reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 123 - Electronic Communications Services › Subchapter II - Subscription and Billing Practices › Section ATCP 123.10 - Prohibited practices

Current through June 24, 2024
No provider may do any of the following:
(1) Offer to a consumer any prize, prize
				  opportunity, or free or reduced price goods or services whose receipt is
				  conditioned upon an agreement to purchase or lease an electronic communications
				  service unless the provider discloses that purchase or lease requirement in
				  connection with every public announcement or advertisement of the prize, prize
				  opportunity, or free or reduced price goods or services.
Note: See also s.
					 134.74,
					 Stats., and s.
					 ATCP
					 123.02.
(2) Misrepresent the provider's identity to a
				  consumer.
(3) Misrepresent that a
				  consumer has subscribed to or received an electronic communications
				  service.
(4) Misrepresent the terms
				  of a subscription.
(5) Fail to
				  identify, in each bill presented to a consumer, the service offerings for which
				  the provider is billing the consumer.
(6) Fail to honor, on a timely basis, a
				  consumer's request to cancel an electronic communications service according to
				  this chapter and the terms of the subscription for that service.
(7) Charge a consumer a fee for canceling a
				  subscription or service offering unless the fee is disclosed to the consumer
				  according to ss.
				  ATCP
				  123.02 and
				  123.04.
Note: Section
					 ATCP
					 123.04(2) limits cancellation charges
					 and disconnect fees in some cases, regardless of whether those fees are
					 disclosed.
(8) Bill a
				  consumer for an electronic communications service in violation of this
				  chapter.
(9) Propose or enter into
				  any contract with a consumer that purports to waive a consumer's rights under
				  this chapter, or that purports to authorize any violation of this
				  chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 123 - Electronic Communications Services › Subchapter II - Subscription and Billing Practices › Section ATCP 123.12 - Activities regulated by public service commission

Current through June 24, 2024
(1) This subchapter
				  does not apply to any activity, including any notice to a consumer of a
				  subscription change, that is specifically authorized under s.
				  196.204
				  or
				  196.499(4),
				  Stats., or under a rule or order issued by the state of Wisconsin public
				  service commission.
(2) This
				  subchapter does not authorize any activity prohibited by ch. 196, Stats., or by
				  the state of Wisconsin public service commission under ch. 196,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 123 - Electronic Communications Services › Subchapter III - Customer Access to Video Services › Section ATCP 123.20 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Alternative technology" means a
				  technology, other than satellite service, that is not part of the provider's
				  normal video service network but that does all of the following:
(a) Offers service, functionality, and
				  content demonstrably similar to the service, functionality, and content
				  provided through the provider's normal video service network.
(b) Provides access to PEG channels, as
				  defined in s.
				  66.0420, Stats.,
				  and messages broadcast over the emergency alert system.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 123 - Electronic Communications Services › Subchapter III - Customer Access to Video Services › Section ATCP 123.22 - Discrimination prohibited

Current through June 24, 2024
(1) No video
				  service provider that offers a video service under a state franchise may fail
				  to provide video service access to any group of potential residential customers
				  in the franchise area because of the race or income of residents in any local
				  area in which all of the potential residential customers comprising the group
				  are located.
(2) In an action
				  alleging discrimination based on income under sub. (1), it is a defense for the
				  video service provider to prove any of the following:
(a) The video service provider has provided
				  the video service under the state franchise for less than 3 years, or for less
				  than an extended time period specified by the department under s.
				  ATCP
				  123.26.
(b) At least 30 percent of the households
				  with access to the video service in the franchise area are low-income
				  households.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 123 - Electronic Communications Services › Subchapter III - Customer Access to Video Services › Section ATCP 123.24 - Large telecommunications video service provider; customer access to video service

