reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 110 - Home Improvement Practices › Section ATCP 110.027 - Delay in contract performance

Current through June 24, 2024
(1) A seller must
				give the buyer timely notice of any impending delay in the home improvement
				contract performance if performance will be delayed beyond a deadline specified
				in the home improvement contract. The notice shall specify any reasons for the
				delay and shall specify new proposed deadlines by which the seller will begin
				and complete the work. If a written home improvement contract is required under
				s.
				ATCP
				110.05(1) or the buyer signs a
				written contract, no change in performance deadlines is effective unless the
				buyer agrees in writing to the change.
Note:
According to s.
				  137.15(3),
				  Stats., "If a law requires a record to be in writing, an electronic record
				  satisfies that requirement in that law."
(2) Notwithstanding sub. (1), a seller shall
				not be responsible for delays in contract performance if the seller can
				demonstrate any of the following:
(a) The
				delay was caused by actions or inactions of the buyer.
(b) The delay was caused by a destructive act
				of nature such as tornado, flood, or fire.
(c) The delay was caused by disruptive civil
				disorder such as a strike, hostile action, or war.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 110 - Home Improvement Practices › Section ATCP 110.03 - Building permits

Current through June 24, 2024
(1) Before a buyer enters into a home
				improvement contract, the seller shall inform the buyer of all building or
				construction permits that are required for the home improvement. Except as
				provided in sub. (4), no seller may start work under a home improvement
				contract until all required state and local permits have been issued.
(2) Where midpoint or final inspections are
				required under state laws or local ordinances, copies of inspection
				certificates shall be furnished to the buyer when construction is completed and
				before final payment is due or the signing of a completion slip is requested of
				the buyer.
(3) Pursuant to sub.
				(2), if the state or local inspector who completed the inspection does not
				issue an inspection document, the seller may provide a summary of the
				inspection to the buyer. The summary shall include the inspector's name, the
				date of the inspection, and inspection number or some other way to identify the
				inspection in the state or local building inspection database.
(4) Notwithstanding sub. (1), if the home
				improvement contract includes subprojects, no seller may start work on any
				subproject of a home improvement contract that requires state or local permits
				until all permits required for that subproject have been issued.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 110 - Home Improvement Practices › Section ATCP 110.04 - Warranties

Current through June 24, 2024
(1) A seller shall give a buyer a copy of
				every written warranty made with respect to labor, services, products, or
				materials furnished in connection with a home improvement. If a seller makes
				any oral warranty, the seller shall document that warranty in writing and give
				a copy to the buyer. The seller shall provide all warranty documents to the
				buyer at the time the buyer enters into a home improvement contract, except
				that a manufacturer's product warranty may be provided at any of the following
				times:
(a) At the time the buyer enters into
				a home improvement contract.
(b) At
				the time the product is installed.
(c) At the conclusion of the project, if
				specified in the contract.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 110 - Home Improvement Practices › Section ATCP 110.05 - Home improvement contract requirements

Current through June 24, 2024
(1) The following
				home improvement contracts and all changes in the terms and conditions thereof,
				shall be in writing:
(a) Contracts requiring
				any payment of money or other consideration by the buyer prior to completion of
				the seller's obligation under the contract.
(b) Contracts which are initiated by the
				seller through face-to-face solicitation away from the regular place of
				business of the seller, mail or telephone solicitation away from the regular
				place of business of the seller, mail or telephone solicitation, or handbills
				or circulars delivered or left at places of residence.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 110 - Home Improvement Practices › Section ATCP 110.06 - Preservation of buyer's claims and defenses

Current through June 24, 2024
(1) Every assignee
				of a home improvement contract takes subject to all claims and defenses of the
				buyer or successors in interest.
Note:
Under this section, where the seller
				  assigns the debt to a finance company before completing the contract and then
				  fails to complete the contract, the finance company is subject to the same
				  claims and defenses the buyer has against the contractor.
(2) No seller shall enter into any home
				improvement contract wherein the buyer waives the right to assert against the
				seller or any assignee any claim or defense the buyer may have against the
				seller under the contract.
(3) No
				seller shall use any promissory note or instrument, other than a check, in
				connection to a home improvement contract unless it bears the following
				statement in contrasting bold-face type: "This is a home improvement instrument
				and is non-negotiable. Every holder takes subject to claims and defenses of the
				maker or obligor."
(4) Every holder
				or transferee of a negotiable instrument executed in violation of this section,
				who knew or should have known at the time the document was acquired that it was
				made to evidence an obligation for home improvements, or who knew or should
				have known that the payee or transferor was engaged in the home improvement
				business, takes subject to all claims and defenses of the maker or
				obligor.
(5) Claims and defenses of
				any buyer against an assignee or transferee under the contract shall be limited
				to the total amount for which the buyer was obligated at the time of entering
				into the contract.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 110 - Home Improvement Practices › Section ATCP 110.07 - Contract cancellation; return of payments

