social security number, or address in the report unless, within 30 business days of changing the information, the consumer reporting agency sends written notice of the change to the individual. If the notice concerns a change of address, the consumer reporting agency shall send the notice to both the new and former address. (b) Notice is not required under par. (a) for changing abbreviations for names or streets, correcting spelling, transposing numbers, or making other technical changes. (11) NOTICES. Whenever a consumer reporting agency is required to provide an individual with a notice under 15 USC 1681g regarding consumer rights under the federal credit reporting law, the consumer reporting agency shall also provide the individual with the following notice: “Wisconsin Consumers Have the Right to Obtain a Security Freeze. You have a right to include a “security freeze” with your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report in connection with a credit transaction without your express authorization. A security freeze must be requested in writing by certified mail or by any other means provided by a consumer reporting agency. The security freeze is designed to prevent an extension of credit, such as a loan, from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a loan, credit, mortgage, or Internet credit card transaction, including an extension of credit at point of sale. When you request a security freeze for your credit report, you will be provided a personal identification number or password to use if you choose to remove the security freeze from your credit report or authorize the release of your credit report for a period of time after the security freeze is in place. To provide that authorization you must contact the consumer reporting agency and provide all of the following: (1) The personal identification number or password. (2) Proper identification to verify your identity. (3) The period of time for which the report shall be made available.
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(4) Payment of the appropriate fee. A security freeze does not apply to a person or its affiliates, or collection agencies acting on behalf of a person, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements. Unless you are a victim of identity theft with a police report to verify the crime, a consumer reporting agency has the right to charge you no more than $10 to include a security freeze with your credit report, no more than $10 to authorize release of a report that includes a security freeze, and no more than $10 to remove a security freeze from your credit report.” (12) RULES. The department shall promulgate rules specifying what constitutes proper identification for purposes of subs. (2) (a) 2., (4) (a) 2., and (6) (a) 2. The rules shall be consistent with any requirements under federal credit reporting law pertaining to proper identification. (13) DAMAGES. (a) Any person who obtains a consumer report from a consumer reporting agency, requests a consumer reporting agency to include or remove a security freeze in a consumer report, or authorizes a consumer reporting agency to release a consumer report that includes a security freeze, under false pretenses or in knowing violation of, or in an attempt to knowingly violate, this section or federal law, shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater. (b) A person who fails to comply with this section is liable for any actual damages sustained by an individual as a result of the failure and, notwithstanding s. 814.04 (1), the costs of the action, including reasonable attorney fees. History: 2005 a. 140; 2007 a. 97; 2025 a. 129. Cross-reference: See also ch. ATCP 112, Wis. adm. code.
100.545 Security freezes for protected consumers. (1) DEFINITIONS. In this section: (a) “Consumer report” has the meaning given in 15 USC 1681a (d). (b) “Consumer reporting agency” has the meaning given in 15 USC 1681a (f). (c) “Protected consumer” means an individual who is one of the following: 1. Under the age of 16 years at the time a request for the placement of a security freeze is made under sub. (3) (a). 2. An individual for whom a guardian or conservator has been appointed. (d) “Record” means a compilation of information about a protected consumer that satisfies all of the following: 1. The compilation identifies the protected consumer. 2. The compilation is created by a consumer reporting agency solely for the purpose of complying with this section. (e) “Representative” means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. (f) “Security freeze for a protected consumer” means one of the following: 1. If a consumer reporting agency does not have a file pertaining to a protected consumer, a restriction placed on the protected consumer’s record that prohibits, except as provided in this section, the consumer reporting agency from releasing the protected consumer’s record. 2. If a consumer reporting agency has a file pertaining to the protected consumer, a restriction placed on the protected consumer’s credit report that prohibits, except as provided in this sec-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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tion, the consumer reporting agency from releasing the protected consumer’s credit report or any information derived from the protected consumer’s credit report. (g) “Sufficient proof of authority’ means documentation that shows a representative has authority to act on behalf of a protected consumer, including any of the following: 1. An order issued by a court. 2. A lawfully executed and valid power of attorney. 3. A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer. (h) “Sufficient proof of identification” means information or documentation that identifies a protected consumer or a representative of a protected consumer, including any of the following: 1. A social security number or a copy of a social security card issued by the social security administration. 