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 106.03 - Price information

Universal Citation: WI Admin Code ยง ATCP 106.03

Current through August 26, 2024

(1) DEPARTMENT MAY REQUIRE SELLER TO PROVIDE INFORMATION. The department may by written notice require a seller to provide information under sub. (2) related to a price at which a seller has sold a consumer good or service in an emergency area during an emergency period. The notice shall identify the price, the sale location, the specific type of consumer good or service sold, and the information required under sub. (2). The seller shall provide the required information to the department in writing within 10 days after the department issues the notice to the seller, or by a later date specified in the notice.

Note: See ss. 93.15 and 93.16, Stats. The notice under sub. (1) is a demand for information, not a warning notice under s. 100.305(4m) (a), Stats.

(2) INFORMATION REQUIRED. The department may require the seller to provide any of the following information in response to a notice under sub. (1):

(a) 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.

(b) Any material differences between the like consumer goods or services under par. (a) and the consumer good or service identified in the department's notice under sub. (1), if the consumer goods or services are not identical.

(c) The scope of the relevant trade area claimed by the seller, and the rationale for that scope.

(d) Any exemptions that the seller claims under s. ATCP 106.02(2).

(e) Documentation to support the seller's responses under pars. (a) to (d).

(f) Other relevant information required by the department.

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