Consumer Law at Your Fingertips

Telemarketing

Prizes and Sweepstakes

• Prize notice law. Wisconsin Statutes section 100.171 regulates prize notices. Whenever a promoter says that a consumer is eligible or has been selected to receive a prize, the promoter must give the consumer a written prize notice before requesting or accepting any payment from the consumer. (There are some exemptions.) The notice must include specific disclosures. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers this law.
  
  
• Selling With Pretense of a Prize. Wisconsin Statutes section 100.16 prohibits sales promotions that promise a hidden or undisclosed prize, or the opportunity to win a prize, as a result of a purchase. There are some important exemptions. DATCP administers this law.

• Lottery Law. Wisconsin Statutes section 945.02(3) prohibits lotteries (including pyramid schemes and other lottery-type selling plans) that combine the elements of prize, chance and consideration. There are some important exemptions. District attorneys prosecute violations of the lottery law.

For more information, see Consumer Law topic, Prizes and Sweepstakes.