2. A certified or official copy of a birth record issued by the entity authorized to issue the birth record. 3. A copy of an operator’s license issued under ch. 343 or under a comparable law of another state, an identification card issued under s. 343.50 or under a comparable law of another state, or any other government issued identification. (2) EXCEPTIONS. This section does not apply to the use of a protected consumer’s credit report or record by any of the following: (a) A person administering a credit file monitoring subscription service to which the protected consumer has subscribed or the representative of the protected consumer has subscribed on behalf of the protected consumer. (b) A person providing the protected consumer or the protected consumer’s representative with a copy of the protected consumer’s credit report on request of the protected consumer or the protected consumer’s representative. (c) A person exempted under s. 100.54 (8) from the requirements of s. 100.54. (d) An insurance company for the purpose of conducting its ordinary business. (e) A consumer reporting agency’s database or file that consists of information concerning, and used for, one or more of the following, but not for credit granting purposes: 1. Criminal record information. 2. Fraud prevention or detection. 3. Personal loss history information. 4. Employment, tenant, or other background screening. (3) PLACEMENT OF SECURITY FREEZE. (a) A consumer reporting agency shall place a security freeze for a protected consumer if the consumer reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze and the protected consumer’s representative does all of the following: 1. Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency. 2. Provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative. 3. Provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer. 4. Pays to the consumer reporting agency a fee as provided in sub. (5). (b) If a consumer reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a request under par. (a), the consumer reporting
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agency shall create a record for the protected consumer. Upon receiving the request, the consumer reporting agency shall verify that no file pertains to the protected consumer by checking for existing files relating to the protected consumer’s name and social security number and for existing files relating only to the protected consumer’s social security number. A record created under this paragraph may not be used to consider the protected consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. (c) Within 30 days after receiving a request that meets the requirements of par. (a), a consumer reporting agency shall place a security freeze for the protected consumer. (d) Unless a security freeze for a protected consumer is removed in accordance with sub. (4) or (6), a consumer reporting agency may not release the protected consumer’s credit report, any information derived from the protected consumer’s credit report, or any record created for the protected consumer. (e) A security freeze for a protected consumer placed under par. (c) remains in effect until one of the following occurs: 1. The protected consumer or the protected consumer’s representative requests the consumer reporting agency to remove the security freeze in accordance with sub. (4). 2. The security freeze is removed in accordance with sub. (6). (4) REMOVAL OF SECURITY FREEZE. (a) If a protected consumer or a protected consumer’s representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer’s representative shall do all of the following: 1. Submit a request for the removal of the security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency. 2. Provide to the consumer reporting agency sufficient proof of identification of the protected consumer and one of the following: a. For a request by the protected consumer, proof that the sufficient proof of authority for the protected consumer’s representative to act on behalf of the protected consumer is no longer valid. b. For a request by the representative of the protected consumer, sufficient proof of identification of the representative and sufficient proof of authority to act on behalf of the protected consumer. 3. Pay to the consumer reporting agency a fee as provided in sub. (5). (b) Within 30 days after receiving a request that meets the requirements of par. (a), the consumer reporting agency shall remove the security freeze for the protected consumer. (5) FEES. (a) Except as provided in par. (b), a consumer reporting agency may not charge a fee for any service performed under this section. (b) A consumer reporting agency may charge a reasonable fee, not exceeding $10, for each placement or removal of a security freeze for a protected consumer. (c) Notwithstanding par. (b), a consumer reporting agency may not charge any fee under this section if any of the following applies: 1. The protected consumer’s representative has obtained a police report or affidavit of alleged identity fraud against the protected consumer and provides a copy of the report or affidavit to the consumer reporting agency. 2. A request for the placement or removal of a security freeze is for a protected consumer who is under the age of 16 years at the
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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time of the request and the consumer reporting agency has a file pertaining to the protected consumer. (6) MATERIAL MISREPRESENTATIONS. A consumer reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer’s representative. (7) PENALTY; ENFORCEMENT. (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation. (b) The department of agriculture, trade and consumer protection or the department of justice, after consulting with the department of agriculture, trade and consumer protection, may bring an action for temporary or permanent injunctive or other relief for any violation of this section or an action for the penalty authorized in par. (a). History: 2013 a. 78; 2017 a. 334; 2025 a. 129.
