134.73 Identification of prisoner making telephone solicitation. (1) DEFINITIONS. In this section: (a) “Contribution” has the meaning given in s. 202.11 (5). (b) “Prisoner” means a prisoner of any public or private correctional or detention facility that is located within or outside this state. (c) “Solicit” has the meaning given in s. 202.11 (8). (d) “Telephone solicitation” means the unsolicited initiation of a telephone conversation for any of the following purposes:
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1. To encourage a person to purchase property, goods, or services. 2. To solicit a contribution from a person. 3. To conduct an opinion poll or survey. (2) REQUIREMENTS. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone: (a) Identify himself or herself by name. (b) State that he or she is a prisoner. (c) Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located. (3) TERRITORIAL APPLICATION. (a) Intrastate. This section applies to any intrastate telephone solicitation. (b) Interstate. This section applies to any interstate telephone solicitation received by a person in this state. (4) PENALTIES. (a) A prisoner who violates this section may be required to forfeit not more than $500. (b) If a person who employs a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under s. 134.99, the person may be required to forfeit not more than $10,000. History: 2001 a. 16; 2013 a. 20.
134.74 Nondisclosure of information on receipts. (1) In this section: (a) “Credit card” has the meaning given in s. 421.301 (15). (b) “Debit card” means a plastic card or similar device that may be used to purchase goods or services by providing the purchaser with direct access to the purchaser’s account at a depository institution. (c) “Depository institution” means a bank, savings bank, savings and loan association, or credit union. (2) Beginning on August 1, 2005, no person who is in the business of selling goods at retail or selling services and who accepts a credit card or a debit card for the purchase of goods or services may issue a credit card or debit card receipt, for that purchase, on which is printed more than 5 digits of the credit card or debit card number. (3) This section does not apply to any person who issues a credit card or debit card receipt that is handwritten or that is manually prepared by making an imprint of the credit card or debit card. History: 2001 a. 109.
134.77 Beverage container regulation. (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. (b) “Beverage container” means an individual, separate, sealed plastic or metal container for a beverage. (2) SELF-OPENING METAL BEVERAGE CONTAINERS. (a) No person may sell or offer for sale at retail in this state any metal beverage container so designed and constructed that it is opened by detaching a metal ring or tab. (b) Paragraph (a) does not prohibit the sale of a beverage container which: 1. Is sealed with laminated tape, foil or other soft material that is detachable. 2. Contains milk-based, soy-based or similar products which require heat and pressure in the canning process.
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(3) PLASTIC CONNECTORS. No person may sell or offer for sale at retail in this state any beverage container if the beverage container is connected to another beverage container by means of a device constructed of a material which does not decompose by photodegradation or biodegradation within a reasonable time after exposure to weather elements. (4) PENALTY. Any person who violates sub. (2) or (3) shall forfeit not more than $500 for each violation. Each day of violation constitutes a separate offense. History: 1987 a. 108.
134.80 Home heating fuel dealers. Any dealer selling fuel of any kind for the purpose of heating a private residence shall notify each private residential customer whose account is subject to disconnection of the existence of the fuel assistance programs provided by the department of administration under s. 16.27. History: 1977 c. 418; 1981 c. 20; 1995 a. 27 s. 9126 (19); 1995 a. 417; 2003 a. 33.
134.81 Water heater thermostat settings. No person who manufactures water heaters may sell any new water heater designed for use in a dwelling unit, as defined in s. 101.61 (1), unless that person does all of the following: (1) Sets the thermostat of the water heater at no higher than 125 degrees Fahrenheit or at the minimum setting of that water heater if the minimum setting is higher than 125 degrees Fahrenheit. (2) Attaches a plainly visible notice to the water heater warning that any thermostat setting above 125 degrees Fahrenheit may cause severe burns and consume energy unnecessarily. History: 1987 a. 102.
134.85 Automated teller machines; international charges. (1) In this section: (a) “Automated teller machine” means any electronic information processing device located in this state that accepts or dispenses cash in connection with a credit, deposit, or other account. “Automated teller machine” does not include a device that is used solely to facilitate check guarantees or check authorizations, or that is used in connection with the acceptance or dispensing of cash on a person-to-person basis. (b) “Foreign account” means an account with a financial institution located outside the United States. (2) An agreement to operate or share an automated teller machine may not prohibit an owner or operator of the automated teller machine from imposing on an individual who conducts a transaction using a foreign account an access fee or surcharge that is not otherwise prohibited under federal or state law. History: 2007 a. 48.