Current through June 24, 2024
(1) ACCESS REQUIREMENTS. A large
				  telecommunications video service provider that offers a video service under a
				  state franchise shall do all of the following:
(a) Provide video service access to at least
				  35 percent of the households within the large telecommunications video service
				  provider's basic local exchange service area included in the franchise area,
				  beginning within 3 years after the date on which the large telecommunications
				  video service provider first provides video service in that basic local
				  exchange service area under the state franchise.
(b) Provide video service access to at least
				  50 percent of the households within the large telecommunications video service
				  provider's basic local exchange service area included in the franchise area,
				  beginning by the later of the following dates:
1. The 5th anniversary of the date on which
				  the provider first provides video service in that basic local exchange service
				  area under the state franchise.
2.
				  The 2nd anniversary of the first date on which at least 30 percent of the
				  households having access to the video service in its basic local exchange
				  service area have subscribed to that service for at least 6 consecutive
				  months.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 123 - Electronic Communications Services › Subchapter III - Customer Access to Video Services › Section ATCP 123.26 - Extension or waiver

Current through June 24, 2024
(1) DEPARTMENT MAY GRANT EXTENSION OR WAIVER.
				  In response to a request from a video service provider under sub. (2), the
				  department may by order do any of the following:
(a) Extend the applicable time period under
				  s.
				  ATCP 123.22(2)
				  (a).
(b) Extend the deadline for compliance with
				  an access requirement under s.
				  ATCP
				  123.24(1).
(c) Waive an access requirement under s.
				  ATCP
				  123.24(1).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 123 - Electronic Communications Services › Subchapter III - Customer Access to Video Services › Section ATCP 123.28 - Video service access requirements; limitations

Current through June 24, 2024
(1) This subchapter
				  does not require a telecommunications video service provider to provide video
				  service outside the provider's basic local exchange service area.
(2) This subchapter does not require an
				  incumbent cable operator to provide video service outside the area in which the
				  incumbent cable operator provided cable service when the Wisconsin department
				  of financial institutions first issued a state franchise to the incumbent cable
				  operator.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 124 - PRICE COMPARISON ADVERTISING › Section ATCP 124.01 - Declaration of policy

Current through June 24, 2024
Price comparison advertising is a form of advertising
				  commonly used in the sale or offering for sale of consumer property or services
				  whereby current prices are compared with former or future prices or other
				  stated values to demonstrate price reductions or cost savings. While price
				  comparisons accurately reflecting market values in the trade area provide
				  consumers with useful information in making value comparisons and market buying
				  decisions, price comparisons based on arbitrary or inflated prices or values
				  can only serve to deceive or mislead. Further abuse occurs when sellers fail to
				  disclose material information essential to consumer understanding of the
				  comparisons made. The use of arbitrary or inflated price comparisons in
				  violation of this rule as an inducement to the sale of consumer property or
				  services is injurious to both the consuming public and competitors, and is an
				  unfair trade practice and unfair method of competition under s.
				  100.20,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 124 - PRICE COMPARISON ADVERTISING › Section ATCP 124.02 - Definitions

Current through June 24, 2024
(1) "Advertisement" is any oral, written or
				graphic statement or representation made in connection with the solicitation of
				business in any manner by a seller and includes, without limitation because of
				enumeration, statements and representations contained on any label, tag or sign
				attached to, printed on, or accompanying consumer property, or printed in a
				catalog or any other sales literature or brochure.
(2) "Consumer property or services" means any
				personal property or services sold primarily for personal, family, or household
				use and not for resale or for use or consumption in a trade or
				business.
(3) "Date" as applied to
				"date on which a price comparison is stated in the advertisement" in
				newspapers, catalogs, or other printed publications means either the date of
				publication or distribution or the date on which the completed advertising copy
				is submitted to the printer for final printing and publication, provided such
				submission date does not exceed 30 days from date of actual publication or
				distribution.
(4) "Seller" means a
				person engaged in the sale of consumer property or services and includes
				corporations, partnerships, associations and any other form of business
				organization or entity. The term does not include banks, savings and loan
				associations, insurance companies and public utilities to the extent exempt
				from department regulation under s.
				93.01(1m),
				Stats.
(5) "Price comparison" means
				the direct comparison, expressed wholly or in part in dollars, cents, fractions
				or percentages, in any advertisement, of a seller's current price for consumer
				property or services with any other price or statement of value for such
				property or services, whether or not such prices are actually stated in the
				advertisement. The term includes, but is not limited to, such comparisons as
				"50% off," "save 1/3,, 3," "Half price sale," "Was $20, now half price," "$10
				value, now $8," or "Was $7, now $6."
(6) The terms "sell" or "sale" include a
				lease.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 124 - PRICE COMPARISON ADVERTISING › Section ATCP 124.03 - Price comparison; general

