100.195 Unfair billing for consumer goods or services.

626 words·~3 min read·/wi/chapter-100/100-195-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Bill” means to represent to any consumer, directly or by implication, that the consumer is obligated to pay a stated amount for consumer goods or services. “Bill” includes to refer a payment to a collection agency or to make a statement representing that a payment obligation has been or may be referred to a collection agency or credit reporting agency.

(b)“Consumer” means an individual to whom a seller sells or leases, or offers to sell or lease, consumer goods or services at retail.

(c)“Consumer goods or services” means goods or services that are used or intended for use for personal, family, or household purposes. “Consumer goods or services” does not include any of the following:

1. The treatment of disease, as defined in s. 448.01

(2), by a health care provider, as defined in s. 155.01

(7), or the provision of emergency medical care.

2. Telecommunications services or television services.

3. Goods or services whose delivery is required by law even though the consumer has not agreed to purchase or lease those goods or services.

4. The sale or lease of a motor vehicle by a licensed motor vehicle dealer, as defined in s. 218.0101

(a).

5. Services provided pursuant to an attorney-client relationship.

(d)“Delivery” means transferring to a consumer’s custody or making available for use by a consumer.

(e)“Disclosure” means a clear and conspicuous statement that is designed to be readily noticed and understood by the consumer.

(f)“Seller” means a seller or lessor of consumer goods or services, and includes any employee, agent, or representative acting on behalf of the seller.

(g)“Telecommunications service” has the meaning given in s. 196.01

(9m).

(h)“Television service” means all of the following:

1. Video service, as defined in s. 66.0420

(y).

2. Services billed to consumers by a multichannel video programming distributor as defined under 47 USC 522 (13).

(2)Prohibitions. No seller may:

(a)Bill a consumer for consumer goods or services that the consumer has not agreed to purchase or lease.

(b)Bill a consumer for consumer goods or services at a price that is higher than a price previously agreed upon between the seller and consumer unless the consumer agrees to the higher price before the seller bills the consumer. This paragraph does not prohibit a seller from increasing the price of goods or services under a sale or lease agreement of indefinite duration if the seller gives the consumer reasonable disclosure of the proposed increase and the opportunity to cancel the agreement without penalty at or before the time of a delivery at the increased price. If a seller proposes an increased price at the time of a delivery of goods or services and the consumer elects to cancel the agreement, the seller shall pay the costs of returning the goods or services.

(c)Bill a consumer for a delivery of consumer goods or services that the seller initiates under an agreement that is no longer in effect when the seller initiates the delivery.

(d)Offer a consumer a prize or prize opportunity or free or reduced-price goods or services, the acceptance of which commits the consumer to receive or pay for other consumer goods or services, unless the seller makes a disclosure of that commitment at or before the time the consumer agrees to purchase the goods or services.

(e)Misrepresent to a consumer, directly or by implication, that the consumer’s failure to reject or return a delivery of consumer goods or services that was not authorized by the consumer constitutes an acceptance that obligates the consumer to pay for those goods or services.

(3)Exceptions.