134.87 Repair, replacement and refund under new motorized wheelchair warranties. (1) In this section: (a) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other assistive device for mobility. (b) “Consumer” means any of the following: 1. The purchaser of a motorized wheelchair, if the motorized wheelchair was purchased from a motorized wheelchair dealer or manufacturer for purposes other than resale. 2. A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motorized wheelchair. 3. A person who may enforce the warranty.
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4. A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease. (c) “Demonstrator” means a motorized wheelchair used primarily for the purpose of demonstration to the public. (d) “Early termination cost” means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under sub. (3) (b) 3. “Early termination cost” includes a penalty for prepayment under a finance arrangement. (e) “Early termination savings” means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under sub. (3) (b) 3. “Early termination savings” includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination. (f) “Manufacturer” means a person who manufactures or assembles motorized wheelchairs and agents of that person, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer’s motorized wheelchairs, but does not include a motorized wheelchair dealer. (g) “Motorized wheelchair” means any motor-driven wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state. (h) “Motorized wheelchair dealer” means a person who is in the business of selling motorized wheelchairs. (i) “Motorized wheelchair lessor” means a person who leases a motorized wheelchair to a consumer, or who holds the lessor’s rights, under a written lease. (j) “Nonconformity” means a condition or defect that substantially impairs the use, value or safety of a motorized wheelchair, and that is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the motorized wheelchair by a consumer. (k) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner: 1. The same nonconformity with the warranty is subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer’s authorized motorized wheelchair dealers at least 4 times and the nonconformity continues. 2. The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities. (2) A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express warranty for the motorized wheelchair. The duration of the express warranty shall be not less than one year after first delivery of the motorized wheelchair to the consumer. If a manufacturer fails to furnish an express warranty as required by this subsection, the motorized wheelchair shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this subsection. (3) (a) If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor
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or any of the manufacturer’s authorized motorized wheelchair dealers and makes the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired. (b) 1. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under subd. 2. or 3., whichever is appropriate. 2. At the direction of a consumer described under sub. (1) (b) 1., 2. or 3., do one of the following: a. Accept return of the motorized wheelchair and replace the motorized wheelchair with a comparable new motorized wheelchair and refund any collateral costs. b. Accept return of the motorized wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer’s motorized wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subd. 2. b., a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motorized wheelchair dealer. 3. a. With respect to a consumer described in sub. (1) (b) 4., accept return of the motorized wheelchair, refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use. b. Under this subdivision, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the motorized wheelchair dealer’s early termination costs and the value of the motorized wheelchair at the lease expiration date if the lease sets forth that value, less the motorized wheelchair lessor’s early termination savings. c. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the consumer drove the motorized wheelchair before first reporting the nonconformity to the manufacturer, motorized wheelchair lessor or motorized wheelchair dealer. (c) To receive a comparable new motorized wheelchair or a refund due under par. (b) 1. or 2., a consumer described under sub. (1) (b) 1., 2. or 3. shall offer to the manufacturer of the motorized wheelchair having the nonconformity to transfer possession of that motorized wheelchair to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new motorized wheelchair or refund. When the manufacturer provides the new motorized wheelchair or refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer. (d) 1. To receive a refund due under par. (b) 3., a consumer described under sub. (1) (b) 4. shall offer to return the motorized wheelchair having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the motorized wheelchair having the nonconformity.
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2. To receive a refund due under par. (b) 3., a motorized wheelchair lessor shall offer to transfer possession of the motorized wheelchair having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the motorized wheelchair lessor. When the manufacturer provides the refund, the motorized wheelchair lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer. 3. No person may enforce the lease against the consumer after the consumer receives a refund due under par. (b) 3. (e) No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this state under par. (b), or by a consumer or motorized wheelchair lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee. (4) This section does not limit rights or remedies available to a consumer under any other law. (5) Any waiver by a consumer of rights under this section is void. (6) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court determines is appropriate. History: 1991 a. 222.