Current through June 24, 2024
(1) Based on a
				price other than one at which consumer property or services were sold or
				offered for sale by the seller or a competitor, or will be sold or offered for
				sale by the seller in the future, in the regular course of business in the
				trade area in which the price comparison is made.
(2) In which the consumer property or
				services differ in composition, grade or quality, style or design, model, name
				or brand, kind or variety, or service and performance characteristics, unless
				the general nature of the material differences is conspicuously disclosed in
				the advertisement with the price comparison.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 124 - PRICE COMPARISON ADVERTISING › Section ATCP 124.04 - Seller's actual sale prices

Current through June 24, 2024
(1) No price
				comparison may be made by a seller based on a price at which consumer property
				or services were sold by the seller unless:
(a) The price is a price at which such
				property or services were actually sold by the seller in the last 90 days
				immediately preceding the date on which the price comparison is stated in the
				advertisement; or
(b) The price is
				a price at which such property or services were actually sold by the seller
				during any other period, and the advertisement discloses with the price
				comparison the date, time or seasonal period when such sales were
				made.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 124 - PRICE COMPARISON ADVERTISING › Section ATCP 124.05 - Seller's offered prices

Current through June 24, 2024
(1) No price
				comparison may be made by a seller based on a price at which the seller has
				offered for sale but has not sold consumer property or services unless:
(a) The price is a price at which such
				property or services were actually offered for sale by the seller for at least
				4 weeks during the last 90 days immediately preceding the date on which the
				price comparison is stated in the advertisement; or
(b) The price is a price at which such
				property or services were actually offered for sale by the seller for at least
				4 weeks during any other 90-day period, and the advertisement clearly discloses
				the date, time, or seasonal period of such offer.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 124 - PRICE COMPARISON ADVERTISING › Section ATCP 124.06 - Seller's future prices

Current through June 24, 2024
No price comparison may be made by a seller based on an
				  increased price at which consumer property or services will be offered or sold
				  in the future unless:
(1) The
				advertisement clearly discloses that the price comparison is based on a future
				price increase; and
(2) The
				effective date of the future price increase, if more than 90 days after the
				price comparison is first stated in an advertisement, is clearly disclosed in
				the advertisement; and
(3) The
				future price increase takes effect on the date disclosed in the advertisement
				or if not disclosed in the advertisement within 90 days after the price
				comparison is stated in the advertisement; and
(4) The consumer property or services are
				continuously and actively offered for sale by the seller at a price not less
				than the advertised future price for at least 4 consecutive weeks after the
				effective date of the price increase, except where compliance becomes
				impossible of circumstances beyond the seller's control.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 124 - PRICE COMPARISON ADVERTISING › Section ATCP 124.07 - Competitor's prices

Current through June 24, 2024
No price comparison may be made by a seller based on a
				  competitor's price unless:
(1) The
				competitor's price is a price at which the competitor sold or advertised
				consumer property or services for sale at any time within the 90-day period
				immediately preceding the date on which the price comparison is stated in the
				advertisement;
(2) The competitor's
				price is a price that is representative of prices at which the consumer
				property or services are sold or advertised for sale in the trade area in which
				the price comparison is made and is not an isolated price; and
(3) Disclosure is made with the price
				comparison that the price used as a basis for the comparison was not the
				seller's own price.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 124 - PRICE COMPARISON ADVERTISING › Section ATCP 124.08 - Retail price labeling

Current through June 24, 2024
(1) A price label permanently imprinted on or
				affixed to consumer property or its container, by the manufacturer or supplier,
				and not under control of the retail seller or instigated by the retail seller,
				or which is required to be attached to such property under federal law, need
				not be covered or obliterated for purposes of compliance with these rules when
				the retail seller's current offering price is attached to, printed on or placed
				on a label, tag or sign accompanying such property, provided no other price
				comparison based thereon is made by the retail seller. This exemption shall not
				apply to a price label which can be removed by the retail seller without damage
				to consumer property or its container, except where removal is prohibited by
				federal law.
(2) Disclosure of the
				date, time or seasonal period as required under s.
				ATCP 124.04(1)
				(b) or
				124.05(1) (b), need
				not be made on a label, tag or sign used at the premises of the retail seller
				in connection with the offer or sale of consumer property of a seasonal nature
				if the comparison is based on a price used during the immediately preceding
				selling season.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 124 - PRICE COMPARISON ADVERTISING › Section ATCP 124.09 - Reporting

