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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1177
March 22, 2024 - Introduced by Representatives SHANKLAND, RATCLIFF, BARE,
EMERSON, JOERS, MOORE OMOKUNDE, SINICKI and STUBBS, cosponsored by
Senators SMITH, AGARD, L. JOHNSON, LARSON, ROYS and SPREITZER. Referred to
Committee on Consumer Protection.
AN ACT to amend 100.20 (1v), 100.20 (5) and 100.20 (6); and to create 100.2085
of the statutes; relating to: advertising broadband and other Internet speeds
and providing a standardized broadband label.
Analysis by the Legislative Reference Bureau
Under this bill, no person may advertise as providing broadband service or sell
a service that the person represents as being broadband service unless the service
is capable of consistently providing a minimum download speed of 25 megabits per
second (Mbps) and a minimum upload speed of 3 Mbps, or the minimum download
and upload speeds to meet the Federal Communications Commission's designation
as an advanced telecommunications capability. Also under the bill, no person may
advertise as providing Internet service at a specific speed or sell Internet service that
the person represents as being at a specific speed unless the service is capable of
consistently providing that speed. If a person sells a service represented as
broadband service that does not meet the broadband speed requirements, or sells
Internet service represented as being at a specific speed that does not provide that
speed, the consumer is entitled to terminate the consumer's contract with the service
provider and receive a refund unless the service provider brings the speeds up to the
advertised speeds within one month of receiving notice from the consumer.
The bill also requires any person selling broadband service in this state to
provide a standardized consumer label that shows important consumer information,
on a template provided by the Federal Communications Commission, to each
broadband customer before a sale and to make these labels easily available to
potential consumers.
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ASSEMBLY BILL 1177
Under the bill, a person who violates the provisions of the bill is subject to
existing penalties under current law, which provide for a fine of up to $200 or
imprisonment for not more than six months or both. The bill also provides that a
violation of the provisions of the bill is an unfair method of competition in business
or an unfair trade practice, and that a person who suffers pecuniary loss because of
a violation may sue for damages and recover twice the amount of pecuniary loss as
well as reasonable attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 100.20 (1v) of the statutes is amended to read:
100.20 (1v) It is an unfair method of competition in business or an unfair trade
practice for a person or business entity to violate s. 100.2085 (1) or (2) or 100.70 (1).
SECTION 2. 100.20 (5) of the statutes is amended to read:
100.20 (5) Any person suffering pecuniary loss because of a violation by any
other person of s. 100.2085 or 100.70 or any order issued under this section may sue
for damages therefor in any court of competent jurisdiction and shall recover twice
the amount of such pecuniary loss, together with costs, including a reasonable
attorney fee.
SECTION 3. 100.20 (6) of the statutes is amended to read:
100.20 (6) The department may commence an action in circuit court in the
name of the state to restrain by temporary or permanent injunction the violation of
s. 100.2085 or 100.70 or any order issued under this section. The court may in its
discretion, prior to entry of final judgment make such orders or judgments as may
be necessary to restore to any person any pecuniary loss suffered because of the acts
or practices involved in the action, provided proof thereof is submitted to the
satisfaction of the court. The department may use its authority in ss. 93.14 and 93.15
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SECTION 3
ASSEMBLY BILL 1177
to investigate violations of s. 100.2085 or 100.70 or any order issued under this
section.
SECTION 4. 100.2085 of the statutes is created to read:
100.2085 Broadband and other Internet services. (1) BROADBAND AND
OTHER INTERNET SPEEDS. No person may do any of the following:
(a) Advertise or otherwise represent that the person provides broadband
service unless a service provided by the person is capable of consistently providing
a minimum download speed of 25 megabits per second and a minimum upload speed
of 3 megabits per second or the minimum download and upload speeds for advanced
telecommunications capability as designated by the federal communications
commission in its inquiries regarding advanced telecommunications capability
under 47 USC 1302 (b).
(b) Sell or offer to sell a service that the person represents, to a consumer
purchasing the service, as being broadband service unless the service is capable of
consistently providing that consumer with a minimum download speed of 25
megabits per second and a minimum upload speed of 3 megabits per second or the
minimum download and upload speeds for advanced telecommunications capability
as designated by the federal communications commission in its inquiries regarding
advanced telecommunications capability under 47 USC 1302 (b).
(c) Advertise or otherwise represent that the person provides Internet service
at a specific minimum speed unless a service provided by the person is capable of
consistently providing that speed.
(d) Sell or offer to sell Internet service that the person represents, to a consumer
purchasing the service, as being a specific minimum speed unless the service is
capable of consistently providing that consumer with that speed.
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SECTION 4 ASSEMBLY BILL 1177
(2) BROADBAND LABELS. No person may sell or offer to sell broadband service in
this state unless the person makes broadband labels easily available to potential
consumers and provides a broadband label to every consumer before sale of the
service to the consumer. A broadband label provided under this subsection shall use
the templates for consumer labels for broadband service provided by the federal
communications commission. A broadband label provided under this subsection
may not contain any misleading or inaccurate information.
(3) CONTRACT TERMINATION AND REFUND. If a person makes a sale to a consumer
in violation of sub. (1) (b) or (d), the consumer notifies the person in writing of the
violation, and the person fails to remedy the violation within one month after
receiving the notice, the consumer may terminate the consumer's contract with the
person and receive a refund for all charges and fees that the consumer paid to the
person.
SECTION 5.0Effective date.
(1) This act takes effect on the first day of the 7th month beginning after
publication.
(END)
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