134.90 Uniform trade secrets act. (1) DEFINITIONS. In this section: (a) “Improper means” includes espionage, theft, bribery, misrepresentation and breach or inducement of a breach of duty to maintain secrecy. (b) “Readily ascertainable” information does not include information accessible through a license agreement or by an employee under a confidentiality agreement with his or her employer. (c) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. (2) MISAPPROPRIATION. No person, including the state, may misappropriate or threaten to misappropriate a trade secret by doing any of the following: (a) Acquiring the trade secret of another by means which the person knows or has reason to know constitute improper means. (b) Disclosing or using without express or implied consent a trade secret of another if the person did any of the following: 1. Used improper means to acquire knowledge of the trade secret. 2. At the time of disclosure or use, knew or had reason to know that he or she obtained knowledge of the trade secret through any of the following means: a. Deriving it from or through a person who utilized improper means to acquire it. b. Acquiring it under circumstances giving rise to a duty to maintain its secrecy or limit its use. c. Deriving it from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.
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d. Acquiring it by accident or mistake. (3) INJUNCTIVE RELIEF. (a) 1. A court may grant an injunction against a person who violates sub. (2). Chapter 813 governs any temporary or interlocutory injunction or ex parte restraining order in an action under this section, except that no court may issue such an injunction or restraining order unless the complainant makes an application which includes a description of each alleged trade secret in sufficient detail to inform the party to be enjoined or restrained of the nature of the complaint against that party or, if the court so orders, includes written disclosure of the trade secret. The complainant shall serve this application upon the party to be enjoined or restrained at the time the motion for the injunction is made or the restraining order is served, whichever is earlier. 2. Except as provided in subd. 3., upon application to the court, the court shall terminate an injunction when a trade secret ceases to exist. 3. The court may continue an injunction for a reasonable period of time to eliminate commercial advantage which the person who violated sub. (2) otherwise would derive from the violation. (b) In exceptional circumstances, an injunction granted under par. (a) may condition future use of a trade secret by the person who violated sub. (2) upon payment of a reasonable royalty by that person to the owner of the trade secret for no longer than the period of time for which the court may enjoin or restrain the use of the trade secret under par. (a). Exceptional circumstances include a material and prejudicial change of position, prior to acquiring knowledge or reason to know of a violation of sub. (2), that renders an injunction inequitable. (c) In appropriate circumstances, the court may order affirmative acts to protect a trade secret. (4) DAMAGES. (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of a violation of sub. (2) renders a monetary recovery inequitable, a court may award damages to the complainant for a violation of sub. (2). A court may award damages in addition to, or in lieu of, injunctive relief under sub. (3). Damages may include both the actual loss caused by the violation and unjust enrichment caused by the violation that is not taken into account in computing actual loss. Damages may be measured exclusively by the imposition of liability for a reasonable royalty for a violation of sub. (2) if the complainant cannot by any other method of measurement prove an amount of damages which exceeds the reasonable royalty. (b) If a violation of sub. (2) is willful and malicious, the court may award punitive damages in an amount not exceeding twice any award under par. (a). (c) If a claim that sub. (2) has been violated is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or a violation of sub. (2) is willful and deliberate, the court may award reasonable attorney fees to the prevailing party. (5) PRESERVATION OF SECRECY. In an action under this section, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting a protective order in a discovery proceeding, holding an in-camera hearing, sealing the record of the action and ordering any person involved in the action not to disclose an alleged trade secret without prior court approval. (6) EFFECT ON OTHER LAWS. (a) Except as provided in par. (b), this section displaces conflicting tort law, restitutionary law and any other law of this state providing a civil remedy for misappropriation of a trade secret. (b) This section does not affect any of the following: 1. Any contractual remedy, whether or not based upon misappropriation of a trade secret.