Current through June 24, 2024
Pursuant to s.
				  93.15(1),
				  Stats., persons making price comparisons shall, within 14 days after receipt of
				  specific written questions from the department, submit answers in writing
				  concerning the basis on which the price comparison was made, including, where
				  requested, a description of such invoices, receipts or other business records
				  as may be in the seller's possession which would tend to substantiate the basis
				  for the price comparison.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices › Section ATCP 125.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1e) "CPI" means the annual average consumer
				price index - all urban consumers, as calculated and published by the United
				States bureau of labor statistics.
(1m) "Electronic communications service" has
				the meaning given in s.
				ATCP
				123.01(5).
(1s) "Manufactured home" means any of the
				following:
(a) A manufactured home as defined
				in s.
				101.91(2)
				(am), Stats.
(b) A unit designed to be towed or
				transported and used as a residential dwelling, but does not include a unit
				used primarily for camping, touring, or recreational purposes.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices › Section ATCP 125.02 - Tie-in sales; separate or discriminatory charges

Current through June 24, 2024
No operator shall:
(1) Require, as a condition to the rental of
				any site, the purchase of a manufactured home from the operator or any dealer,
				manufacturer, or agent named by the operator.
(2) Represent to any person that the purchase
				of a manufactured home from the operator or any dealer, manufacturer, or agent
				named by the operator will give the purchaser an advantage over others in the
				rental or continued occupancy of a site.
(3) Discriminate or threaten to discriminate
				in rental charges or in any other respect against a tenant for failure of the
				tenant to purchase a manufactured home from the operator or any dealer,
				manufacturer, or agent named by the operator.
(4) Solicit or receive any payment or other
				thing of value from any seller of a manufactured home for agreeing to rent a
				site to the purchaser of such manufactured home.
(5) Solicit or receive any payment or other
				thing of value from any person upon the representation or understanding that
				such consideration will give that person an advantage over others in the rental
				or continued occupancy of a site.
(6) Use a manufactured home site to display a
				manufactured home offered for sale, or rent a site to a manufactured home
				dealer for purposes other than accommodation of a manufactured home occupied as
				a residence, if the use or rental of the site results in there being no site in
				the manufactured home community available to a prospective tenant who does not
				purchase a manufactured home from the operator or renting dealer.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices › Section ATCP 125.03 - Rental agreement; requirements

Current through June 24, 2024
(1) Every rental
				agreement shall be in writing. A copy of the rental agreement shall be
				furnished to the tenant at the time the rental agreement is executed. If a
				manufactured home is purchased from or through the operator, a copy of the
				rental agreement shall be furnished to the tenant before the tenant signs the
				manufactured home purchase contract. The rental agreement shall conspicuously
				set forth all terms and conditions affecting the rental of the site, and shall
				include:
(a) The amount of rent for each rent
				paying period and all property, services, and facilities provided by the
				operator and included in the rent. Except as provided in sub. (5), the amount
				of the rent shall be expressed in a dollar amount.
(b) The amount of any security deposit,
				installation charge, or other charge payable by the tenant under the rental
				agreement but not included in the rent, including charges for utility services
				provided through the operator's facilities. If utility service charges are
				based on the amount of utility service used, the rental agreement shall set
				forth either the specific rate or the method by which the charges are to be
				computed.
(c) Rules and regulations
				shall be included in or attached to the main body of the rental
				agreement.
(d) The approximate size
				of the site and its location in the manufactured home community.
(e) The amount of the monthly municipal
				permit fee assessed by local units of government and payable by the tenant. If
				the monthly fee is not known, an approximation shall be given.
(em) The amount and due dates of fees
				assessed by local units of government for waste hauling, recycling, or similar
				services payable by the tenant. If the amount and due dates are not known, an
				approximation shall be given.
(f)
				Notice that the operator reserves the right to screen the purchaser of a
				tenant's manufactured home before renting a site to the purchaser, subject to
				s.
				710.15,
				Stats.
(g) A disclosure as to
				whether the manufactured home community contains an emergency shelter, and, if
				the community has an emergency shelter, the location of the emergency shelter
				and procedures for its use.
(h) A
				copy of the manufactured home community rules and regulations.
Note:
Under s.
				  710.15(5m),
				  Stats., an operator may terminate a tenancy if the tenant refuses to sign a
				  rental agreement.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices › Section ATCP 125.04 - Rental agreement; limitations

