Wisconsin Deceptive Trade Practices Counter-Strike (Wis. Stat. §100.18)
Wis. Stat. §100.18 prohibits 'untrue, deceptive, or misleading' representations 'with intent to sell, distribute, increase the consumption of, or in any wise dispose of any merchandise.' 'Merchandise' is broadly defined and includes services. Under §100.18(11)(b)2, a private cause of action provides actual damages, costs, and reasonable attorney's fees. When private parking operators issue government-mimicking 'citations,' threaten unlawful credit reporting, claim authority to immobilize without statutory basis, or use other deceptive collection tactics, they are subject to §100.18 liability. Even threatened use of counter-claim often defeats the operator's collection effort.
Legal basis
Wis. Stat. §100.18; §100.20; State v. Excel Mgmt. Servs.
Sample appeal wording
[DATE] [OPERATOR LEGAL] RE: PRE-SUIT DEMAND UNDER WIS. STAT. §100.18 This is a pre-suit demand under Wisconsin's Deceptive Trade Practices Act, Wis. Stat. §100.18. Your 'parking notice' #[NUMBER] employs deceptive practices including: 1. Mimicking a government citation in format, color, and language 2. Threatening '[license suspension / credit reporting / immobilization]' without statutory basis 3. [Specific other deceptive practice] Such practices are 'untrue, deceptive, or misleading' representations made in connection with the marketing of services. Under §100.18(11)(b)2, I am entitled to actual damages, costs, and reasonable attorney's fees. Demand: (a) cease all collection on this notice; (b) written confirmation no negative credit report will issue; (c) cease use of the deceptive format. Failure to comply within 14 days will result in suit. [NAME / OR ATTORNEY]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Wis. Stat. §100.18 (docs.legis.wisconsin.gov)
- Wisconsin Department of Agriculture, Trade and Consumer Protection guidance