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2. Any civil remedy not based upon misappropriation of a trade secret. 3. Any criminal remedy, whether or not based upon misappropriation of a trade secret. (7) UNIFORMITY OF APPLICATION AND CONSTRUCTION. This section shall be applied and construed to make uniform the law relating to misappropriation of trade secrets among states enacting substantially identical laws. History: 1985 a. 236. NOTE: 1985 Wis. Act 236, which created this section, contains extensive notes describing this section and other sections affected by Act 236. Some factors to be considered in determining whether given information is one’s trade secret are: 1) the extent to which the information is known outside of the person’s business; 2) the extent to which it is known by employees and others involved in the person’s business; 3) the extent of measures taken by the person to guard the secrecy of the information; 4) the value of the information to the person and to the person’s competitors; 5) the amount of effort or money expended by the person in developing the information; and 6) the ease or difficulty with which the information could be properly acquired or duplicated by others. Minuteman, Inc. v. Alexander, 147 Wis. 2d 842, 434 N.W.2d 773 (1989). A party asserting a trade secret need not spell out details that would destroy what the party seeks to protect, but the party must include with some specificity the nature of the trade secret that is more than a generalized allegation that there is a trade secret. ECT International, Inc. v. Zwerlein, 228 Wis. 2d 343, 597 N.W.2d 479 (Ct. App. 1999), 98-2041. By limiting the period in which an employee agrees not to divulge trade secrets, an employer manifests its intent that there is no need to maintain the secrecy after the specified period. ECT International, Inc. v. Zwerlein, 228 Wis. 2d 343, 597 N.W.2d 479 (Ct. App. 1999), 98-2041. Under sub. (4), “actual loss caused by the violation” may include losses that result when a misappropriator uses a trade secret unsuccessfully and produces and sells a defective product that causes the plaintiff’s business to suffer. World Wide Prosthetic Supply, Inc. v. Mikulsky, 2002 WI 26, 251 Wis. 2d 45, 640 N.W.2d 764, 001751. Sub. (6) (a) and (b) 2. together do the following: 1) replace all pre-existing definitions of trade secret and remedies for tort claims dependent solely on the existence of a specific class of information statutorily defined as trade secrets; and 2) leave available all other types of civil actions that do not depend on information that meets the statutory definition of a trade secret. Therefore, any civil tort claim not grounded in a trade secret, as defined in the statute, remains available. Burbank Grease Services, LLC v. Sokolowski, 2006 WI 103, 294 Wis. 2d 274, 717 N.W.2d 781, 04-0468. Although a court may grant injunctive relief against a person who misappropriated a trade secret, the injunction should only be for a period reasonable to eliminate commercial advantage that the person who misappropriated the secret would otherwise derive from the violation. Once the defendant would have discovered the trade secret without the misappropriation, any lost profits from that time forward are not caused by the defendant’s wrongful act. Minnesota Mining & Manufacturing Co. v. Pribyl, 259 F.3d 587 (2001). Nondisclosure agreements under sub. (6) between suppliers and users of intellectual property are not subject to rules that govern noncompete agreements between employers and employees. A much greater scope of restraint is allowed in contracts between vendors and vendees than between employers and employees. IDX Systems Corp. v. Epic Systems Corp., 285 F.3d 581 (2002). An independent contractor presumptively owns his or her work product. In the absence of an agreement, non-exclusivity is the norm. The law of trade secrets follows the same approach to ownership. Wisconsin does not require an express, written contract of confidentiality. An independent contractor does not acquire any rights in his or client’s trade-secret data just because he or she used those data in the performance of his or her duties. Breach of an implicit promise to hold information for the client’s sole benefit in turn violates sub. (2) (a). Hicklin Engineering, L.C. v. Bartell, 439 F.3d 346 (2006). Because the recovery of unjust enrichment damages is grounded in equitable principles, Wisconsin law limits the measure of unjust enrichment damages to the value of the benefit conferred upon the defendant. Calculating the benefit conferred on a defendant to determine unjust enrichment damages is a context-specific analysis. Under Wisconsin law, a jury can award avoided research and development costs based on the defendant gaining a significant head start in its operation. Epic Systems Corp. v. Tata Consultancy Services Ltd., 980 F.3d 1117 (2020). This section does not require absolute secrecy, but one who claims a trade secret must exercise eternal vigilance in protecting its confidentiality. In determining whether companies have fulfilled this requirement, Wisconsin courts consider whether the company negotiated confidentiality agreements, kept documents locked up, limited access to information, restricted building access, denoted documents as confidential, informed individuals that information was confidential, and allowed individuals to keep information after the business relationship had ended. Starsurgical Inc. v. Aperta, LLC, 40 F. Supp. 3d 1069 (2014). It is perfectly lawful to “steal” a firm’s trade secret by reverse engineering. In this case, the plaintiff failed to rebut the defendants’ contention that the plaintiff’s designs may be reverse engineered, so the plaintiff did not meet its burden of showing its product designs were trade secrets. Kuryakyn Holdings, LLC v. Ciro, LLC, 242 F. Supp. 3d 789 (2017). Bare bones listings of customer information, such as names, addresses, phone numbers, and contact persons, have been routinely rejected by the Wisconsin courts as constituting a trade secret. Indeed, when the names, addresses, and contact persons of a company’s customers are readily ascertainable by proper means, a customer list is not a trade secret. Additionally, an agent is permitted to use general information concerning the names of customers retained in the agent’s memory, if not
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acquired in violation of his duty as an agent. Charles Schwab & Co. v. Lagrant, 483 F. Supp. 3d 625 (2020). Revisions to the law of trade secrets. Whitesel & Sklansky. WBB Aug. 1986.
