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(b) 1. A business may offer financial incentives, including payments to
11consumers as compensation, for the collection of a consumer's personal information,
12the sale of a consumer's personal information, or the deletion of a consumer's
13personal information. A business may also offer a different price, rate, level, or
14quality of goods or services to a consumer if that difference is directly related to the
15value provided to the consumer by the consumer's data.
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2. A business may enter a consumer into a financial incentive program
17described in subd. 1. only if the consumer or the consumer's parent or guardian
18affirmatively authorizes entry into the program after receiving a notice that clearly
19describes the material terms of the program.
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3. A consumer or a consumer's parent or guardian may revoke entry into a
21financial incentive program described in subd. 1. at any time.
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4. If a business offers a financial incentive program described in subd. 1., the
23business shall include a description of the program on the Internet page described
24in sub. (4) (b) 1. a. and in the policies described in sub. (4) (b) 1. b.
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15. A business may not use financial incentive practices that are unjust,
2unreasonable, coercive, or usurious in nature.
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3(7) Guidance; rules. (a) A business or 3rd party may request advice from the
4attorney general on how to comply with this section, and the attorney general shall
5respond to the request.
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(b) The department of justice shall promulgate rules to implement this section,
7including the following:.
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1. Rules that specify additional categories of personal information to those
9enumerated in sub. (1) (i) 1.
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2. Rules that specify unique personal identifiers to address changes in
11technology, changes in data collection, obstacles to implementing this section, and
12privacy concerns.
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3. Rules that specify additional methods for consumers to make requests and
14businesses to provide disclosures under this section.
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4. Rules that establish any exceptions necessary to comply with other state or
16federal law, including exceptions relating to trade secrets and intellectual property
17rights.
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5. Rules that establish procedures for the following:
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a. The submission of a direction under sub. (4) (c) 1. a.
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b. Business compliance with a direction submitted under sub. (4) (c) 1. a.
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c. The use of a recognizable and uniform logo or button by all businesses to
22promote consumer awareness of the option to make a direction under sub. (4) (c) 1.
23a.
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6. Rules that ensure that the notices and information that business are
25required to provide under this section are provided in a manner that may be easily
1understood by the average consumer, are accessible to consumers with disabilities,
2and are available in the language primarily used to interact with the consumer.
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7. Rules that facilitate a consumer's or, under sub. (4) (c) 1. b., a representative's
4ability to make a request or submit a direction under this section, with the goal of
5minimizing the administrative burden on consumers, taking into account available
6technology, security concerns, and the burden on the business, to govern a business's
7determination that a request by a consumer is a verifiable consumer request,
8including by treating a request submitted through a password-protected account
9maintained by the consumer with the business while the consumer is logged into the
10account as a verifiable consumer request and providing a mechanism for a business
11to authenticate the identity of a consumer who does not maintain an account with
12the business and requests information or submits a direction under this section.
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(c) The department of justice shall adjust the monetary threshold amount in
14sub. (1) (c) 1. a. in January of every odd-numbered year by the percentage change
15in the U.S. consumer price index for all urban consumers, U.S. city average, as
16determined by the federal department of labor for the period since the last
17adjustment under this paragraph.
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18(8) Contracts in violation. A provision in a contract or agreement that
19purports to waive or limit a requirement under this section is void and
20unenforceable.
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21(9) Private cause of action. (a) 1. A consumer may initiate an action against
22a business to enforce a written statement under subd. 2. and may pursue injunctive
23or declaratory relief, damages in an amount not less than $100 and not more than
24$750 per consumer per incident or actual damages, whichever is greater, or any other
25relief the court deems proper if all of the following apply:
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1a. The consumer, on an individual or class-wide basis, provides the business
2with written notice identifying that the consumer's nonencrypted or nonredacted
3personal information is subject to an unauthorized access and exfiltration, theft, or
4disclosure as a result of the business's violation of sub. (4) (f).
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b. The business continues to violate sub. (4) (f) more than 30 days after
6receiving the written notice under subd. 1. a.
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2. No action may be brought under subd. 1. if within 30 days of receiving a
8written notice under subd. 1. a., a business cures the noticed violation of sub. (4) (f)
9and provides the consumer that provided the written notice with an express written
10statement that the violation has been cured.
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3. In assessing the amount of damages under subd. 1., a court shall consider
12the relevant circumstances presented by any of the parties to the case, including the
13nature and seriousness of the misconduct, the number of violations, the persistence
14of the misconduct, the length of time over which the misconduct occurred, the
15willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and
16net worth.
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(b) A consumer may initiate an action against a business solely for actual
18pecuniary damages suffered as a result of the business's violation of sub. (4) (f).
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19(10) Inapplicability. (a) This section does not do any of the following:
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1. Restrict a business from complying with federal or state laws or local
21ordinances.
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2. Restrict a business from complying with a civil, criminal, or regulatory
23inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
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3. Restrict a business, service provider, or 3rd party from cooperating with law
25enforcement agencies concerning conduct or activity that the business, service
1provider, or 3rd party reasonably and in good faith believes might violate federal,
2state, or local law.