Current through June 24, 2024
(1) CONDITIONS
				WARRANTING EXERCISE OF BUYER'S REMEDIES. If, under a home improvement contract,
				a buyer pays a seller for any home improvement materials or services before the
				seller provides those materials or services to the buyer, the buyer may proceed
				under sub. (2) if any of the following occurs:
(a) The seller fails to provide the materials
				or services by a deadline specified in the home improvement contract.
(b) The seller fails to give buyer notice of
				an impending delay as required under s. ATCP 110.027 (1), or fails to obtain
				the buyer's agreement to a new performance deadline.
(c) The buyer believes that the seller has
				failed to provide the materials or services in a timely manner, and the home
				improvement contract specifies no deadline for the seller to provide the
				materials or services.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 110 - Home Improvement Practices › Section ATCP 110.08 - Contract compliance

Current through June 24, 2024
A home improvement contract which constitutes a "consumer
				  approval transaction" as defined in s.
				  423.201, Stats., shall
				  comply with ch. 423, Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 112 - Credit report security freezes › Section ATCP 112.01 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Consumer report" has the meaning given in
				15 USC
				1681 a(d).
(2) "Consumer reporting agency" has the
				meaning given in
				15 USC
				1681 a (f).
(3) "Proper identification" means information
				that is sufficient to confirm, with reasonable assurance, that an individual is
				who he or she claims to be.
(4)
				"Security freeze" has the meaning given in s.
				100.54(1)
				(e), Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 112 - Credit report security freezes › Section ATCP 112.02 - Proper identification to create a security freeze

Current through June 24, 2024
A consumer reporting agency may require proper identification
				  of an individual who requests a security freeze under s.
				  100.54(2)
				  (a), Stats. Proper identification may include
				  any of the following:
(1) The
				individual's current full name, and prior names if any.
(2) The individual's current address, and
				recent prior addresses if any.
(3)
				The individual's social security number.
(4) The individual's date of birth.
(5) Copies of appropriate identifying
				documents, if justified under s.
				ATCP 112.04.
				Identifying documents may include documents authorized under
				16 CFR
				614.1.
(6) Identifying information, readily known by
				the individual in whose name the security freeze is requested but not generally
				known by others, which the consumer reporting agency lawfully obtained before
				receiving the security freeze request.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 112 - Credit report security freezes › Section ATCP 112.03 - Proof of identity to release a credit report or remove a security freeze

Current through June 24, 2024
(1) A
				consumer reporting agency may require any of the following information from an
				individual as proof of identity for purposes of s.
				100.54(4) (a) 2. and (6)
				(a)2, Stats.:
(a) Any identifying information or
				identifying document that complies with s.
				ATCP
				112.02.
(b) Except as provided in sub. (2), a
				personal identification number, password, or other device or system that
				uniquely identifies the individual.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 112 - Credit report security freezes › Section ATCP 112.04 - Written procedures

Current through June 24, 2024
A consumer reporting agency shall adopt and implement written
				  procedures for obtaining proper identification under s.
				  100.54(2) (a) 2., (4) (a)
				  2., and (6) (a) 2, Stats. The procedures
				  shall be consistent with this chapter and s.
				  100.54,
				  Stats. The procedures shall do all of the following:
(1) Enable the consumer reporting agency to
				confirm the identity of a requesting individual, so that the consumer reporting
				agency can correctly match the individual with his or her file.
(2) Establish identification requirements
				that are commensurate with identifiable risks of harm related to possible
				misidentification of individuals.
(3) Avoid requesting more information than
				necessary to confirm an individual's identity unless the information is
				necessary for payment purposes.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 113 - Gasoline advertising › Section ATCP 113.01 - Prohibited trade practices; gasoline