134.91 Sale of dextromethorphan to a minor without prescription prohibited. (1) DEFINITIONS. In this section: (a) “Drug” has the meaning given in s. 450.01 (10). (b) “Prescription order” has the meaning given in s. 450.01 (21). (2) PROHIBITIONS. (a) No person may sell at retail a drug containing dextromethorphan to a person who is under 18 years of age, unless the sale is pursuant to a prescription order. (b) No person may sell at retail a drug containing dextromethorphan unless the person making the sale receives from the purchaser, at the time of purchase, a form of identification from which the age of the purchaser can be determined, or unless based upon the outward appearance of the purchaser the person making the sale reasonably presumes that the purchaser is 25 years of age or older. (c) A person who is under 18 years of age may not purchase a drug containing dextromethorphan unless pursuant to a prescription order. (3) PENALTIES. (a) A person who violates sub. (2) (a) or (b) is subject to a civil forfeiture of not more than $250 for each violation. (b) A person who violates sub. (2) (c) is subject to a civil forfeiture of $50 for each violation. History: 2017 a. 160; 2021 a. 238 s. 45.
134.93 Payment of commissions to independent sales representatives. (1) DEFINITIONS. In this section: (a) “Commission” means compensation accruing to an independent sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales made by the independent sales representative or as a percentage of the dollar amount of profits generated by the independent sales representative. (b) “Independent sales representative” means a person, other than an insurance agent or broker, who contracts with a principal to solicit wholesale orders and who is compensated, in whole or in part, by commission. “Independent sales representative” does not include any of the following: 1. A person who places orders or purchases products for the person’s own account for resale. 2. A person who is an employee of the principal and whose wages must be paid as required under s. 109.03. (c) “Principal” means a sole proprietorship, partnership, joint venture, corporation or other business entity, whether or not having a permanent or fixed place of business in this state, that does all of the following: 1. Manufactures, produces, imports or distributes a product for wholesale. 2. Contracts with an independent sales representative to solicit orders for the product. 3. Compensates the independent sales representative, in whole or in part, by commission. (2) COMMISSIONS; WHEN DUE. (a) Subject to pars. (b) and (c), a commission becomes due as provided in the contract between the principal and the independent sales representative. (b) If there is no written contract between the principal and the independent sales representative, or if the written contract does not provide for when a commission becomes due, or if the written contract is ambiguous or unclear as to when a commission becomes due, a commission becomes due according to the
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past practice used by the principal and the independent sales representative. (c) If it cannot be determined under par. (a) or (b) when a commission becomes due, a commission becomes due according to the custom and usage prevalent in this state for the particular industry of the principal and independent sales representative. (3) NOTICE OF TERMINATION OR CHANGE IN CONTRACT. Unless otherwise provided in a written contract between a principal and an independent sales representative, a principal shall provide an independent sales representative with at least 90 days’ prior written notice of any termination, cancellation, nonrenewal or substantial change in the competitive circumstances of the contract between the principal and the independent sales representative. (4) COMMISSIONS DUE; PAYMENT ON TERMINATION OF CONTRACT. A principal shall pay an independent sales representative all commissions that are due to the independent sales representative at the time of termination, cancellation or nonrenewal of the contract between the principal and the independent sales representative as required under sub. (2). (5) CIVIL LIABILITY. Any principal that violates sub. (2) by failing to pay a commission due to an independent sales representative as required under sub. (2) is liable to the independent sales representative for the amount of the commission due and for exemplary damages of not more than 200 percent of the amount of the commissions due. In addition, the principal shall pay to the independent sales representative, notwithstanding the limitations specified in s. 799.25 or 814.04, all actual costs, including reasonable actual attorney fees, incurred by the independent sales representative in bringing an action, obtaining a judgment and collecting on a judgment under this subsection. History: 1997 a. 71. “Person” in this section is subject to the definition in s. 990.01 (26), which includes not only natural persons, but also partnerships, associations, and bodies corporate and politic. Industry to Industry, Inc. v. Hillsman Modular Molding, Inc., 2002 WI 51, 252 Wis. 2d 544, 644 N.W.2d 236, 00-2180.