100.55 Furnishing or using certain consumer loan information to make solicitations. (1) In this section: (a) “Consumer” has the meaning given in 15 USC 1681a (c). (b) “Consumer report” has the meaning given in 15 USC 1681a (d). (c) “Consumer reporting agency” has the meaning given in 15 USC 1681a (f). (d) “Lender” means any of the following: 1. A financial institution, as defined in s. 214.01 (1) (jn). 2. A finance company licensed under ss. 138.09 or 218.0101 to 218.0163. 3. A mortgage banker or mortgage broker licensed under s. 224.72 or a mortgage loan originator licensed under s. 224.725. 4. Any other person, not identified in subds. 1. to 3., the primary business of which is to make loans or engage in lending activities in this state. (e) “Nonaffiliated 3rd party” means a person that is not related by common ownership or affiliated by common corporate control. (f) “Person” has the meaning given in 15 USC 1681a (b). (g) “Personal financial data provider” means any person, other than a consumer reporting agency, that regularly engages in whole or in part in the practice of assembling and furnishing to 3rd parties, for a fee or payment of dues, the identity of particular consumers and financial information relating to such consumers that is not generally available to the public, including information derived from any application by these consumers for an extension of credit or other nonpublic personal information, as defined in 15 USC 6809 (4), relating to these consumers. (h) “Prescreened consumer report” means a consumer report furnished by a consumer reporting agency under authority of 15 USC 1681b (a) (3) (A) and (c) (1) (B) to a person that the consumer reporting agency has reason to believe intends to use the information in connection with any credit transaction that involves the consumer on whom the information is to be furnished and that is not initiated by this consumer. (i) “Trigger lead” means information relating to a consumer that is furnished by a consumer reporting agency or personal financial data provider to a nonaffiliated 3rd party if all of the following apply: 1. The consumer has applied to a lender, other than the 3rd party to whom the information is furnished, for an extension of credit and the lender has provided the consumer’s credit application, or information derived from or related to the consumer’s
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credit application, to a consumer reporting agency or personal financial data provider for purposes of obtaining a consumer report or otherwise evaluating or rating the consumer’s creditworthiness. 2. The information furnished to the 3rd party includes the consumer’s name and address or telephone number, or other information that allows the 3rd party to identify the consumer. 3. The information furnished to the 3rd party contains, with respect to the extension of credit for which the consumer has applied under subd. 1., any identification of the amount of credit for which the consumer has applied or any other information that is related to the terms and conditions of credit for which the consumer has applied and that is not generally available to the public. 4. The consumer has not authorized the consumer reporting agency or personal financial data provider to provide the information to 3rd parties and has not initiated any credit transaction with the 3rd party. 5. The 3rd party to whom the information is furnished has not extended credit to the consumer on which an unpaid balance remains. (j) “Solicit” means the initiation of a communication to a consumer for the purpose of encouraging the consumer to purchase property, goods, or services or apply for an extension of credit. “Solicit” does not include communications initiated by the consumer or directed to the general public. (2) (a) If any trigger lead is not a prescreened consumer report, no person may furnish the trigger lead to a nonaffiliated 3rd party unless the person reasonably believes that the 3rd party will not use the trigger lead to solicit any consumer identified in the trigger lead. (b) Any person that furnishes a trigger lead described in par. (a) to a nonaffiliated 3rd party shall establish and maintain procedures to reasonably ensure that the trigger lead will not be used to solicit any consumer identified in the trigger lead. These procedures shall include requiring any person that obtains a trigger lead described in par. (a) to identify the user of the trigger lead and to certify, in a manner similar to that required under 15 USC 1681e (a), the purpose for which the trigger lead is obtained and that the person will not use the trigger lead to solicit any consumer identified in the trigger lead. (c) No person that obtains a trigger lead described in par. (a) may use the trigger lead to solicit any consumer identified in the trigger lead. (3) (a) If any trigger lead is a prescreened consumer report, a person that obtains a trigger lead and uses the trigger lead to solicit any consumer identified in the trigger lead may not utilize unfair or deceptive practices in soliciting the consumer. (b) For purposes of this subsection, unfair or deceptive practices include all of the following: 1. Failure to state in the initial phase of the solicitation that the person soliciting is not the lender, and is not affiliated with the lender, to which the consumer has applied for an extension of credit. 2. Failure in the initial solicitation to comply with any applicable requirement under 15 USC 1681b (a), (c), (e), and (f), 1681e (a), and 1681m (d). 3. Knowingly or negligently utilizing information regarding consumers who have made an election under 15 USC 1681b (e) to be excluded from prescreened consumer reports or who have registered their telephone numbers on the national do-not-call registry as provided in 47 CFR 64.1200. 4. Soliciting consumers with offers of certain rates, terms, and costs, with intent to subsequently raise the rates or change the terms to the consumers’ detriment.