Current through June 24, 2024
All persons, firms and corporations, their offices,
				  representatives, agents and employees, in advertising relating to the business
				  of selling gasoline for use in motor cars, shall cease and desist from using
				  any methods of competition and trade practices that mislead or tend to mislead
				  prospective purchasers of such gasoline, and particularly the following:
(1) To state or otherwise represent that the
				gasoline has a specified octane value or rating when such value or rating has
				been determined by a test method other than one which is authorized under ch.
				ATCP 94.
(2) To use any statement,
				design or device which may induce prospective purchasers to believe that such
				gasoline is aviation gasoline when the product is not suitable for aviation
				use.
(3) To use any statement,
				design or device which may induce prospective purchasers to believe that such
				gasoline is of greater value for motor car use because it contains high octane
				value components without clearly stating the octane value or rating for the
				total product advertised, as determined by a method authorized under ch. ATCP
				94.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 113 - Gasoline advertising › Section ATCP 113.02 - Test methods, standards

Current through June 24, 2024
The test methods prescribed in s.
				  ATCP
				  113.01(1) and (3) are set forth in
				  the book "ASTM Manual for Rating Motor Fuels by Motor and Research Methods",
				  published 1956, copies of which are on file at the offices of the state
				  department of agriculture, trade and consumer protection and legislative
				  reference bureau, and which may be obtained from American Society for Testing
				  Materials International, 100 Barr Harbor Dr., P.O. Box C700, West,
				  Conshohocken, PA 19428-2959.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 114 - Real estate advertising, advance fees › Section ATCP 114.01 - Definitions

Current through June 24, 2024
As used herein:
(1)
				"Advance fee" means a payment for listing or advertising, in any manner, the
				sale or lease of property.
(2)
				"Property" means any interest or estate in real estate or in a
				business.
(3) "Person" shall
				include a corporation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 114 - Real estate advertising, advance fees › Section ATCP 114.02 - Misrepresentations

Current through June 24, 2024
No person in soliciting advance fees or contracts therefor
				  shall make any of the following representations contrary to fact:
(1) That the amount of the advance fees or
				the time of their payment is other than as provided by written
				contract.
(2) That advance fees are
				not payable prior to the sale of property.
(3) That advance fees or any part thereof
				will be refunded if the property is not sold within a specified time, or that
				refunds are freely and customarily made if property is not sold.
(4) That the person or any person whom the
				person represents has or will furnish a list of qualified prospects who are
				interested in buying the type of property involved.
(5) That the person or any person whom the
				person represents can secure the sale of the property within a specified period
				of time.
(6) That the person or any
				person whom the person represents is affiliated or has any business connection
				with any real estate or business opportunity brokers.
(7) That the person or any person whom the
				person represents resides in or maintains an office within the state.
(8) That the person or any person whom the
				person represents will perform any act or engage in any service beyond the acts
				or services required by the terms of any written contract between the
				parties.
(9) That the person is an
				experienced or qualified appraiser of property.
(10) That the property will sell at a named
				price or at a price in excess of that named or asked by the owner.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 114 - Real estate advertising, advance fees › Section ATCP 114.03 - Contracts

Current through June 24, 2024
No person soliciting advance fees shall fail to furnish the
				  property owner contracting therefor with a true copy of the entire contract,
				  which shall specifically identify each advertising medium to be used and the
				  size and number of advertising insertions to be made therein.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 116 - Work recruitment schemes › Section ATCP 116.01 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Earnings" means any compensation for work, and includes wages, salaries,
				commissions, bonuses, profits and other compensation.
(2) "Employment service" means a service
				designed to help individuals obtain work, other than work offered by the
				provider of the employment service. "Employment service" does not include a
				person who is licensed as an employment agent under s.
				105.05(1),
				Stats. "Employment service" includes assistance with any of the following:
(a) Finding work announcements or obtaining
				work offers.
(b) Preparing resumes
				or portfolios.
(c) Obtaining or
				completing work application materials.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 116 - Work recruitment schemes › Section ATCP 116.02 - Required purchase or investment; disclosure in work advertisements

Current through June 24, 2024
A work advertisement shall clearly disclose all of the
				  following:
(1) The nature and amount
				of every purchase or investment that a recruit must make in order to obtain a
				work offer.
(2) The nature and
				amount of every purchase or investment that a recruit must make in order to
				have a reasonable prospect of achieving the potential earnings suggested by a
				recruiter in the work advertisement. This subsection does not apply to a
				recruit's purchases of product inventory to fill customer orders obtained by
				the recruit.
See s.
					 ATCP 116.01(5) and
					 (10).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 116 - Work recruitment schemes › Section ATCP 116.03 - Purchase or investment documented