134.95 Violations against elderly or disabled persons. (1) DEFINITIONS. In this section: (a) “Disabled person” means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one major life activity. (b) “Elderly person” means a person who is at least 62 years of age. (c) “Major life activity” means self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed. (2) SUPPLEMENTAL FORFEITURE. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b), or (c) is present. (3) PRIORITY FOR RESTITUTION. If the court orders restitution under s. 100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7), 100.177 (15) or 134.87 (6) for a pecuniary or monetary loss suffered by a person, the court shall require that the restitution be paid by the defendant before the defendant pays any forfeiture imposed under this section. History: 1995 a. 382; 1997 a. 111; 2001 a. 16.
134.96 Use of lodging establishments. section:
(1) In this
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(a) “Alcohol beverages” has the meaning given in s. 125.02 (1). (b) “Controlled substance” has the meaning given in s. 961.01 (4). (bd) “Controlled substance analog” has the meaning given in s. 961.01 (4m). (c) “Lodging establishment” has the meaning given in s. 106.52 (1) (d). (d) “Underage person” has the meaning given in s. 125.02 (20m). (2) Any person who procures lodging in a lodging establishment and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment is subject to the penalties provided in sub. (5): (a) Consumption of an alcohol beverage by any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. (b) Illegal use of a controlled substance or controlled substance analog. (3) An owner or employee of a lodging establishment may deny lodging to an adult if the owner or employee reasonably believes that consumption of an alcohol beverage by an underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or illegal use of a controlled substance or controlled substance analog, may occur in the area of the lodging establishment procured. (4) An owner or employee of a lodging establishment may require a cash deposit or use of a credit card at the time of application for lodging. (5) A person who violates sub. (2) or a local ordinance which strictly conforms to sub. (2) shall forfeit: (a) Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or (b) Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation. History: 1989 a. 94; 1991 a. 295; 1995 a. 27, 448; 1999 a. 82; 2005 a. 155 s. 41; Stats. 2005 s. 134.96.
134.97 Disposal of records containing personal information. (1) DEFINITIONS. In this section: (a) “Credit card” has the meaning given in s. 421.301 (15). (am) “Dispose” does not include a sale of a record or the transfer of a record for value. (b) “Financial institution” means any bank, savings bank, savings and loan association or credit union that is authorized to do business under state or federal laws relating to financial institutions, any issuer of a credit card or any investment company. (c) “Investment company” has the meaning given in s. 180.0103 (11e). (d) “Medical business” means any organization or enterprise operated for profit or not for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association, that possesses information, other than personnel records, relating to a person’s physical or mental health, medical history or medical treatment. (e) “Personal information” means any of the following: 1. Personally identifiable data about an individual’s medical condition, if the data are not generally considered to be public knowledge. 2. Personally identifiable data that contain an individual’s account or customer number, account balance, balance owing, credit balance or credit limit, if the data relate to an individual’s account or transaction with a financial institution.