Current through June 24, 2024
(1) ENTRANCE AND
				EXIT FEES. No operator may charge an entrance fee or exit fee in return for
				allowing the movement of a manufactured home into or out of a manufactured home
				community. This subsection does not apply to:
(a) Periodic payments for the rental of a
				site, pursuant to the rental agreement.
(b) A security deposit not exceeding the
				amount of 2 months' rent or $750, whichever is less.
(c) Material and labor costs incurred by the
				operator to move a tenant's manufactured home into or out of the manufactured
				home community, to install the manufactured home on a site or remove it from a
				site, or to connect or disconnect utility services. The amount of any charges,
				or the basis upon which charges are to be calculated, shall be clearly set
				forth in the rental agreement.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices › Section ATCP 125.05 - Changes in rental terms or manufactured home community rules

Current through June 24, 2024
(1) If
				any change or increase in rent or fees, or any other substantial change in the
				terms or conditions of tenancy is to be made in connection with the renewal of
				any rental agreement, a copy of the proposed new agreement, or amendments to
				the existing agreement, shall be furnished to the tenant, in writing, at least
				28 days prior to the date on which the proposed new agreement is to take
				effect. All changes shall be specifically brought to the tenant's attention by
				a separate statement on the proposed rental agreement or in a separate written
				document attached to the rental agreement. The operator or a representative of
				the operator shall meet with tenants, or any group of tenants, on the proposed
				changes, at their request. Nothing in this section shall be construed as
				interfering with the operator's right to terminate any tenancy in accordance
				with s.
				710.15
				and ch. 704, Stats., and s.
				ATCP
				125.09, if the tenant declines to accept the proposed
				new agreement.
(2) Rules and
				regulations which substantially affect the rights or duties of tenants or the
				operator under s.
				710.15,
				Stats., or this chapter may not be created or changed during the term of the
				rental agreement. This includes but is not limited to:
(a) Rules setting standards and requirements
				for skirting, weatherproofing or frostproofing, and auxiliary buildings or
				sheds.
(b) Rules limiting occupancy
				of manufactured homes with respect to the number or age of occupants.
(c) Vehicle parking rules imposed by the
				operator.
(d) Rules restricting or
				regulating overnight guests.
(e)
				Rules restricting or regulating pets.
(f) Rules requiring tenants to repair or
				maintain their manufactured home.
(g) Rules defining the tenant's and
				operator's rights and responsibilities with regard to maintenance of the
				site.
(h) Rules restricting or
				regulating tenants' outdoor antennas or satellite dishes.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices › Section ATCP 125.06 - Sale of manufactured home; transfer of tenancy

Current through June 24, 2024
(1) No operator
				may:
(a) Require any tenant to designate the
				operator, or any person named by the operator, as agent for the sale of a
				tenant's manufactured home, or unreasonably restrict the sale of a tenant's
				manufactured home by the tenant or an agent of the tenant's own choosing.
Note:
Sections
				  710.15(3)
				  and (4), Stats., provide that:
"(3) PROHIBITED CONSIDERATION OF AGE OF
				MOBILE HOME OR MANUFACTURED HOME.
(a) An
				operator may not deny a resident the opportunity to enter into or renew, and
				may not include, exclude or alter any terms of, a lease to continue to locate a
				mobile home or manufactured home in the community solely or in any part on the
				basis of the age of the mobile home or manufactured home.
(b) An operator may not require the removal
				of a mobile home or manufactured home from a community solely or in any part of
				the basis of the age of the mobile home or manufactured home, regardless of
				whether the ownership or occupancy of the mobile home or manufactured home has
				changed or will change."
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices › Section ATCP 125.07 - Manufactured home relocation