Current through June 24, 2024
If a recruit is required to make a purchase or investment in
				  order to obtain a work offer, the recruiter shall document that purchase or
				  investment in writing, and shall provide a copy of that written document to the
				  recruit before the recruit agrees to make the purchase or investment. The
				  document shall include all of the following:
(1) The name of the recruit.
(2) The name and permanent address of the
				recruiter.
(3) The nature of the
				purchase or investment, and the terms under which it is made.
(4) The amount of the purchase or investment,
				including any interest or other charges that may apply.
(5) The consideration given by the recruiter
				in return for the purchase or investment.
(6) A copy of any separate contract or note
				involved in the purchase or investment. Each contract and each note shall state
				whether it is subject to assignment.
(7) The terms and conditions of any work
				offer to which the purchase or investment is related. The terms and conditions
				shall include all of the following:
(a) The
				nature of the work offered.
(b) The
				source from which the recruit will receive his or her earnings, if other than
				the recruiter.
(c) The form, such
				as wages, salaries, commissions, or direct profits from sales, in which the
				recruit will receive his or her earnings.
(d) The agreed rate of pay if applicable, or
				the agreed method by which earnings will be determined.
(e) Fringe benefits, if any.
(f) Applicable work terms and conditions,
				including work hours and location. If a recruit is offered sales work in a
				specific territory, the work offer shall describe that territory and state
				whether it is exclusive.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 116 - Work recruitment schemes › Section ATCP 116.04 - Earnings claims

Current through June 24, 2024
If a recruiter makes any statement of potential earnings to
				  recruits from whom the recruiter solicits any purchase or investment, the
				  recruiter shall disclose all of the following in connection with that
				  statement:
(1) The source from which
				the worker would receive the earnings, if other than the recruiter.
(2) The form, such as wages, salaries,
				commissions, or direct profits from sales, in which the recruit would receive
				the earnings.
(3) The basis on
				which the earnings would be paid or received, such as per unit of time worked,
				per unit of work completed, or per volume of sales. The basis shall be stated
				so that a recruit can readily understand, compare and evaluate the stated
				earnings.
(4) Requirements which
				the recruit must meet in order to qualify for the stated earnings, including
				any training or probationary service requirement.
(5) The nature and amount of every purchase
				or investment which the recruit must make in order to have a reasonable
				prospect of achieving the stated earnings. This subsection does not apply to a
				recruit's purchases of product inventory to fill customer orders obtained by
				the recruit unless the recruit is required to purchase the product inventory in
				order to obtain a work offer.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 116 - Work recruitment schemes › Section ATCP 116.05 - Prohibited practices

Current through June 24, 2024
No recruiter who solicits a purchase or investment from any
				  recruit may do any of the following:
(1) Make any false, deceptive or misleading
				representation to that recruit.
(2)
				Misrepresent the nature of the work which the recruiter offers or may offer to
				that recruit.
(3) Misrepresent the
				nature or amount of earnings which a recruit may make.
(4) Misrepresent that an offer to engage a
				recruit as an independent contractor is an offer to engage that recruit as an
				employee.
(5) Make any statement or
				representation which is part of a scheme whose purpose is not to recruit
				workers to perform work.
Note: See also s.
				  100.18(9),
				  Stats., which prohibits "bait and switch" advertising.
(6) Misrepresent the recruiter's
				identity.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 117 - Art prints and multiple art; sales practices › Section ATCP 117.01 - Application

Current through June 24, 2024
This chapter applies to all sales of and offers to sell works
				  of multiple art between an art supplier and an art dealer or between an art
				  dealer and a buyer, if any portion of the transaction occurs in Wisconsin,
				  including deliveries into or from Wisconsin and solicitations by mail or
				  telephone where the solicitor or buyer is in Wisconsin.
Sale solicitations by mail or telephone may also be subject
					 to regulation under ch. ATCP 127 and under ch. 423,
					 Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 117 - Art prints and multiple art; sales practices › Section ATCP 117.05 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Art dealer" means either of the following:
(a) A person who is in the business or
				represents himself or herself as being in the business of dealing, exclusively
				or non-exclusively, in the sale of multiple art.
(b) An agent, officer, director, employee or
				other representative of a person listed in par. (a).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 117 - Art prints and multiple art; sales practices › Section ATCP 117.15 - Required disclosure and warranty statements

