Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1177 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1177
5	5	March 22, 2024 - Introduced by Representatives SHANKLAND, RATCLIFF, BARE,
6	6	EMERSON, JOERS, MOORE OMOKUNDE, SINICKI and STUBBS, cosponsored by
7	7	Senators SMITH, AGARD, L. JOHNSON, LARSON, ROYS and SPREITZER. Referred to
8	8	Committee on Consumer Protection.
9	9	AN ACT to amend 100.20 (1v), 100.20 (5) and 100.20 (6); and to create 100.2085
10	10	of the statutes; relating to: advertising broadband and other Internet speeds
11	11	and providing a standardized broadband label.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under this bill, no person may advertise as providing broadband service or sell
14	14	a service that the person represents as being broadband service unless the service
15	15	is capable of consistently providing a minimum download speed of 25 megabits per
16	16	second (Mbps) and a minimum upload speed of 3 Mbps, or the minimum download
17	17	and upload speeds to meet the Federal Communications Commission's designation
18	18	as an advanced telecommunications capability. Also under the bill, no person may
19	19	advertise as providing Internet service at a specific speed or sell Internet service that
20	20	the person represents as being at a specific speed unless the service is capable of
21	21	consistently providing that speed. If a person sells a service represented as
22	22	broadband service that does not meet the broadband speed requirements, or sells
23	23	Internet service represented as being at a specific speed that does not provide that
24	24	speed, the consumer is entitled to terminate the consumer's contract with the service
25	25	provider and receive a refund unless the service provider brings the speeds up to the
26	26	advertised speeds within one month of receiving notice from the consumer.
27	27	The bill also requires any person selling broadband service in this state to
28	28	provide a standardized consumer label that shows important consumer information,
29	29	on a template provided by the Federal Communications Commission, to each
30	30	broadband customer before a sale and to make these labels easily available to
31	31	potential consumers.
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36	36	ASSEMBLY BILL 1177
37	37	Under the bill, a person who violates the provisions of the bill is subject to
38	38	existing penalties under current law, which provide for a fine of up to $200 or
39	39	imprisonment for not more than six months or both. The bill also provides that a
40	40	violation of the provisions of the bill is an unfair method of competition in business
41	41	or an unfair trade practice, and that a person who suffers pecuniary loss because of
42	42	a violation may sue for damages and recover twice the amount of pecuniary loss as
43	43	well as reasonable attorney fees.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 100.20 (1v) of the statutes is amended to read:
47	47	100.20 (1v) It is an unfair method of competition in business or an unfair trade
48	48	practice for a person or business entity to violate s. 100.2085 (1) or (2) or 100.70 (1).
49	49	SECTION 2. 100.20 (5) of the statutes is amended to read:
50	50	100.20 (5) Any person suffering pecuniary loss because of a violation by any
51	51	other person of s. 100.2085 or 100.70 or any order issued under this section may sue
52	52	for damages therefor in any court of competent jurisdiction and shall recover twice
53	53	the amount of such pecuniary loss, together with costs, including a reasonable
54	54	attorney fee.
55	55	SECTION 3. 100.20 (6) of the statutes is amended to read:
56	56	100.20 (6) The department may commence an action in circuit court in the
57	57	name of the state to restrain by temporary or permanent injunction the violation of
58	58	s. 100.2085 or 100.70 or any order issued under this section. The court may in its
59	59	discretion, prior to entry of final judgment make such orders or judgments as may
60	60	be necessary to restore to any person any pecuniary loss suffered because of the acts
61	61	or practices involved in the action, provided proof thereof is submitted to the
62	62	satisfaction of the court. The department may use its authority in ss. 93.14 and 93.15
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82	82	SECTION 3
83	83	ASSEMBLY BILL 1177
84	84	to investigate violations of s. 100.2085 or 100.70 or any order issued under this
85	85	section.
86	86	SECTION 4. 100.2085 of the statutes is created to read:
87	87	100.2085 Broadband and other Internet services. (1) BROADBAND AND
88	88	OTHER INTERNET SPEEDS. No person may do any of the following:
89	89	(a) Advertise or otherwise represent that the person provides broadband
90	90	service unless a service provided by the person is capable of consistently providing
91	91	a minimum download speed of 25 megabits per second and a minimum upload speed
92	92	of 3 megabits per second or the minimum download and upload speeds for advanced
93	93	telecommunications capability as designated by the federal communications
94	94	commission in its inquiries regarding advanced telecommunications capability
95	95	under 47 USC 1302 (b).
96	96	(b) Sell or offer to sell a service that the person represents, to a consumer
97	97	purchasing the service, as being broadband service unless the service is capable of
98	98	consistently providing that consumer with a minimum download speed of 25
99	99	megabits per second and a minimum upload speed of 3 megabits per second or the
100	100	minimum download and upload speeds for advanced telecommunications capability
101	101	as designated by the federal communications commission in its inquiries regarding
102	102	advanced telecommunications capability under 47 USC 1302 (b).
103	103	(c) Advertise or otherwise represent that the person provides Internet service
104	104	at a specific minimum speed unless a service provided by the person is capable of
105	105	consistently providing that speed.
106	106	(d) Sell or offer to sell Internet service that the person represents, to a consumer
107	107	purchasing the service, as being a specific minimum speed unless the service is
108	108	capable of consistently providing that consumer with that speed.
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135	135	SECTION 4 ASSEMBLY BILL 1177
136	136	(2) BROADBAND LABELS. No person may sell or offer to sell broadband service in
137	137	this state unless the person makes broadband labels easily available to potential
138	138	consumers and provides a broadband label to every consumer before sale of the
139	139	service to the consumer. A broadband label provided under this subsection shall use
140	140	the templates for consumer labels for broadband service provided by the federal
141	141	communications commission. A broadband label provided under this subsection
142	142	may not contain any misleading or inaccurate information.
143	143	(3) CONTRACT TERMINATION AND REFUND. If a person makes a sale to a consumer
144	144	in violation of sub. (1) (b) or (d), the consumer notifies the person in writing of the
145	145	violation, and the person fails to remedy the violation within one month after
146	146	receiving the notice, the consumer may terminate the consumer's contract with the
147	147	person and receive a refund for all charges and fees that the consumer paid to the
148	148	person.
149	149	SECTION 5.0Effective date.
150	150	(1) This act takes effect on the first day of the 7th month beginning after
151	151	publication.
152	152	(END)
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