Current through June 24, 2024
(1) No tenant shall
				be required to relocate a manufactured home within a manufactured home
				community during the term of the rental agreement, or to assume the cost of any
				required relocation under a new or renewal rental agreement, except in
				emergency or where the tenant has violated the terms and conditions of the
				rental agreement. This does not apply to a mobile home that has been vacated by
				the tenant.
(2) Any required
				relocation shall, except in emergency, be preceded by written notice setting
				forth the reason for such relocation. Notice shall be given within the time
				period required under ch. 704, Stats., for termination of tenancies.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices › Section ATCP 125.08 - Termination of tenancy

Current through June 24, 2024
(1) Whenever an operator terminates any
				rental agreement or refuses, upon the expiration of a lease, to renew the lease
				or to enter into a new rental agreement, the operator shall provide the tenant
				with written notice setting forth the reason for such termination or refusal.
				Notices of termination shall comply with the requirements of s.
				710.15
				and ch. 704, Stats., as applicable. If the rental agreement does not comply
				with the requirements of s.
				ATCP
				125.03(1) (intro.) and (2), the
				operator shall comply with the notice requirements of s.
				704.17(2),
				Stats., when terminating a tenancy, unless the operator or tenant proves that
				other notice requirements under s.
				704.17(1p)
				or (3), Stats., are applicable.
Note:
Section
				  710.15(5m),
				  Stats., provides that:
Notwithstanding ss.
				  704.17
				  and
				  704.19,
				  the tenancy of a resident or occupant in a community may not be terminated, nor
				  may the renewal of the lease be denied by the community operator, except upon
				  any of the following grounds:
(a)
				Failure to pay rent due, or failure to pay taxes or any other charges due for
				which the community owner or operator may be liable.
(b) Disorderly conduct that results in a
				disruption to the rights of others to the peaceful enjoyment and use of the
				premises.
(c) Vandalism or
				commission of waste of the property.
(d) A breach of any term of the
				lease.
(e) Violation of community
				rules that endangers the health or safety of others or disrupts the right to
				the peaceful enjoyment and use of the premises by others, after written notice
				to cease the violation has been delivered to the resident or
				occupant.
(em) Violation of
				federal, state or local laws, rules or ordinances relating to mobile homes or
				manufactured homes after written notice to cease the violation has been
				delivered to the resident or occupant.
(f) The community owner or operator seeks to
				retire the community permanently from the housing market.
(g) The community owner or operator is
				required to discontinue use of the community for the purpose rented as a result
				of action taken against the community owner or operator by local or state
				building or health authorities and it is necessary for the premises to be
				vacated to satisfy the relief sought by the action.
(h) The physical condition of the mobile home
				or manufactured home presents a threat to the health or safety of its occupants
				or others in the community or, by its physical appearance, disrupts the right
				to the enjoyment and use of the community by others.
(i) Refusal to sign a lease.
(j) Material misrepresentation in the
				application for tenancy.
(k) Other
				good cause."
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 125 - Manufactured Home Communities - Fair Trade Practices › Section ATCP 125.09 - Prohibited practices; general