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5. Making false or misleading statements in connection with a credit transaction that is not initiated by the consumer. (4) (a) Any person who violates sub. (2) or (3) may be required to forfeit not less than $100 nor more than $1,000 for each violation. (b) The department shall investigate violations of this section. The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department, may on behalf of the state: 1. Bring an action for temporary or permanent injunctive or other relief for any violation of this section. In such an action for injunctive relief, irreparable harm is presumed. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this section if proof of such loss is submitted to the satisfaction of the court. 2. Bring an action in any court of competent jurisdiction for the penalties authorized under par. (a). (c) In addition to any other remedies, any person aggrieved by a violation of sub. (2) or (3) may bring a civil action for damages. In such an action, any person who violates sub. (2) or (3) shall be liable for twice the amount of actual damages caused by the violation or $500, whichever is greater, and, notwithstanding s. 814.04 (1), the costs of the action, including reasonable attorney fees. In such an action, the court may also award any equitable relief that the court determines is appropriate. History: 2007 a. 76; 2009 a. 2; 2013 a. 234.
100.57 Tax preparers; privacy of client information. (1) In this section: (a) “Client” means a person whose tax return is prepared by a tax preparer. (b) “Tax preparer” means a person who, in exchange for compensation or expectation of compensation, prepares an income tax return of another person, but does not include any of the following: 1. An individual who or firm that is licensed under s. 442.08. 2. An individual who is licensed to practice law in this state. 3. An individual who is employed by a corporate trustee, bank, or trust company and who is authorized to provide fiduciary services under state or federal law. (2) A tax preparer or entity that employs tax preparers may not disclose to another person information obtained in the course of preparing a client’s tax return, unless all of the following apply: (a) The tax preparer or entity provides to the client a separate document that identifies all of the following: 1. The persons to whom the tax preparer or entity intends to disclose the information. 2. The specific information that the tax preparer or entity intends to disclose. 3. The purpose of the disclosure. (b) The document provided under par. (a) informs the client that the client may at any time revoke consent to the disclosure of information obtained in the course of preparing the client’s tax return for a tax year by giving notice to the tax preparer or entity that prepared the client’s tax return for the tax year. (c) The client signs the document provided by the tax preparer or entity under par. (a). (d) Within 30 days after the date on which the tax preparer or entity completes work on the client’s tax return or the date on which the client signs the document provided by the tax preparer or entity under par. (a), whichever occurs first, the tax preparer or entity provides to the client a copy of the document signed by the client.
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(3) Subsection (2) does not apply to the disclosure of information to any of the following: (a) A federal, state, or local governmental entity that is authorized to collect a tax. (b) A federal, state, or local law enforcement agency. (c) A court. (4) A document provided by a tax preparer or entity under sub. (2) (a) shall remain valid for one year from the date on which it is signed by a client or until the client revokes consent to the disclosure of information obtained in the course of preparing the client’s tax return, whichever occurs first. (5) A tax preparer or entity shall retain a copy of the document provided to a client under sub. (2) (a) for as long as the tax preparer or entity retains the client’s tax records for the tax year for which the client has consented to disclosure under sub. (2). (6) (a) Any person suffering pecuniary loss because of a violation of this section may commence an action to recover the pecuniary loss. 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, notwithstanding s. 814.04 (1). (b) The department may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of this section. Before entry of final judgment, the court may make any necessary orders to restore to a person any pecuniary loss suffered by the person because of the violation. (c) The department or a 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 this section. History: 2007 a. 176 s. 1; 2009 a. 180 s. 98; Stats. 2009 s. 100.57.
100.60 State renewable fuels goal. (1) DEFINITIONS. In this section: (a) “Biodiesel” means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats and that meets all of the applicable requirements of ASTM International. (b) “Diesel-replacement renewable fuel” means any of the following: 1. Biodiesel. 2. Any other fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, that meets all of the applicable requirements of ASTM International for that fuel, and that the department designates as a diesel-replacement renewable fuel under sub. (7) (a). (c) “Gasoline-replacement renewable fuel” means any of the following: 1. Ethanol. 2. Any other fuel that can substitute for gasoline, that is derived from a renewable resource, that meets all of the applicable requirements of ASTM International for that fuel, and that the department designates as a gasoline-replacement renewable fuel under sub. (7) (b). (d) “Motor vehicle fuel” means any substance used to fuel motor vehicles used for transportation on public roadways. (e) “Renewable fuel” means a gasoline-replacement renewable fuel or a diesel-replacement renewable fuel. (2) GOALS. (a) Definitions. In this subsection: 1. “Federal advanced biofuel volume” means the volume for the year listed in 42 USC 7545 (o) (2) (B) (i) (II) or determined by the federal environmental protection agency under 42 USC 7545 (o) (2) (B) (ii) for advanced biofuel, except as provided under par. (d).
