Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 124 - PRICE COMPARISON ADVERTISING
Section ATCP 124.05 - Seller's offered prices
Universal Citation: WI Admin Code ยง ATCP 124.05
Current through August 26, 2024
(1) No price comparison may be made by a seller based on a price at which the seller has offered for sale but has not sold consumer property or services unless:
(a) The price is a price at which such
property or services were actually offered for sale by the seller for at least
4 weeks during the last 90 days immediately preceding the date on which the
price comparison is stated in the advertisement; or
(b) The price is a price at which such
property or services were actually offered for sale by the seller for at least
4 weeks during any other 90-day period, and the advertisement clearly discloses
the date, time, or seasonal period of such offer.
(2) Notwithstanding sub. (1), no price comparison may be made by a seller based on a price which exceeds the seller's cost plus the percentage markup regularly used by the seller in the actual sale of such property or services, or consumer property or services of similar class or kind, in the seller's recent and regular course of business.
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