Chapter ATCP 124

ATCP 124.03 ATCP 124.03 Price comparison; general. No price comparison may be made by a seller:

ATCP 124.03(1) (1) Based on a price other than one at which consumer property or services were sold or offered for sale by the seller or a competitor, or will be sold or offered for sale by the seller in the future, in the regular course of business in the trade area in which the price comparison is made.

ATCP 124.03(2) (2) In which the consumer property or services differ in composition, grade or quality, style or design, model, name or brand, kind or variety, or service and performance characteristics, unless the general nature of the material differences is conspicuously disclosed in the advertisement with the price comparison.

ATCP 124.03 History History: Cr. Register, July 1973, No. 211, effective January 1, 1974. except that for advertisements in catalogs it shall take effect July 1, 1974; am. Register, January, 1978, No. 265, eff. 2-1-78.

ATCP 124.04 ATCP 124.04 Seller’s actual sale prices.

ATCP 124.04(1) (1) No price comparison may be made by a seller based on a price at which consumer property or services were sold by the seller unless:

ATCP 124.04(1)(a) (a) The price is a price at which such property or services were actually sold by the seller in the last 90 days immediately preceding the date on which the price comparison is stated in the advertisement; or

ATCP 124.04(1)(b) (b) The price is a price at which such property or services were actually sold by the seller during any other period, and the advertisement discloses with the price comparison the date, time or seasonal period when such sales were made.

ATCP 124.04(2) (2) Notwithstanding sub. (1), no price comparison under this section 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.

ATCP 124.04 History History: Cr. Register, July, 1973, No. 211, effective January 1, 1974; except that for advertisements in catalogs it shall take effect July 1, 1974; am. Register, January, 1978, No. 265, eff. 2-1-78.

ATCP 124.05 ATCP 124.05 Seller’s offered prices.

ATCP 124.05(1) (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:

ATCP 124.05(1)(a) (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

ATCP 124.05(1)(b) (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.

ATCP 124.05(2) (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.

ATCP 124.05 History History: Cr. Register, July 1973, No. 211, effective January 1, 1974, except that for advertisements in catalogs it shall take effect July 1, 1974; am. Register, January, 1978, No. 265, eff. 2-1-78.

ATCP 124.06 ATCP 124.06 Seller’s future prices. No price comparison may be made by a seller based on an increased price at which consumer property or services will be offered or sold in the future unless:

ATCP 124.06(1) (1) The advertisement clearly discloses that the price comparison is based on a future price increase; and

ATCP 124.06(2) (2) The effective date of the future price increase, if more than 90 days after the price comparison is first stated in an advertisement, is clearly disclosed in the advertisement; and

ATCP 124.06(3) (3) The future price increase takes effect on the date disclosed in the advertisement or if not disclosed in the advertisement within 90 days after the price comparison is stated in the advertisement; and

ATCP 124.06(4) (4) The consumer property or services are continuously and actively offered for sale by the seller at a price not less than the advertised future price for at least 4 consecutive weeks after the effective date of the price increase, except where compliance becomes impossible of circumstances beyond the seller’s control.

ATCP 124.06 History History: Cr. Register, July 1973, No. 211, effective January 1, 1974, except that for advertisements in catalogs it shall take effect July 1, 1974; am. Register, January, 1978, No. 265, eff. 2-1-78.

ATCP 124.07 ATCP 124.07 Competitor’s prices. No price comparison may be made by a seller based on a competitor’s price unless:

ATCP 124.07(1) (1) The competitor’s price is a price at which the competitor sold or advertised consumer property or services for sale at any time within the 90-day period immediately preceding the date on which the price comparison is stated in the advertisement;

ATCP 124.07(2) (2) The competitor’s price is a price that is representative of prices at which the consumer property or services are sold or advertised for sale in the trade area in which the price comparison is made and is not an isolated price; and

ATCP 124.07(3) (3) Disclosure is made with the price comparison that the price used as a basis for the comparison was not the seller’s own price.

ATCP 124.07 History History: Cr. Register, July, 1973, No. 211, effective January 1, 1974, except that for advertisements in catalogs it shall take effect July 1, 1974.

ATCP 124.08 ATCP 124.08 Retail price labeling.

ATCP 124.08(1) (1) A price label permanently imprinted on or affixed to consumer property or its container, by the manufacturer or supplier, and not under control of the retail seller or instigated by the retail seller, or which is required to be attached to such property under federal law, need not be covered or obliterated for purposes of compliance with these rules when the retail seller’s current offering price is attached to, printed on or placed on a label, tag or sign accompanying such property, provided no other price comparison based thereon is made by the retail seller. This exemption shall not apply to a price label which can be removed by the retail seller without damage to consumer property or its container, except where removal is prohibited by federal law.

ATCP 124.08(2) (2) Disclosure of the date, time or seasonal period as required under s. ATCP 124.04 (1) (b) or 124.05 (1) (b), need not be made on a label, tag or sign used at the premises of the retail seller in connection with the offer or sale of consumer property of a seasonal nature if the comparison is based on a price used during the immediately preceding selling season.

ATCP 124.08 History History: Cr. Register, July, 1973, No. 211, effective January 1, 1971, except that for advertisements in catalogs it shall take effect July 1, 1974; am. (2), Register, January, 1978, No. 265, eff. 2-1-78; correction in (1) made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448.

ATCP 124.09 ATCP 124.09 Reporting. Pursuant to s. 93.15 (1), Stats., persons making price comparisons shall, within 14 days after receipt of specific written questions from the department, submit answers in writing concerning the basis on which the price comparison was made, including, where requested, a description of such invoices, receipts or other business records as may be in the seller’s possession which would tend to substantiate the basis for the price comparison.

ATCP 124.09 History History: Cr. Register, July, 1973, No. 211, effective January 1, 1974, except that for advertisements in catalogs it shall take effect July 1, 1974; am. Register, January, 1978, No. 265, eff. 2-1-78.