134.97
3. Personally identifiable data provided by an individual to a financial institution upon opening an account or applying for a loan or credit. 4. Personally identifiable data about an individual’s federal, state or local tax returns. (f) “Personally identifiable” means capable of being associated with a particular individual through one or more identifiers or other information or circumstances. (g) “Record” means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. (h) “Tax preparation business” means any organization or enterprise operated for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association, that for a fee prepares an individual’s federal, state or local tax returns or counsels an individual regarding the individual’s federal, state or local tax returns. (2) DISPOSAL OF RECORDS CONTAINING PERSONAL INFORMATION. A financial institution, medical business or tax preparation business may not dispose of a record containing personal information unless the financial institution, medical business, tax preparation business or other person under contract with the financial institution, medical business or tax preparation business does any of the following: (a) Shreds the record before the disposal of the record. (b) Erases the personal information contained in the record before the disposal of the record. (c) Modifies the record to make the personal information unreadable before the disposal of the record. (d) Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the record for the period between the record’s disposal and the record’s destruction. (3) CIVIL LIABILITY; DISPOSAL AND USE. (a) A financial institution, medical business or tax preparation business is liable to a person whose personal information is disposed of in violation of sub. (2) for the amount of damages resulting from the violation. (b) Any person who, for any purpose, uses personal information contained in a record that was disposed of by a financial institution, medical business or tax preparation business is liable to an individual who is the subject of the information and to the financial institution, medical business or tax preparation business that disposed of the record for the amount of damages resulting from the person’s use of the information. This paragraph does not apply to a person who uses personal information with the authorization or consent of the individual who is the subject of the information. (4) PENALTIES; DISPOSAL AND USE. (a) A financial institution, medical business or tax preparation business that violates sub. (2) may be required to forfeit not more than $1,000. Acts arising out of the same incident or occurrence shall be a single violation. (b) Any person who possesses a record that was disposed of by a financial institution, medical business or tax preparation business and who intends to use, for any purpose, personal information contained in the record may be fined not more than $1,000 or imprisoned for not more than 90 days or both. This paragraph does not apply to a person who possesses a record with the authorization or consent of the individual whose personal information is contained in the record. History: 1999 a. 9; 2005 a. 155 s. 52; Stats. 2005 s. 134.97.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
134.97
MISCELLANEOUS TRADE REGULATIONS
Legislative Watch: Disposing Medical, Financial Records. Franklin. Wis. Law. Dec. 1999.
134.98 Notice of unauthorized acquisition of personal information. (1) DEFINITIONS. In this section: (a) 1. “Entity” means a person, other than an individual, that does any of the following: a. Conducts business in this state and maintains personal information in the ordinary course of business. b. Licenses personal information in this state. c. Maintains for a resident of this state a depository account as defined in s. 815.18 (2) (e). d. Lends money to a resident of this state. 2. “Entity” includes all of the following: a. The state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. b. A city, village, town, or county. (am) “Name” means an individual’s last name combined with the individual’s first name or first initial. (b) “Personal information” means an individual’s last name and the individual’s first name or first initial, in combination with and linked to any of the following elements, if the element is not publicly available information and is not encrypted, redacted, or altered in a manner that renders the element unreadable: 1. The individual’s social security number. 2. The individual’s driver’s license number or state identification number. 3. The number of the individual’s financial account number, including a credit or debit card account number, or any security code, access code, or password that would permit access to the individual’s financial account. 4. The individual’s deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a). 5. The individual’s unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation. (c) “Publicly available information” means any information that an entity reasonably believes is one of the following: 1. Lawfully made widely available through any media. 2. Lawfully made available to the general public from federal, state, or local government records or disclosures to the general public that are required to be made by federal, state, or local law. (2) NOTICE REQUIRED. (a) If an entity whose principal place of business is located in this state or an entity that maintains or licenses personal information in this state knows that personal information in the entity’s possession has been acquired by a person whom the entity has not authorized to acquire the personal information, the entity shall make reasonable efforts to notify each subject of the personal information. The notice shall indicate that the entity knows of the unauthorized acquisition of personal information pertaining to the subject of the personal information. (b) If an entity whose principal place of business is not located in this state knows that personal information pertaining to a resident of this state has been acquired by a person whom the entity has not authorized to acquire the personal information, the entity shall make reasonable efforts to notify each resident of this state who is the subject of the personal information. The notice shall indicate that the entity knows of the unauthorized acquisition of personal information pertaining to the resident of this state who is the subject of the personal information.
