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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
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mail letters to "Letters to the Editor," Wisconsin Lawyer, P.O. Box 7158,
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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
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