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    Wisconsin Lawyer
    September 01, 2001

    Wisconsin Lawyer September 2001: Letters to the Editor

    Letters


    Letters to the editor: The Wisconsin Lawyer publishes as many letters in each issue as space permits. Please limit letters to 500 words; letters may be edited for length and clarity. Letters should address the issues, and not be a personal attack on others. Letters endorsing political candidates cannot be accepted. Please mail letters to "Letters to the Editor," Wisconsin Lawyer, P.O. Box 7158, Madison, WI 53707-7158, fax them to (608) 257-4343, or email them to wislawyer@wisbar.org.


    Most Wisconsin Consumer Protection Laws Don't Impose $25,000 Limit

    I enjoyed Robert J. Marchant's article, "Electronic Commerce Under the Federal E-sign Legislation," in the July Wisconsin Lawyer. But I was troubled by Mr. Marchant's comment in the article that Wisconsin and federal consumer protection law "typically apply only to a transaction of $25,000 or less." I am concerned that this statement misrepresents a majority of Wisconsin consumer protection laws.

    Although the Wisconsin Consumer Act is limited to transactions of $25,000 or less, this act regulates credit transactions only.

    The Department of Agriculture, Trade and Consumer Protection administers the main body of Wisconsin consumer protection laws under, for the most part, Wis. Stat. chapter 100. The department also has enacted approximately 20 rule chapters regulating unfair trade practices. None of the laws or rules administered by the department has a money limit of $25,000.

    In fact, the consumer protection laws and rules we administer have, for the most part, no money limitations. These laws and rules cover a wide range of unfair trade practices and consumer transactions, including credit transactions. They may be enforced as a crime, a civil forfeiture penalty, or a private right of action with attorney fees and double damages.

    In addition to our agency, other Wisconsin state agencies, such as the Department of Transportation, the Department of Health and Family Services, and the Department of Regulation and Licensing, administer Wisconsin consumer protection laws and rules that do not impose a $25,000 limitation.

    David Ghilardi,
    Wis. Dep't of Agriculture, Trade and Consumer Protection

    Wisconsin Lawyer


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