Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 106 - Price gouging during an emergency
Section ATCP 106.02 - Price gouging prohibited
Universal Citation: WI Admin Code ยง ATCP 106.02
Current through August 26, 2024
(1) PROHIBITION. Except as provided in sub. (2), no seller may sell a consumer good or service in an emergency area during an emergency period at a price that is more than 15% above the highest price at which the seller sold like consumer goods or services to like customers in the relevant trade area during the 60-day period immediately preceding the emergency declaration.
(2) EXEMPTIONS. The prohibition in sub. (1) does not apply to a sale if, at the time of sale, the seller possesses and relies upon accurate information that demonstrates any of the following:
(a) The selling price does not exceed the
seller's cost plus normal markup.
(b) The selling price is required by
law.
(c) The emergency declaration
directly or impliedly exempted the sale from coverage under the emergency
declaration.
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