Current through June 24, 2024
(1) ART DEALER'S
				RESPONSIBILITY.
(a) Before receiving any
				payment for the sale of a work of investment art, an art dealer shall provide
				the prospective buyer with a completed disclosure and warranty statement
				specified in sub. (2) and obtain the buyer's signature on the statement. If the
				art dealer sells a work of investment art by telephone or mail, a completed
				copy of the disclosure and warranty statement shall be in the prospective
				buyer's possession before the art dealer requests payment.
(b) Each disclosure and warranty statement
				required under this section shall be completely and accurately filled out,
				unless the art dealer affirms in writing on the statement that a particular
				item of information is unknown to the dealer and cannot be determined from
				generally accepted trade literature or the general consensus of expert members
				of the art trade.
(c) Each
				disclosure and warranty statement shall be printed in no less than 10-point
				type.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 117 - Art prints and multiple art; sales practices › Section ATCP 117.20 - Supplier's declaration

Current through June 24, 2024
(1) SUPPLIER'S AND ART DEALER'S
				RESPONSIBILITIES.
(a) Before selling or
				offering to sell a work of investment art an art dealer has purchased after
				September 1, 1990, the dealer shall have in his or her possession a completed
				supplier's declaration concerning the work, as specified in sub. (2). Each
				supplier's declaration required under this section shall be completely and
				accurately filled out. The supplier may, where indicated on the declaration,
				state that a particular item of information is not being certified by the
				supplier or is not applicable to the work of investment art. A "not certified"
				response indicates the supplier cannot or will not certify the accuracy of the
				item. The supplier shall base all declarations made about the particular work
				of investment art on generally accepted trade literature or on the general
				consensus of expert members of the art trade. The supplier has the burden of
				proving, by a preponderance of the evidence, any declaration not based on these
				sources, with the exception of "not certified" responses.
(b) Each supplier's declaration shall be
				printed in no less than 10-point type.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 117 - Art prints and multiple art; sales practices › Section ATCP 117.25 - Records

Current through June 24, 2024
(1) GENERAL RECORD KEEPING.
(a) If an art dealer sells any work of
				multiple art for more than $300, the dealer shall retain records identifying
				the work, the date of sale, the sale price and the buyer's name and
				address.
(b) If an art dealer sells
				any work of multiple art for more than $300 and the dealer purchased the work
				on or after September 1, 1990, in addition to the records required under par.
				(a) the dealer shall retain records identifying:
1. The date of purchase from the supplier and
				the supplier's name and address.
2.
				The supplier's selling price or the terms of consignment or exchange.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 118 - Car Rentals; Customer Notices › Subchapter I - Notice of Renter Liability › Section ATCP 118.01 - Scope and applicability of chapter

Current through June 24, 2024
(1) PURPOSE. This
				  subchapter is promulgated pursuant to s.
				  344.576(3)
				  (c), Stats., to specify the notice that
				  rental companies that offer and sell damage waivers are required to provide to
				  renters.
(2) DEFINITIONS. In this
				  subchapter:
(a) "Accident" has the meaning
				  specified in s.
				  344.57(1),
				  Stats.
(b) "Authorized driver" has
				  the meaning specified in s.
				  344.57(2),
				  Stats.
(c) "Damage waiver" has the
				  meaning specified in s.
				  344.57(3),
				  Stats.
(d) "Department" means the
				  state of Wisconsin department of agriculture, trade and consumer
				  protection.
(e) "Private passenger
				  vehicle" has the meaning specified in s.
				  344.57(4),
				  Stats.
(f) "Rental agreement" has
				  the meaning specified in s.
				  344.57(5),
				  Stats.
(g) "Rental company" has the
				  meaning specified in s.
				  344.57(6),
				  Stats.
(h) "Renter" has the meaning
				  specified in s.
				  344.57(7),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 118 - Car Rentals; Customer Notices › Subchapter I - Notice of Renter Liability › Section ATCP 118.03 - Modification of notice

