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Scams, Fraud, & Unfair Sales Practices
The Wisconsin Deceptive Trade Practices Act
What the Wisconsin Deceptive Trade Practices Act Covers
The Wisconsin Deceptive Trade Practices Act, Wis. Stats. 100.181 (also known as the “DTPA”), protects people from false, tricky, or misleading ads or claims. People often use the DTPA to question ads or how things are sold. But the DTPA can also be used to challenge other actions, like when a person or business:
- Makes a false promise to get someone to agree to a job or rent an apartment;
- Lies or suggests that a product’s price is the same as the wholesale price (what stores usually pay);
- Does not clearly show the price of a property or service;
- Advertises one thing and then sells another (bait and switch advertising); or
- Falsely advertises a “going-out-of-business sale” when the business is not actually closing, or does other similar things.
These are just a few examples of what the DTPA does not allow. In real life, many other unfair or dishonest actions might also break the DTPA rules.
What the Wisconsin Deceptive Trade Practices Act Does Not Cover
It’s just as important to know what the DTPA does not cover. Wisconsin courts have said that some exaggerations, like calling something the “World’s Best Coffee, ”are allowed because we expect sellers to say things like that. The DTPA also has special exceptions for certain situations, such as:
- Food;
- Insurance;
- Custom-made goods;
- News reporters; and
- Real estate agents
What To Do If You Believe You Have Been The Victim Of A Fraud Or Scam
The DTPA isn’t the only law that protects people in Wisconsin from scams and fraud. There are many other state and federal laws that help too. If you think you’ve been scammed or want to make a claim under the DTPA or another law, it’s a good idea to talk to a lawyer or the police (especially if you think a crime was committed). You should also report the scam to the appropriate state and federal agencies. They may not investigate individual cases, but they gather information from multiple victims in an effort to locate the source of the scam and stop it:
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State of Wisconsin |
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|
Name of Agency |
What They Can Help With |
How to Report |
| Wisconsin Department of Agriculture, Trade & Consumer Protection | Complaints about car repairs, cable or satellite TV, fraud (including online scams), investment deals, problems between landlords and renters, fake sweepstakes, phone and telemarketing scams, travel scams, and other unfair ways of selling things | https://datcp.wi.gov/Pages/Programs_Services/ConsumerProtection.aspx2 Telephone: 1-800-422-7128 or 608-224-4953 |
| Wisconsin Department of Financial Institutions | Complaints about charities, banks and credit unions | Telephone: 608-267-1711 |
| Wisconsin Office of the Commissioner of Insurance | Complaints about insurance companies and insurance policies | Telephone: 1-800-236-8517 or 608-266-0103 |
| Wisconsin Public Service Commission | Complaints about utility companies | Telephone: 1-800-225-7729 or 608-266-2001 |
|
Federal Government |
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|
Name of Agency |
What They Can Help With |
How to Report |
| Federal Trade Commission (FTC) | Consumer fraud, and deceptive or unfair business practices, including things like identity theft | https://reportfraud.ftc.gov/3 |
| Consumer Financial Protection Bureau (CFPB) | Issues related to checking and savings accounts; credit cards; credit reports; debt collection; money transfers; virtual currency and money services; mortgages; payday loans; personal loans; prepaid cards; student loans; and vehicle loans or leases |
https://www.consumerfinance.gov/complaint/4
|
| Commodity Futures Trading Commission (CFTC) | Fraud involving financial products called “derivatives,” like futures contracts, options, swaps, and cryptocurrency | https://www.cftc.gov/Forms/tipsandcomplaints.html5 |
| U.S. Securities and Exchange Commission (SEC) | Fraud related to financial products known as “securities,” which include things like stocks and bonds | https://www.sec.gov/submit-tip-or-complaint6 |
| The Financial Industry Regulatory Authority (FINRA) | Issues with U.S. broker-dealers | https://www.finra.org/investors/need-help7 |
| The Federal Bureau of Investigation (FBI) | Crimes, including, but not limited to: healthcare fraud, identity theft and bank fraud | https://tips.fbi.gov/home8 www.ic3.gov (for scams involving the internet) |
| Department of Health & Human Services Office of the Inspector General | Fraud related to Medicare and Medicaid, such as scammers stealing money from the public through fake government websites and social media schemes | https://oig.hhs.gov/fraud/report-fraud/9 Medicare Fraud: https://www.smpwi.org/ |
| United States Secret Service | Counterfeiting, credit card fraud, wire and bank fraud, computer network breaches, ransomware, and other cyber financial crimes | Madison Field Office Telephone: 608-264-5191 Milwaukee Field Office: 414-297-3587 |
| United States Postal Inspection Service |
To report scams that have used mail service included: identity theft, scams, and more |
https://www.uspis.gov/report |
Citations:
- Wis. Stat. § 100.18 (2023)
- Wisconsin Department of Agriculture, Trade & Consumer Protection, Consumer Protection, https://datcp.wi.gov/Pages/Programs_Services/ConsumerProtection.aspx
- Federal Trade Commission, Report Fraud, https://reportfraud.ftc.gov/
- Consumer Financial Protection Bureau, Submit a Complaint, https://www.consumerfinance.gov/complaint/
- Commodity Futures Trading Commission, Submit Tips and Complaints, https://www.cftc.gov/Forms/tipsandcomplaints.html
- U.S. Securities and Exchange Commission, Submit a Tip or Complaint, https://www.sec.gov/submit-tip-or-complaint
- Financial Industry Regulatory Authority, Need Help?, https://www.finra.org/investors/need-help
- Federal Bureau of Investigation, Submit a Tip, https://tips.fbi.gov/home
- U.S. Department of Health & Human Services, Office of Inspector General, Report Fraud, https://oig.hhs.gov/fraud/report-fraud/
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