Consumer Law at Your Fingertips

Prizes and Sweepstakes

Unfair and Deceptive Practices

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) regulates unfair and deceptive business practices (including deceptive prize and sweepstake promotions).

• Wisconsin Statutes section 100.18 prohibits fraudulent representations by sellers. DATCP enforces the law in court, with help from the Wisconsin Department of Justice and district attorneys. There is also a private remedy for consumers. For more information, see Consumer Law topic, Advertising and Sales Claims.

• DATCP may adopt rules, under Wisconsin Statutes section 100.20, to prohibit unfair business practices. DATCP rules currently regulate prize and sweepstake promotions used by:
  
  
  • Telemarketers. For more information, see Consumer Law topic, Telemarketing.
  • Mail solicitors. For more information, see Consumer Law topic, Mail and E-Mail Solicitations
  • Itinerant sellers. For more information, see Consumer Law topic, Itinerant Sales.
    
    
• DATCP may issue orders, under Wisconsin Statutes section 100.20, to stop unfair practices by individual businesses.

• Businesses violating DATCP rules and orders under Wisconsin Statutes section 100.20 may be prosecuted. There is also a private remedy for consumers. For more information, see Consumer Law topic, Unfair Business Practices.