Current through June 24, 2024
In the event a rental agreement is otherwise in full
					 compliance with the provisions of ss.
					 344.57
					 to
					 344.579, Stats., and
					 that agreement contractually limits or eliminates the liability of a renter or
					 authorized driver for one or more of the acts or circumstances itemized in s.
					 344.576(2) (a) to
					 (j), Stats., a rental company may modify the
					 required notice provided in connection with that agreement. The modification
					 may be made only to items listed under the "Damage Waiver Coverage" portion of
					 the notice and shall be at least as favorable to the renter as required under
					 the notice specified in s.
					 ATCP 118.02.
					 Any modification made under this section shall differ from the required notice
					 only to the extent necessary to delete items of liability not exempted from
					 coverage under a damage waiver purchased in connection with the rental
					 agreement or to explain a contractually granted limitation on any
					 item.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 118 - Car Rentals; Customer Notices › Subchapter I - Notice of Renter Liability › Section ATCP 118.04 - Violations

Current through June 24, 2024
Any person who violates a provision of this subchapter is
					 subject to the penalties provided in s.
					 344.579,
					 Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 118 - Car Rentals; Customer Notices › Subchapter II - Notice of Charges Related to Nonmoving Traffic Violations › Section ATCP 118.10 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Department" means the Wisconsin
				  department of agriculture, trade and consumer protection.
(2) "Forfeiture" has the meaning given in s.
				  345.28(1)
				  (b), Stats.
(3) "Nonmoving traffic violation" has the
				  meaning given in s.
				  345.28(1)
				  (c), Stats.
(4) "Rental agreement" has the meaning given
				  in s.
				  344.57(5),
				  Stats.
(5) "Rental company" has the
				  meaning given in s.
				  344.57(6),
				  Stats.
(6) "Renter" has the meaning
				  given in s.
				  344.57(7),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 118 - Car Rentals; Customer Notices › Subchapter II - Notice of Charges Related to Nonmoving Traffic Violations › Section ATCP 118.12 - Notice of charges related to nonmoving traffic violations

Current through June 24, 2024
(1) A rental
				  company shall give notice to prospective renters according to this section if
				  the rental company may charge a renter's credit card for forfeitures, costs,
				  towing or storage charges incurred but not paid by the renter related to
				  nonmoving traffic violations involving a private passenger vehicle rented from
				  the rental company.
(2) A rental
				  company that is required to give notice under sub. (1) shall do all of the
				  following:
(a) Include the following verbatim
				  notice, in 16-point boldface type in the following format, immediately adjacent
				  to the renter signature line in the rental agreement:
"WHAT IF YOU FAIL TO PAY A PARKING
					 TICKET?
We Will Charge Your Credit Card For Unpaid Parking
					 Tickets You May Incur While The Vehicle Is In Your Possession."
(b) Include the following verbatim
				  written notice in the rental agreement, or in an accompanying document without
				  other text or markings, before the renter signs the rental agreement:
"NOTICE ABOUT CHARGES AGAINST YOUR CREDIT CARD FOR
					 UNPAID PARKING TICKETS
IF YOU FAIL TO PAY any forfeitures, costs, or towing
					 and storage charges for nonmoving traffic violations incurred while you are in
					 possession of the rental or leased vehicle, the rental company may pay those
					 sums and CHARGE TO YOUR CREDIT CARD the amount paid for the forfeitures, costs,
					 or charges plus an administrative fee of not more than $30."
(c) The notice under par. (b)
				  shall be printed in 11-point type, except that capitalized portions shall be in
				  13-point type boldface type. If the notice is contained on a separate document,
				  it shall be printed on 8 1/2 by 11 inch paper.
(d) The rental company shall give each renter
				  a copy of the notice under par. (b) along with the renter's copy of the signed
				  rental agreement, and shall retain a copy with a copy of the signed rental
				  agreement for at least 6 years. The rental company may retain its copy in
				  photographic or electronic form. A rental company that retains its copy in
				  photographic or electronic form shall print that copy for the department upon
				  request.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 121 - Referral selling plans › Section ATCP 121.01 - Definitions

Current through June 24, 2024
(1) "Compensation" means anything of value,
				including commissions, fees, money, credits, discounts, rebates, premiums,
				goods, or any other kind of property and services.
(2) "Consumer sale" means a sale or lease of
				goods, services, or an interest in land primarily for personal, family, or
				household use.
(3) "Referral
				selling plan" means any method of sale where the seller or lessor, as an
				inducement for a consumer sale, offers compensation to a prospective buyer or
				lessee either for a) names of other prospective buyers or lessees, or b)
				otherwise aiding the seller or lessor in making consumer sales.
(4) "Seller" or "lessor" means individuals,
				corporations, partnerships, or any other organization, but does not include
				banks, savings and loan associations, insurance companies or public utilities
				to the extent exempted from department regulation under s.
				93.01(1m),
				Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 121 - Referral selling plans › Section ATCP 121.02 - Prohibition

