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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
Wisconsin
Lawyer