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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2. “Federal biomass-based diesel volume” means the volume for the year listed in 42 USC 7545 (o) (2) (b) (i) (IV) or determined by the federal environmental protection agency under 42 USC 7545 (o) (2) (B) (ii) for biomass-based diesel, except as provided under par. (d). 3. “Federal cellulosic biofuel volume” means the volume for the year listed in 42 USC 7545 (o) (2) (B) (i) (III) or determined by the federal environmental protection agency under 42 USC 7545 (o) (2) (B) (ii) for cellulosic biofuel, except as provided under par. (d). 4. “Federal diesel-replacement renewable fuel percentage” means the number calculated as follows: a. Subtract the sum of the federal cellulosic biofuel volume and the federal biomass-based diesel volume from the federal advanced biofuel volume. b. Subtract the amount determined under subd. 4. a. from the federal renewable fuel volume. c. Divide the federal biomass-based diesel volume by the amount determined under subd. 4. b. 5. “Federal diesel-replacement renewable fuel volume” means the volume calculated as follows: a. Subtract the sum of the federal cellulosic biofuel volume and the federal biomass-based diesel volume from the federal advanced biofuel volume. b. Multiply the federal diesel-replacement renewable fuel percentage by the amount determined under subd. 5. a. c. Add the federal biomass-based diesel volume to the amount determined under subd. 5. b. 6. “Federal gasoline-replacement renewable fuel volume” means the volume calculated by subtracting the federal diesel-replacement renewable fuel volume from the federal renewable fuel volume. 7. “Federal renewable fuel volume” means the volume for the year listed in 42 USC 7545 (o) (2) (B) (i) (I) or determined by the federal environmental protection agency under 42 USC 7545 (o) (2) (B) (ii) for renewable fuel, except as provided under par. (d). 8. “State percentage of motor vehicle fuel sold nationally” for a year means the number calculated as follows: a. For each of the 3 years that preceded the year, divide the total volume of motor vehicle fuel sold in this state by the total volume of motor vehicle fuel sold nationally. If complete information for the most recent year is unavailable, the department may estimate sales for that year. b. Add the quotients calculated in subd. 8. a. and divide by 3. 9. “Year” means the year for which the gasoline-replacement renewable fuel goal or diesel-replacement renewable fuel goal is being determined. (b) Gasoline-replacement renewable fuels sales volume. The state goal for the minimum annual volume of gasoline-replacement renewable fuels sold in motor vehicle fuel in the state for a year is an amount calculated as follows: 1. Multiply the federal gasoline-replacement renewable fuel volume for the year by 1.1. 2. Multiply the amount determined under subd. 1. by the state percentage of motor vehicle fuel sold nationally for the year. (c) Diesel-replacement renewable fuels sales volume. The state goal for the minimum annual volume of diesel-replacement renewable fuels sold in motor vehicle fuel in the state for a year is an amount calculated as follows: 1. Multiply the federal diesel-replacement renewable fuel volume for the year by 1.1.
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2. Multiply the amount determined under subd. 1. by the state percentage of motor vehicle fuel sold nationally for the year. (d) Federal volume adjustments. 1. The department shall adjust a volume specified in par. (a) 1., 2., 3., or 7., in accordance with any waiver to the volume granted by the federal environmental protection agency under 42 USC 7545 (o) (7). 2. The department shall adjust a volume specified in par. (a) 1., 2., 3., or 7., by rule if the department determines that the regulations of the federal environmental protection agency adopted under 42 USC 7545 (o), other than 42 USC 7545 (o) (7), result in the actual volume of one of these types of fuel that is required to be sold under 42 USC 7545 (o) differing from the corresponding volume specified under par. (a) 1., 2., 3., or 7. (3) ANNUAL SALES DETERMINATION. (a) Annually, beginning in 2011, the department, in cooperation with and with assistance from the department of revenue, shall determine whether the annual goals for sales of renewable fuels in sub. (2) (b) and (c), for the previous year, were met in the state in that year. (b) The department may not include sales of gasoline-replacement renewable fuel or diesel-replacement renewable fuel in making the determination under par. (a) unless the fuel meets or exceeds applicable requirements for greenhouse gas emissions reduction under 42 USC 7545 (o) (1) (B) (i), (D), (E) or (2) (A) (i) or under 42 USC 7545 (o) (4). (4) ASSESSMENT. (a) Except as provided in par. (b), if the department determines under sub. (3) (a) that an annual goal for sales of renewable fuels in sub. (2) (b) or (c), was not met, the department shall assess the cause and report its findings to the governor and, under s. 13.172 (3), to the standing committees of the legislature that oversee issues related to renewable fuel. The department shall include all of the following in the assessment: 1. A determination of whether renewable fuels are available in sufficient quantities and at prices comparable to the type of fuel that they replace, and if so, whether fluctuations in demand for renewable fuels are a cause of sales below the goal. 2. A determination of whether state or federal laws prevent or impede the sale of the renewable fuels in volumes that meet the goals in sub. (2). 