Current through June 24, 2024
No seller or lessor may use any referral selling plan to make
				  a consumer sale unless the seller or lessor first gives the buyer or lessee the
				  full amount of potential compensation offered to that buyer or lessee under
				  that plan.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 122 - Chain distributor schemes › Section ATCP 122.01 - Unfair trade practice

Current through June 24, 2024
The promotional use of a chain distributor scheme in
				  connection with the solicitation of business investments from members of the
				  public is an unfair trade practice under s.
				  100.20,
				  Stats. When so used the scheme serves as a lure to improvident and uneconomical
				  investment. Many small investors lack commercial expertise and anticipate
				  unrealistic profits through use of the chance to further perpetuate a chain of
				  distributors, without regard to actual market conditions affecting further
				  distribution and sale of the property purchased by them or its market
				  acceptance by final users or consumers. Substantial economic losses to
				  participating distributors have occurred and will inevitably occur by reason of
				  their reliance on perpetuation of the chain distributor scheme as a source of
				  profit.
The rules in chapter
					 ATCP
					 122 are valid regulations and do not violate freedom
					 of speech or violate the vagueness and overbreadth doctrine. HM Distributors of
					 Milwaukee v. Dept. of Agriculture, 55 W (2d)
					 261.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 122 - Chain distributor schemes › Section ATCP 122.02 - Definitions

Current through June 24, 2024
(1) "Chain distributor scheme" is a sales
				device whereby a person, upon a condition that the person make an investment,
				is granted a license or right to recruit for profit one or more additional
				persons who also are granted such license or right upon condition of making an
				investment and may further perpetuate the chain of persons who are granted such
				license or right upon such condition. A limitation as to the number of persons
				who may participate, or the presence of additional conditions affecting
				eligibility for the above license or right to recruit or the receipt of profits
				therefrom, does not change the identity of the scheme as a chain distributor
				scheme.
(2) "Investment" is any
				acquisition, for a consideration other than personal services, of personal
				property, tangible or intangible, for profit or business purposes, and
				includes, without limitation, franchises, business opportunities and services.
				It does not include real estate, securities registered under ch. 551, Stats.,
				or sales demonstration equipment and materials furnished at cost for use in
				making sales and not for resale.
(3) "Person" includes partnerships,
				corporations and associations.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 122 - Chain distributor schemes › Section ATCP 122.04 - Statutory exemption

Current through June 24, 2024
This chapter does not apply to banks, savings and loan
				  associations, insurance companies and public utilities to the extent exempted
				  from department regulations under s.
				  93.01(1m),
				  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 II - Subscription and Billing Practices › Section ATCP 123.02 - Disclosure to subscriber

Current through June 24, 2024
(1) SUBSCRIPTION
				  TERMS. Except as provided under sub. (4) or (5), a provider shall disclose to a
				  consumer the material terms of a proposed subscription at or before the time
				  that the consumer subscribes. The disclosure shall include all of the
				  following:
(a) A clear identification of each
				  service offering included in the subscription, including the material consumer
				  features, functions or capabilities which comprise that service offering.
Note: For example, the identification of a video service
					 offering should identify the channels that comprise the offering.
(b) The price which the consumer
				  must pay for each service offering. Prices may be disclosed as price schedules,
				  rates or formulas, provided that the consumer can readily determine the total
				  amount which he or she must pay. The price shall include the price for all
				  goods and services which the provider bills to the consumer in connection with
				  the service offering.
(c) All
				  incidental charges that may affect the total amount payable by the consumer,
				  including charges for connecting, changing or disconnecting service. This
				  paragraph does not apply to finance charges or late payment charges if the
				  provider discloses all of the following in writing when the provider first
				  bills the consumer for the principal amount to which those finance charges or
				  late payment charges apply:
1. The
				  circumstances under which the finance charges or late payment charges will
				  apply.
2. The amount of the finance
				  charges or late payment charges, or the method for computing those charges if
				  their amount is not yet known.
(d) The effective date of the subscription
				  unless all of the following apply:
1. The
				  effective date depends on the action of a third party outside the provider's
				  control.
2. The provider discloses
				  a good faith estimate of the effective date and a means by which the consumer
				  may verify the effective date.
(e) The expiration date of the subscription,
				  if any.
(f) Any limitations on the
				  consumer's right to cancel the subscription at any time.
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 123.04 - Subscription changes

