Protecting Consumers in the Modern Age: Wisconsin's Deceptive Trade Practices Act

Wisconsin's Deceptive Trade Practices Act prohibits untrue, deceptive, or misleading representations in the sale of goods and services to the public. The Wisconsin Supreme Court recently has decided several important issues arising out of the Act's application in the ever-changing business and consumer world.

by Aaron R. Gary

In 1913, the Wisconsin Legislature enacted the precursor to what is today known as the Deceptive Trade Practices Act (DTPA or the Act), set forth at section 100.18 of the Wisconsin Statutes.1 At the time of the law's enactment, print was the primary marketing media. Radio was still unavailable to most people and television had yet to be invented. The Internet, television infomercials, telemarketers, and cellular phones were likely unimaginable. The ensuing century brought exponential growth and technological complexity, spawning countless new products and ways to market them. Today's vastly different, and far more complex, consumer landscape makes the DTPA more valuable than ever in consumer protection.

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