440.46 Prohibited acts. - Wisconsin Statutes

440.46

440.46 Prohibited acts.

440.46(1)

(1) No person may, in the planning, management or execution of a solicitation or charitable sales promotion, do any of the following:

440.46(1)(a)

(a) Use an unfair or deceptive act or practice.

440.46(1)(b)

(b) Imply that a contribution is for or on behalf of a charitable organization or use any emblem, device or printed matter belonging to or associated with a charitable organization without first being authorized in writing to do so by the charitable organization.

440.46(1)(c)

(c) Use a name, symbol or statement so closely related or similar to that used by another charitable organization that the use of the name, symbol or statement would tend to confuse or mislead a person being solicited.

440.46(1)(d)

(d) Represent or lead anyone in any manner to believe that the person on whose behalf a solicitation or charitable sales promotion is being conducted is a charitable organization or that the proceeds of the solicitation or charitable sales promotion will be used for charitable purposes if that is not the fact.

440.46(1)(e)

(e) Lead anyone in any manner to believe that another person sponsors, endorses or approves a solicitation or charitable sales promotion if the other person has not sponsored, endorsed or approved the solicitation or charitable sales promotion in writing.

440.46(1)(f)

(f) Use the fact of registration to lead any person to believe that the registration constitutes an endorsement or approval by the state.

440.46(1)(g)

(g) Represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue raised greater than that established under s. 440.44 (4).

440.46(2)

(2) In deciding whether an act or practice is unfair or deceptive within the meaning of sub. (1) (a), definitions, standards and interpretations relating to unfair or deceptive acts or practices under chs. 421 to 427 apply.

440.46 - ANNOT.

History: 1991 a. 278.