Current through June 24, 2024
(1) DISCLOSURE REQUIRED. Except as provided
				  under sub. (2), no provider may initiate any price increase or other
				  subscription change without giving the consumer prior notice of that price
				  increase or subscription change. The provider shall give the notice at least 25
				  days, but not more than 90 days, prior to the subscription change. The provider
				  may give the notice as part of a regular billing statement to the consumer.
Note: Section
					 100.209(2),
					 Stats., requires a multichannel video programming distributor, as defined in
					 47
					 USC 522(13), to give a
					 consumer at least 30 days advance written notice before deleting a service or
					 instituting a rate increase.
(2) EXEMPTIONS. Subsection (1) does not apply
				  if any of the following apply:
(a) The
				  consumer orders the subscription change, and the provider complies with s.
				  ATCP
				  123.02 in connection with that order.
(b) The subscription change does not alter
				  the price of the service offering or the total amount billed to the consumer,
				  and does not materially alter the consumer features, functions or capabilities
				  which comprise the service offering.
(c) The subscription change merely expands a
				  service offering currently billed to the consumer without doing any of the
				  following:
1. Increasing the price of that
				  service offering or increasing the total amount billed to the
				  consumer.
2. Combining that service
				  offering with another service offering which the consumer can order separately,
				  but which the consumer has not affirmatively ordered.
3. Making other material changes to the
				  consumer features, functions or capabilities which comprise that service
				  offering.
(d) The
				  subscription change results from the expiration of terms granted to the
				  consumer under an introductory or other promotional offer, provided that the
				  provider disclosed both of the following to the consumer at or before the time
				  that the consumer subscribed:
1. The duration
				  of the promotional offer.
2. The
				  terms that would apply after the promotional offer expired.
(e) The subscription change is
				  limited to a change in long distance rates that are exempt from disclosure
				  under s.
				  ATCP
				  123.02(4).
(f) The subscription change is limited to a
				  change in pay-per-view video programming charges that are exempt from
				  disclosure under s.
				  ATCP
				  123.02(5).
(g) Section
				  ATCP
				  123.12 exempts the subscription change from coverage
				  under 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 123.06 - Negative option billing

Current through June 24, 2024
(1) PROHIBITION.
				  Except as provided under subs. (2) or (3), no provider may bill a consumer for
				  a service offering that the consumer has not affirmatively ordered. A
				  consumer's failure to reject a service offering is not an affirmative order for
				  service. A consumer's affirmative order for service may be made orally,
				  electronically or in writing, subject to s.
				  ATCP
				  123.02.
(2) EXPANDED SERVICE OFFERING; EXEMPTION. A
				  provider need not obtain an affirmative order from a consumer before expanding
				  a service offering currently billed to that consumer unless the expansion has
				  the effect of combining that service offering with another service offering
				  which the consumer can order separately but has not affirmatively ordered.
Note: See s.
					 ATCP 123.04
					 related to advance notice of price increases and other subscription changes,
					 including expansions of service offerings.
(3) LONG DISTANCE TELECOMMUNICATIONS
				  SERVICES; EXEMPTIONS.
(a) Subsection (1) does
				  not prohibit a provider of telecommunications services from billing a consumer
				  for services which that provider is required by law to deliver to that
				  consumer.
(b) Subsection (1) does
				  not prohibit a consumer's appointed provider of long distance
				  telecommunications services, merely because that consumer did not affirmatively
				  select that provider, from billing that consumer for services used by that
				  consumer.
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 123.08 - Automatic renewal or extension

Current through June 24, 2024
No subscription for a definite period of time may be
					 renewed or extended beyond its scheduled termination date, pursuant to an
					 automatic renewal or extension provision in the contract, unless one of the
					 following applies:
(1) The consumer is
				  free to cancel the contract at any time.
(2) The provider gives the consumer a written
				  notice reminding the consumer of the scheduled automatic renewal or extension.
				  The reminder notice shall be designed to be readily noticed and understood by
				  the consumer. The notice shall be given at least 30 days but not more than 60
				  days prior to the scheduled effective date of the automatic renewal or
				  extension.
A written notice under this section may be included as
						part of any billing statement given to the consumer at least 30 days but not
						more than 60 days prior to the effective date of the automatic
						renewal.