3. An assessment of the motor vehicle fuel production, distribution, and marketing systems in this state to determine how practices could be changed to increase the volume of renewable fuel sold in this state. 4. A determination of whether requirements for renewable fuel sales by individual refiners, wholesalers, suppliers, distributors, retailers, or any other persons involved in the production, distribution, or marketing of motor vehicle fuel, would likely result in sales of volumes of renewable fuels that meet the goals in sub. (2). (b) If the department determines under sub. (3) (a) that an annual goal for sales of gasoline-replacement renewable fuels or diesel-replacement renewable fuels in sub. (2) (b) or (c), was not met in a year, the department has conducted an assessment under par. (a) for a previous year for the same category of renewable fuels, and the department determines that another assessment for the same category of renewable fuels will not further the purposes of this section, an assessment and report to the governor and the legislature under par. (a) are not required. (6) REPORTING. (a) The department shall consult with the department of revenue to determine if information necessary to make a determination under sub. (3) (a) or an assessment under sub. (4) is being collected by the department of revenue under laws in effect on June 2, 2010. If the information is not being collected, the department may request the department of revenue to collect the information if collection by the department of revenue is more cost-effective for state government and less burdensome
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for the persons subject to the reporting requirements than collection of the information by the department. (b) The department may require refiners, wholesalers, suppliers, distributors, retailers, or any other person involved in the production, distribution, or marketing of motor vehicle fuel to report information necessary to make a determination under sub. (3) (a) or an assessment under sub. (4). (c) If the department requires the reporting of information under par. (b), the department shall require the reporting of information relating to the feedstocks used to produce a renewable fuel sold in this state unless the department determines that this information is not reasonably available. (d) The department of revenue may collect information requested by the department under par. (a) in the reports under s. 78.12 (1) to (3). (7) RULES. (a) The department may promulgate a rule designating a fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, and that meets all of the applicable requirements of ASTM International for that fuel as a diesel-replacement renewable fuel for the purposes of this section. (b) The department may promulgate a rule designating a fuel that can substitute for gasoline, that is derived from a renewable resource, and that meets all of the applicable requirements of the ASTM International for that fuel as a gasoline-replacement renewable fuel for the purposes of this section. (8) PENALTIES. (b) Any person who fails to provide to the department information required under sub. (6) (b) shall forfeit not more than $1,000 for each violation. (c) Each violation of a requirement to provide information under sub. (6) (b) constitutes a separate offense, and each day of continued violation is a separate offense. (d) 1. In lieu of any other penalty under this subsection, the department may directly assess a forfeiture by issuing an order against any person who violates a requirement to provide information under sub. (6) (b). The department may not assess a forfeiture exceeding $5,000 for each violation. 2. The department shall promulgate rules specifying the procedures governing the assessment of forfeitures under this paragraph including all of the following: a. The procedure for issuing an order for an alleged violation. b. The amount of a forfeiture that the department may assess for an alleged violation, subject to the limit in subd. 1. and the considerations in par. (e). c. The procedure for contesting an order issued for an alleged violation. d. The procedure for contesting the assessment of a forfeiture for an alleged violation. 3. The department shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund. 4. All forfeitures that are not paid as required under this paragraph shall accrue interest at the rate of 12 percent per year. 5. The attorney general may bring an action in the name of the state to collect any forfeiture imposed, or interest accrued, under this paragraph if the forfeiture or interest has not been paid after the exhaustion of all administrative and judicial reviews. (e) A court imposing a forfeiture under par. (b) or the department imposing a forfeiture under par. (d) shall consider all of the following in determining the amount of the forfeiture: 1. The appropriateness of the amount of the forfeiture considering the volume of business of the person subject to the forfeiture. 2. The gravity of the violation.
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3. Any good faith attempt to achieve compliance after the person receives notice of the violation. History: 2009 a. 401; 2011 a. 32; 2015 a. 55, 186.
