LRB-1136/3
CTS:jld:jf
2007 - 2008 LEGISLATURE
June 14, 2007 - Introduced by Representatives Pocan, Gottlieb, Albers, Ballweg,
Berceau, Black, Boyle, Cullen, Friske, Grigsby, Gunderson, Hahn, Hebl,
Jeskewitz, Molepske, Mursau, Musser, Nass, A. Ott, Parisi, Seidel, Sheridan,
Sinicki, Soletski, Strachota, Townsend, Turner, Van Akkeren, Vruwink, A.
Williams, M. Williams
and Jorgensen, cosponsored by Senators Lehman,
Olsen, Carpenter, Cowles, Darling, Erpenbach, Hansen, Kreitlow, Lassa,
Miller, Plale, Risser, Roessler
and Schultz. Referred to Committee on
Financial Institutions.
AB416,1,3 1An Act to create 100.315 of the statutes; relating to: soliciting purchases of
2goods or services using unsolicited checks or money orders and providing a
3penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits soliciting the purchase of goods or services by the delivery to
a recipient in this state of a document that is or appears to be a check or money order
payable to the recipient, if the endorsement of the document purports to bind the
recipient to purchasing goods or services and the recipient did not request the
delivery of the document. Under the bill, the Department of Agriculture, Trade and
Consumer Protection may bring an action against a violator for a forfeiture of $100
per solicitation, except that the forfeiture may not exceed $10,000 for each seven-day
period in which the person commits a violation.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB416, s. 1 4Section 1. 100.315 of the statutes is created to read:
AB416,1,6 5100.315 Solicitation of contract using check or money order. (1) In this
6section, "check" has the meaning given in s. 217.02 (2).
AB416,2,5
1(2) No person may solicit the purchase of goods or services by delivering to a
2recipient in this state a document that is or appears to be a check payable to the
3recipient, if the endorsement of the document purports to bind the recipient to
4purchasing goods or services and the recipient did not request the delivery of the
5document.
AB416,2,10 6(3) The department shall investigate violations of this section and may bring
7an action against a person who violates this section to recover a forfeiture of not more
8than $100 for each solicitation sent in violation of this section, except that the
9forfeiture may not exceed $10,000 for each 7-day period in which the person violates
10this section.
AB416,2,1111 (End)
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