Wisconsin Consumer Protection Act Guide

Wisconsin protects consumers through the Deceptive Trade Practices Act (Wis. Stat. § 100.18) and the Wisconsin Consumer Act (Wis. Stat. § 421-427). These laws provide private remedies against businesses that engage in unfair practices.

This guide covers Wisconsin's consumer protection laws, security deposit rules, landlord-tenant remedies, and how to recover double damages when businesses violate your rights.

Deceptive Trade Practices Act

Wisconsin Statute § 100.18 prohibits:

• False, deceptive, or misleading advertising
• Misrepresentations that mislead consumers
• Untrue, deceptive, or misleading assertions
• Omissions that mislead consumers

What You Can Recover

• Pecuniary loss: Money you lost
• Double damages: Twice your pecuniary loss
• Attorney fees: Costs of bringing the action
• Injunctive relief: Court order to stop the conduct

Wisconsin Security Deposits

Wisconsin Administrative Code ATCP 134 provides strong protections:

Key Rules

• No statutory limit: But must be reasonable
• Return deadline: 21 days after lease ends
• Check-in checklist: Must be provided before move-in
• Check-out checklist: Must be provided at move-out

Return Requirements

• Written itemized statement of all deductions
• Balance must be returned within 21 days
• Must provide check-out statement
• Tenant entitled to copies of receipts for repairs

Penalties

For wrongful withholding:

• Double the amount wrongfully withheld
• Attorney fees
• Court costs

Wisconsin Landlord-Tenant Law

Habitability Standards

Wisconsin landlords must provide:

• Safe and sanitary housing
• Working plumbing and heating
• Electrical systems in good repair
• Compliance with housing codes
• Proper weatherproofing
• Smoke detectors
• Carbon monoxide detectors (if applicable)

Repair Rights

If repairs aren't made:

1. Give written notice to landlord
2. Allow reasonable time for repairs
3. May repair and deduct (limited circumstances)
4. May withhold rent (with legal guidance)
5. May terminate for serious violations

Wisconsin Lemon Law

Wisconsin's Lemon Law (Wis. Stat. § 218.0171) covers new vehicles:

• Coverage: First year or 12,000 miles
• Four repair attempts or 30 days out of service
• Manufacturer must refund or replace
• Includes leased vehicles

Auto Sales Protections

Wisconsin regulates auto sales:

• Odometer disclosure required
• Title branding must be disclosed
• Buyer's guide required
• Cooling-off period for door-to-door sales

Home Improvement Fraud

Wisconsin protects homeowners:

• Written contracts required for work over $500
• Three-day cancellation right for door-to-door sales
• Progress payments limited to work completed
• Contractor registration in some cities

Filing a Lawsuit

Small Claims Court

• Limit: $10,000
• Filing fee: $50-$90
• Where to file: County where defendant resides or injury occurred
• Lawyers: Allowed but not required

Circuit Court

For larger claims:

• No damage limit
• More formal procedure
• Attorney representation recommended
• Can recover attorney fees under consumer laws

Wisconsin Department of Agriculture

DATCP's Consumer Protection Bureau:

• Handles consumer complaints
• Mediates disputes
• Investigates fraud
• Enforces consumer protection laws

Demand Letter Strategy

Your Wisconsin demand letter should include:

1. Facts of the transaction
2. Citation to Wis. Stat. § 100.18
3. Your pecuniary loss with documentation
4. Notice of double damages availability
5. Attorney fees warning
6. 14-day deadline to respond
7. Intent to file in small claims court

Milwaukee and Madison

Major Wisconsin cities may have:

• Additional local ordinances
• Tenant protection programs
• Legal aid services
• Mediation programs

Statute of Limitations

• Deceptive practices: 3 years
• Security deposits: 6 years
• Contract claims: 6 years

Wisconsin Consumer Resources

These Wisconsin agencies and resources can help with consumer disputes:

• DATCP Consumer Protection: File complaints and get consumer information
• Wisconsin Courts Self-Help: Court forms and procedures
• Wisconsin Law Help: Free legal information for Wisconsin residents

Frequently Asked Questions

How does Wisconsin's double damages work?

Under Wis. Stat. § 100.18(11)(b)(2), you can recover twice your "pecuniary loss" - the money you actually lost due to the deceptive practice. For example, if you paid $500 for a product misrepresented as worth $500 but actually worth $200, your pecuniary loss is $300 and you can recover $600. Plus attorney fees.

What's special about Wisconsin's security deposit check-in form?

Wisconsin requires landlords to provide a check-in sheet listing the condition of the unit before you move in. If they fail to provide this form, they cannot later claim pre-existing damage - they lose the ability to make deductions for damage that existed before you moved in. Always complete this form carefully and keep your copy.

How long does my Wisconsin landlord have to return my deposit?

Wisconsin gives landlords only 21 days to return your security deposit or provide an itemized statement of deductions - one of the shorter deadlines in the country. If they miss this deadline, you may be entitled to double the amount wrongfully withheld plus attorney fees.