100.65 Residential contractors. (1) In this section: (a) “Consumer” means an owner or possessor of residential real estate. (b) “Dwelling unit” means a structure or that part of a structure that is used or intended to be used for human habitation. (c) “Promise to pay or rebate” includes granting any allowance or offering any discount against fees to be charged or paying a consumer any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or any other item of monetary value. (d) “Residential contractor” means a person who enters into a written or oral contract with a consumer to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate. (e) “Residential real estate” means residential property containing a one-family or 2-family dwelling. (f) “Roof system” includes roof coverings, roof sheathing, roof weatherproofing, and insulation. (2) No residential contractor may, including in any advertisement, promise to pay or rebate all or any portion of a property insurance deductible as an incentive to a consumer entering into a written or oral contract with the residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate. (3) Before entering into a written contract with a consumer to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate, a residential contractor shall do all of the following: (a) Furnish the consumer with a statement in boldface type of a minimum size of 10 point in substantially the following form: Please indicate whether, to the best of your knowledge, the work contemplated by this contract is related to a claim under a property insurance policy: .... YES, to the best of my knowledge, the work contemplated by this contract is related to a claim under a property insurance policy. .... NO, to the best of my knowledge, the work contemplated by this contract is not related to a claim under a property insurance policy. Date .... Customer’s signature .... Residential contractor’s signature .... You may cancel this contract at any time before midnight on the third business day after you have received written notice from your insurer that the claim has been denied in whole or in part under the property insurance policy. See the attached notice of cancellation form for an explanation of this right. (b) Furnish the consumer a completed form in duplicate that is attached to the contract, is easily detachable, and contains, in boldface type of a minimum size of 10 point, the following statement: NOTICE OF CANCELLATION If you are notified by your insurer that the claim under the property insurance policy has been denied in whole or in part, you may cancel the contract by personal delivery or by mailing by 1st class mail a signed and dated copy of this cancellation notice or other written notice to (name of contractor) at (contractor’s business address) at any time before midnight on the third business day after you have received the notice from your insurer. If you cancel the contract, any payments made by you under the
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MARKETING; TRADE PRACTICES
contract, except for certain emergency work already performed by the contractor, will be returned to you within 10 days following receipt by the contractor of your cancellation notice. I CANCEL THIS CONTRACT Date .... Customer’s signature .... (4) Before a consumer enters into a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate, the consumer shall indicate to the residential contractor whether, to the best of the consumer’s knowledge, the work contemplated by the contract is related to a claim under a property insurance policy. If the consumer makes the indication on the statement provided by the residential contractor under sub. (3) (a), the residential contractor shall retain the statement and provide the consumer with a copy of the statement. (5) A consumer who enters into a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate all or part of which is to be paid under a property insurance policy may cancel that contract prior to the end of the 3rd business day after the insured receives written notice from the insurer that the claim under the property insurance policy is denied in whole or in part. The consumer shall give the residential contractor written notice of cancellation by personal delivery of the notice or by 1st class mail to the residential contractor’s address stated in the contract. If the notice is given by mail, the notice shall be postmarked before midnight of the 3rd business day after the insured receives written notice from the insurer of the denial of the claim. The notice shall be sufficient if the consumer uses the notice of cancellation form in sub. (3) (b) or provides other written notice that indicates the consumer’s intent not to be bound by the contract. (6) Within 10 days after a residential contractor receives a cancellation notice under sub. (5), the residential contractor shall return to the consumer any payments made, any deposits made, and any note or other evidence of indebtedness related to the contract. However, if the residential contractor has performed any emergency services, acknowledged by the consumer in writing to be necessary to prevent damage to the residential real estate, the residential contractor shall be entitled to the reasonable value of those services. (7) Any provision in a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate that requires the payment of any fee for anything except emergency services under sub. (6) is not enforceable against the consumer who has cancelled the contract under sub. (5). (8) No residential contractor may represent or offer or advertise to represent a consumer or negotiate or offer or advertise to negotiate on behalf of a consumer with respect to any insurance claim related to the repair or replacement of a roof system or to the exterior repair, replacement, construction, or reconstruction of residential real estate. This subsection does not prohibit a residential contractor, with the express consent of an insured, from doing any of the following: (a) Discussing damage to the insured’s property with the insured or an insurance company’s representative. (b) Providing the insured an estimate for repair, replacement, construction, or reconstruction of the insured’s property, submitting the estimate to the insured’s insurance company, and discussing options for the repair, replacement, construction, or re-
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construction with the insured or an insurance company’s representative. (9) Any person who violates this section shall forfeit not less than $500 nor more than $1,000 for each violation. History: 2013 a. 24, 150.
