Wisconsin Department of Agriculture, Trade and Consumer Protection

serving the state of wisconsin since 1839

DATCP works to assure safe food, healthy people, animals, plants and environment, vibrant agriculture and fair business practices.

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Consumer Law at Your Fingertips

advertising & sales claims

Seller's Identity and Location

  • Wisconsin Statutes section 100.18 prohibits deceptive advertising and sales practices, including misrepresentations of seller identity and location. A seller may not do any of the following:
  • Misrepresent the seller’s true identity. This does not necessarily prohibit individual sellers from using fictional personal names (for safety or privacy reasons). Nor does it prohibit the use of bona fide trade names. But it does prohibit sellers from misrepresenting their business identity or purpose.
  • Misrepresent that it is selling in a private, not business, capacity. See Wisconsin Statutes sections 100.18(1), (3) and (5).
  • Misrepresent that it is a local business. See Wisconsin Statutes sections 100.18(1) and (10r).
  • Misrepresent itself as a manufacturer or wholesaler, to create the illusion of price savings. See Wisconsin Statutes sections 100.18(1) and (10).

For more information, see Fraudulent Representation.

  • Telemarketers must identify themselves to call recipients. For more information, see Consumer Law topic, Telemarketing.
  • Itinerant sellers must identify themselves to prospective customers. For more information, see Consumer Law topic, Itinerant Sales.