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(bm) If a person, other than an individual, that stores personal information pertaining to a resident of this state, but does not own or license the personal information, knows that the personal information has been acquired by a person whom the person storing the personal information has not authorized to acquire the personal information, and the person storing the personal information has not entered into a contract with the person that owns or licenses the personal information, the person storing the personal information shall notify the person that owns or licenses the personal information of the acquisition as soon as practicable. (br) If, as the result of a single incident, an entity is required under par. (a) or (b) to notify 1,000 or more individuals that personal information pertaining to the individuals has been acquired, the entity shall without unreasonable delay notify all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in 15 USC 1681a(p), of the timing, distribution, and content of the notices sent to the individuals. (cm) Notwithstanding pars. (a), (b), (bm), and (br), an entity is not required to provide notice of the acquisition of personal information if any of the following applies: 1. The acquisition of personal information does not create a material risk of identity theft or fraud to the subject of the personal information. 2. The personal information was acquired in good faith by an employee or agent of the entity, if the personal information is used for a lawful purpose of the entity. (3) TIMING AND MANNER OF NOTICE; OTHER REQUIREMENTS. (a) Subject to sub. (5), an entity shall provide the notice required under sub. (2) within a reasonable time, not to exceed 45 days after the entity learns of the acquisition of personal information. A determination as to reasonableness under this paragraph shall include consideration of the number of notices that an entity must provide and the methods of communication available to the entity. (b) An entity shall provide the notice required under sub. (2) by mail or by a method the entity has previously employed to communicate with the subject of the personal information. If an entity cannot with reasonable diligence determine the mailing address of the subject of the personal information, and if the entity has not previously communicated with the subject of the personal information, the entity shall provide notice by a method reasonably calculated to provide actual notice to the subject of the personal information. (c) Upon written request by a person who has received a notice under sub. (2) (a) or (b), the entity that provided the notice shall identify the personal information that was acquired. (3m) REGULATED ENTITIES EXEMPT. This section does not apply to any of the following: (a) An entity that is subject to, and in compliance with, the privacy and security requirements of 15 USC 6801 to 6827, or a person that has a contractual obligation to such an entity, if the entity or person has in effect a policy concerning breaches of information security. (b) An entity that is described in 45 CFR 164.104 (a), if the entity complies with the requirements of 45 CFR part 164. (4) EFFECT ON CIVIL CLAIMS. Failure to comply with this section is not negligence or a breach of any duty, but may be evidence of negligence or a breach of a legal duty. (5) REQUEST BY LAW ENFORCEMENT NOT TO NOTIFY. A law enforcement agency may, in order to protect an investigation or homeland security, ask an entity not to provide a notice that is otherwise required under sub. (2) for any period of time and the notification process required under sub. (2) shall begin at the end of that time period. Notwithstanding subs. (2) and (3), if an en-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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Updated 23-24 Wis. Stats.
MISCELLANEOUS TRADE REGULATIONS
tity receives such a request, the entity may not provide notice of or publicize an unauthorized acquisition of personal information, except as authorized by the law enforcement agency that made the request. (6m) LOCAL ORDINANCES OR REGULATIONS PROHIBITED. No city, village, town, or county may enact or enforce an ordinance or regulation that relates to notice or disclosure of the unauthorized acquisition of personal information. (7m) EFFECT OF FEDERAL LEGISLATION. If the joint committee on administrative rules determines that the federal government has enacted legislation that imposes notice requirements substantially similar to the requirements of this section and determines that the legislation does not preempt this section, the joint committee on administrative rules shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice of its determination. This section does not apply after publication of a notice under this subsection. History: 2005 a. 138; 2007 a. 20; 2007 a. 97 s. 238.
134.99
This section does not create a private right of action. Fox v. Iowa Health System, 399 F. Supp. 3d 780 (2019).
134.99 Parties to a violation. (1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation. (2) A person is concerned in the commission of the violation if the person: (a) Directly commits the violation; (b) Aids and abets the commission of it; or (c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it. History: 1975 c. 365; 1979 c. 62; 1997 a. 111.
May 22, 2026, are designated by NOTES. (Published 5-22-26)