100.70 Environmental, occupational health, and safety credentials. (1) PROHIBITIONS. (a) Certified dangerous goods professional. No person may use the title “Certified Dangerous Goods Professional,” the initials “C.D.G.P.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified dangerous goods professional unless the person is designated as a certified dangerous goods professional by the Institute of Hazardous Materials Management and that designation has not expired or been revoked. (b) Certified hazardous materials manager. No person may use the title “Certified Hazardous Materials Manager,” the initials “C.H.M.M.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified hazardous materials manager unless the person is designated as a certified hazardous materials manager by the Institute of Hazardous Materials Management and that designation has not expired or been revoked. (c) Certified hazardous materials practitioner. No person may use the title “Certified Hazardous Materials Practitioner,” the initials “C.H.M.P.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified hazardous materials practitioner unless the person is designated as a certified hazardous materials practitioner by the Institute of Hazardous Materials Management and that designation has not expired or been revoked. (d) Certified health physicist. No person may use the title “Certified Health Physicist,” the initials “C.H.P.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified health physicist unless the person is designated as a certified health physicist by the American Board of Health Physics and that designation has not expired or been revoked. (e) Certified industrial hygienist. No person may use the title “Certified Industrial Hygienist,” the initials “C.I.H.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified industrial hygienist unless the person is designated as a certified industrial hygienist by the American Board of Industrial Hygiene and that designation has not expired or been revoked. (f) Certified safety professional. No person may use the title “Certified Safety Professional,” the initials “C.S.P.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified safety professional unless the person is designated as a certified safety professional by the Board of Certified Safety Professionals and that designation has not expired or been revoked. (g) Registered radiation protection technologist. No person may use the title “Registered Radiation Protection Technologist,” the initials “R.R.P.T.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a registered radiation protection technologist unless the person is designated as a registered radiation protection technologist by the National Registry of Radiation Protection Technologists and that designation has not expired or been revoked. (h) Commercial representation. No business entity may identify, advertise, or represent, by any means, that the services provided by the business entity are furnished by a certified or registered professional described under pars. (a) to (g) unless those services are provided by, or are provided under the direct supervi-
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sion of, a person who is permitted to use that title under pars. (a) to (g). (i) Certification mark. No person may mislead or deceive a person by the unauthorized use of a certification mark awarded by the U.S. patent and trademark office that includes a title described in pars. (a) to (g). (j) Exception. Paragraphs (a) to (g) do not apply to an apprentice or student who is acting under the supervision of a person who is permitted to use a title under pars. (a) to (g). (2) PENALTY. A person who violates sub. (1) is guilty of a misdemeanor and shall be fined not more than $1,000. History: 2017 a. 73.
100.75 Third-party food delivery services. (1) DEFINITIONS. In this section: (a) “Consent” means a mutual acknowledgement obtained electronically or in writing between a person having authority to act on behalf of a restaurant and a 3rd-party food delivery service. (b) “Digital network” means a website or online-enabled application, software, or system that allows a consumer to view and search the menus of restaurants and purchase food from restaurants for delivery. (c) “Restaurant” has the meaning given in s. 125.02 (18). (d) “Third-party food delivery service” means a person who operates a digital network and delivers food purchased through the digital network to consumers. (2) LISTING; REMOVAL. (a) A 3rd-party food delivery service shall provide a publicly accessible process for a restaurant to request the removal of the restaurant from the digital network of the 3rd-party food delivery service. (b) If a restaurant requests to be removed from the digital network of a 3rd-party food delivery service, all of the following apply: 1. The 3rd-party food delivery service shall provide to the restaurant a dated receipt of the request.
MARKETING; TRADE PRACTICES
100.75
2. The 3rd-party food delivery service shall remove the restaurant from its digital network within 3 business days of receiving the request. 3. The 3rd-party food delivery service may not list the restaurant on its digital network, offer the restaurant’s food for delivery, or use the restaurant’s name, address, logo, or menu without consent. (c) A 3rd-party food delivery service may not solicit requests from consumers for a restaurant to be added to the digital network of the 3rd-party food delivery service. (3) DELIVERY REQUIREMENTS. A 3rd-party food delivery service shall ensure that individuals delivering food for the 3rd-party food delivery service have knowledge of basic food safety principles, including personal hygiene and avoiding cross contamination. (4) SHARING OF DATA. A 3rd-party food delivery service shall provide to an owner or operator of a restaurant listed on its digital network information that identifies all of the following related to orders placed with the 3rd-party food delivery service involving the restaurant: (a) The contents of orders. (b) The times that orders are placed. (5) PENALTIES. If a 3rd-party food delivery service violates sub. (2) (b), the department may commence an action against the 3rd-party food delivery service in the name of the state to recover one of the following penalties: (a) For a first violation involving a particular restaurant, a civil forfeiture of $1,000. (b) For a 2nd violation involving a particular restaurant, a civil forfeiture of $5,000. (c) For a 3rd or subsequent violation involving a particular restaurant, a civil forfeiture of $10,000. History: 2023 a. 75.
May 22, 2026, are designated by NOTES. (Published 5-22-26)