Current through June 24, 2024
(1) Make any false,
				deceptive, or misleading representation to induce a manufactured home sale or
				site rental, or make any representation inconsistent with or contrary to the
				written rental agreement.
(2)
				Impose any term or condition, or any rule or regulation which the operator
				knows or reasonably ought to know is in conflict with this chapter or other
				applicable law.
(3) Require any
				tenant to make permanent improvements to the manufactured home community or any
				of its facilities, or assess any separate charge therefor. This subsection does
				not prevent the operator from requiring the tenant to install the manufactured
				home according to applicable installation codes.
(4) Enter a tenant's manufactured home
				without the tenant's permission and reasonable prior notice to the tenant. This
				does not prohibit the operator from entering a tenant's manufactured home if
				the tenant cannot be contacted and the operator reasonably believes that entry
				is necessary because of emergency, or to preserve and protect the manufactured
				home or the manufactured home community.
Entry by an operator into a tenant's manufactured home may
					 be prohibited by other applicable law.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter I - Definitions › Section ATCP 127.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Acquirer" means a financial institution
				  or other person who, under a license or authorization granted by a credit card
				  system operator, authorizes merchants to honor credit cards and submit credit
				  card sales drafts for payment through the credit card system.
(2) "Consumer" means an individual to whom a
				  seller advertises, offers to sell, sells or promotes the sale of consumer goods
				  or services. "Consumer" does not include an individual who purchases consumer
				  goods or services in a business capacity, or for resale to others.
(3) "Consumer goods or services" means goods
				  or services typically used for personal, family or household purposes.
				  "Consumer goods or services" includes personal investment opportunities,
				  personal business opportunities and personal training courses but does not
				  include any of the following:
(a) Investment
				  opportunities, business opportunities and training courses when offered to a
				  business, rather than a consumer.
(b) Real estate, other than cemetery lots or
				  timeshares as defined in s.
				  707.02(24),
				  Stats.
(c) Pay-per-call services
				  sold in compliance with s.
				  196.208,
				  Stats.
(d) A newspaper subscription
				  that the consumer may cancel at any time without penalty.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.02 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Caller identification information" means
				  information provided by a caller identification service regarding the telephone
				  number, name, or other information regarding the seller originating a telephone
				  solicitation.
(2) "Caller
				  identification service" means any service or device designed to provide the
				  user of the service or device with the telephone number, name, or other
				  information regarding the origination of a telephone solicitation.
(3) "Telephone solicitation" means a
				  solicitation, under s.
				  ATCP
				  127.01(22), that a seller makes to a
				  consumer by telephone, videoconferencing, or other interactive electronic voice
				  communications.
(4) "Telephone
				  transaction" means any of the following:
(a)
				  A telephone solicitation.
(b)
				  Purchase contracts and other dealings that result from a telephone
				  solicitation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.04 - Opening disclosures

Current through June 24, 2024
(1) DISCLOSURES REQUIRED. A seller making a
				  telephone solicitation shall disclose all of the following to the consumer
				  before asking any questions or making any statements other than an initial
				  greeting:
(a) The name of the principal
				  seller.
Note: For example, a telemarketing firm making
					 solicitations on behalf of another company must disclose the name of the
					 company for which it is acting as agent. The telemarketing firm may also
					 disclose its own identity, but is not required to do so.
(b) The name of the individual making the
				  telephone solicitation.
Note: For example, if Mary Smith makes telephone
					 solicitations for the ABC Company, Smith must disclose her individual name.
					 Under sub. (3) (b), Smith may use a fictitious name which uniquely identifies
					 her if the ABC Company keeps a record of that uniquely identifying fictitious
					 name.
(c) That the seller
				  is offering or promoting the sale of consumer goods or services.
(d) The nature of the goods or services which
				  the seller is offering or promoting.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.06 - Disclosures prior to sale

Current through June 24, 2024
(1) DISCLOSURES
				  REQUIRED. In a telephone transaction, a seller shall disclose all of the
				  following to a consumer before the consumer enters into any purchase contract,
				  and before the seller takes the consumer's credit card number or accepts any
				  payment from the consumer:
(a) The nature and
				  quantity of consumer goods or services included in the sale.
(b) The total cost to purchase and receive
				  the consumer goods or services.
(c)
				  All material terms and conditions affecting the sale, receipt or use of the
				  consumer goods or services, including credit terms if any.
Note: Consumer credit disclosures under par. (c) must
					 comply with applicable requirements under ch. 422, Stats., and federal
					 law.
(d) The name of the
				  principal seller.
Note: For example, a telemarketing firm making
					 solicitations on behalf of another company must disclose the name of the
					 company for which it is acting as agent.
(e) At least one of the following:
1. The principal seller's mailing
				  address.
2. A local or toll-free
				  telephone number, answered during normal business hours, at which the consumer
				  may contact the principal seller and obtain the principal seller's
				  address.
(f) The
				  seller's policy related to refunds, cancellations, exchanges or repurchases if
				  any of the following apply:
1. The seller has
				  a policy that prevents or substantially limits refunds, cancellations,
				  exchanges or repurchases.
2. The
				  seller makes any claim or representation regarding refunds, cancellations,
				  exchanges or repurchases.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.08 - Prize promotions

Current through June 24, 2024
(1) ILLEGAL LOTTERIES. In a telephone
				  transaction, no seller may use a prize promotion that violates s.
				  945.02(3),
				  Stats.
(2) PRIZE NOTICE;
				  REQUIREMENTS. In a telephone transaction, no seller may use a prize promotion
				  that violates s.
				  100.171,
				  Stats.
(3) PRIZE PROMOTIONS;
				  MISREPRESENTATIONS. No seller may misrepresent the material terms of a prize
				  promotion used in a telephone transaction.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.10 - Unauthorized payment

Current through June 24, 2024
No seller in a telephone transaction may obtain or submit
					 for payment any check, draft or other negotiable instrument drawn on a
					 consumer's account without that consumer's express, verifiable authorization.
					 The following authorizations are considered verifiable:
(1) An express written authorization. Express
				  written authorization may include the consumer's signature on the check, draft
				  or negotiable instrument.
(2) An
				  express oral authorization if all of the following apply:
(a) The oral authorization is tape recorded
				  and made available upon request to the consumer's bank.
(b) The oral authorization clearly authorizes
				  payment for the goods and services offered to the consumer.
(c) The oral authorization clearly indicates
				  that the consumer received information specifying all of the following:
1. The date and amount of the check, draft or
				  instrument.
2. The payor's
				  name.
3. The number of payments, if
				  more than one.
4. A telephone
				  number for consumer inquiries that is answered during normal business
				  hours.
5. The date of the
				  consumer's oral authorization.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.12 - Credit card laundering

Current through June 24, 2024
(1) No merchant may present to or deposit
				  into a credit card system for payment, or cause another person to present to or
				  deposit into a credit card system for payment, any credit card sales draft
				  generated by a telephone transaction that is not a sale by that merchant to the
				  holder of that credit card.
(2) No
				  person may employ, solicit or cause a merchant to violate sub. (1).
(3) No seller engaged in a telephone
				  transaction may, by means of a business relationship or affiliation with a
				  merchant, obtain access to a credit card system unless that access is
				  authorized by that merchant's written agreement with the credit card system
				  operator, or with an acquirer licensed or authorized by the credit card system
				  operator.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.14 - Misrepresentations

Current through June 24, 2024
No seller may do any of the following, directly or by
					 implication, in a telephone transaction:
(1) Misrepresent a seller's identity,
				  affiliation, location or characteristics.
(2) Misrepresent the nature, purpose or
				  intended length of a solicitation.
(3) Misrepresent the nature or terms of a
				  telephone transaction, or any document related to that transaction.
(4) Misrepresent the cost of goods or
				  services offered or promoted by a seller, or fail to disclose material costs
				  payable by the consumer.
(5)
				  Misrepresent the nature, quantity, material characteristics, performance or
				  efficacy of the goods or services offered or promoted by a seller.
(6) Misrepresent or fail to disclose material
				  restrictions, limitations or conditions on the purchase, receipt, use or return
				  of goods or services offered or promoted by a seller.
(7) Misrepresent the material terms of a
				  seller's refund, cancellation, exchange, repurchase or warranty
				  policies.
(8) Misrepresent that a
				  seller is offering consumer goods or services free of charge or at a reduced
				  price.
(9) Misrepresent that a
				  seller is affiliated with, or endorsed by, any government or 3rd-party
				  organization.
(10) Represent that
				  the seller has specially selected the consumer unless the representation is
				  true and the seller concurrently discloses to the consumer the specific basis
				  on which the seller makes the representation. The seller may not misrepresent
				  that basis.
(11) Represent that the
				  seller is conducting a special sales promotion, is making a special offer
				  limited to a few persons, is making a special offer for a limited period of
				  time, or is authorized to place the offered goods or services in a limited
				  number of homes, unless the representation is true and the seller concurrently
				  discloses to the consumer the specific basis on which the representation is
				  made. The seller may not misrepresent that basis.
(12) Represent that the seller is
				  participating in a contest or conducting a survey unless the representation is
				  true and all of the following apply:
(a) The
				  seller first makes all of the opening disclosures under s.
				  ATCP
				  127.04.
(b) The seller concurrently discloses the
				  name of the contest or survey sponsor, and the specific terms of the contest or
				  survey.
(c) The seller concurrently
				  discloses that the seller is attempting to sell goods or services, or to obtain
				  information to identify sales prospects, if that is the case.