196.642 Customer liability for treble damages.
(1) In an action to collect the outstanding balance on a customer's account, a court may award a public utility furnishing gas or electricity 3 times the amount of that portion of the outstanding balance incurred after October 31 and before April 16 if all of the following conditions are met:
(a) The customer's payment on any portion of the outstanding balance incurred after October 31 and before April 16 is 80 or more days past due.
(b) The customer's quarterly household income exceeds 250 percent of the income poverty guidelines for the nonfarm population of the United States as prescribed by the federal office of management and budget under 42 USC 9902 (2) during a calendar year quarter in which any portion of the outstanding balance incurred after October 31 and before April 16 is billed.
(c) The customer exhibited an ability to pay the portion of the outstanding balance incurred after October 31 and before April 16 when billed.
(d) The public utility includes with the first billing statement for any portion of an outstanding balance incurred after October 31 and before April 16 a written notice informing the customer that a court may award the public utility 3 times the amount of that portion of the outstanding balance incurred after October 31 and before April 16 if the customer's payment on any portion of that amount is 80 or more days past due, the customer exhibited an ability to pay that amount and the customer's household income exceeds a threshold level.
(2) The finder of fact shall consider all of the following factors to determine if a customer exhibited an ability to pay:
(a) Size of the outstanding balance.
(b) Customer's payment history.
(c) Period of time the balance is past due.
(d) Customer's reasons for the outstanding balance.
(e) Customer's household size, income and expenses.
(3) The finder of fact may consider other relevant factors concerning a customer's circumstances to determine if a customer exhibited an ability to pay.
(4) Nothing in this section prevents a public utility in an action to collect the outstanding balance on a customer's account from seeking damages other than damages that meet the conditions under sub. (1), but the treble damages provision applies only to damages that meet the conditions under sub. (1).
History: 1989 a. 40.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 196 - Regulation of public utilities.
196.012 - Interstate commerce.
196.015 - Total service long-run incremental cost.
196.016 - Relationship to certain federal telecommunications law.
196.025 - Duties of the commission.
196.027 - Environmental trust financing.
196.029 - Energy administration.
196.03 - Utility charges and service; reasonable and adequate.
196.05 - Public utility property; valuation; revaluation.
196.06 - Uniform accounting; forms; books; office.
196.07 - Balance sheet filed annually.
196.08 - Audit and inspection.
196.10 - Construction; accounting.
196.11 - Profit sharing and sliding scales.
196.12 - Report by public utilities; items.
196.135 - Confidential handling of records.
196.137 - Municipal utility customer information.
196.14 - Public record exception.
196.15 - Units of product or service.
196.16 - Standard measurements; accurate appliances.
196.17 - Tests of meters; fees.
196.171 - Examination of meters, pipes, fittings, wires and works; entering buildings for.
196.175 - Construction and occupancy standards.
196.19 - Publish schedules; regulations; files; joint rates.
196.191 - Telecommunications utility and alternative telecommunications utility tariffs.
196.192 - Market-based compensation, rates and contracts.
196.193 - Water and sewer rate increases without hearings.
196.194 - Gas utility individual contracts.
196.195 - Alternative telecommunications regulation plans.
196.197 - Unbundled network elements.
196.198 - Local measured telecommunications service.
196.199 - Interconnection agreements.
196.20 - Rules on service; changes in rates.
196.201 - Regulation of private shared telecommunications systems.
196.202 - Exemption of commercial mobile radio service providers.
196.203 - Exemption of alternative telecommunications utilities.
196.204 - Local government telecommunications utilities.
196.205 - Election of rate regulation.
196.206 - Interconnected voice over Internet protocol service.
196.207 - Telephone caller identification services.
196.208 - Telecommunications pay-per-call and toll-free services.
196.212 - Switched access rates.
196.216 - Small telecommunications utilities as small businesses.
196.218 - Universal service fund.
196.219 - Protection of telecommunications consumers.
196.22 - Discrimination forbidden.
196.23 - Utility service for victims of misappropriated identifying information.
196.24 - Agents of commission; powers.
196.26 - Complaint by consumers; hearing; notice; order; costs.
196.28 - Summary investigations.
196.30 - Utilities may complain.
196.31 - Intervenor financing.
196.315 - Consumer advocate funding.
196.32 - Witness fees and mileage.
196.36 - Transcripts and tapes.
196.37 - Lawful rates; reasonable service.
196.371 - Rate-making principles for electric generation facilities.
196.372 - Financial assistance for lead-containing customer-side water service lines.
196.373 - Water heater thermostat settings.
196.374 - Energy efficiency and renewable resource programs.
196.375 - Adequate service; reasonable rates.
196.377 - Renewable energy sources.
196.378 - Renewable resources.
196.39 - Change, amendment and rescission of orders; reopening cases.
196.395 - Test, conditional, emergency and supplemental orders; order conditions.
196.40 - Orders and determinations; time of taking effect.
196.43 - Injunction procedure.
196.48 - Incriminating evidence.
196.485 - Transmission system requirements.
196.487 - Reliability of electric service.
196.494 - Regional transmission planning.
196.495 - Avoidance of duplication in electric facilities.
196.496 - Distributed generation facilities.
196.499 - Regulation of telecommunications carriers.
196.503 - Telecommunications provider of last-resort obligations.
196.504 - Broadband expansion grant program; Broadband Forward! community certification.
196.5045 - Telecommuter Forward! certification.
196.505 - Construction of chapter.
196.51 - Prior permits and franchises validated.
196.53 - Franchise, foreign corporation not to have.
196.54 - Indeterminate permits.
196.58 - Municipality to regulate utilities; appeal.
196.59 - Merchandising by utilities.
196.595 - Utility advertising practices.
196.60 - Discrimination prohibited; penalty.
196.604 - Rebates, concessions and discriminations unlawful.
196.605 - Telecommunications cooperatives with federal loans.
196.61 - Facilities in exchange for compensation prohibited.
196.625 - Discrimination by telecommunications utilities.
196.63 - Telecommunications interruption in crisis situation.
196.635 - Unbilled utility service.
196.64 - Public utilities, liability for treble damages.
196.642 - Customer liability for treble damages.
196.643 - Public utility service to rental dwelling unit.
196.65 - Penalties relating to information and records.
196.66 - General forfeiture provisions.
196.665 - Unlawful combinations, trusts.
196.68 - Municipal officers, malfeasance.
196.69 - Interference with commission's equipment.
196.70 - Temporary alteration or suspension of rates.
196.71 - Municipal public utility contracts.
196.72 - Accidents; public utility report; investigation.
196.74 - Electric lines; safety and interference.
196.745 - Construction and operation; safety; commission orders.
196.76 - Other rights of action; penalties cumulative.
196.78 - Voluntary dissolution.
196.79 - Reorganization subject to commission approval.
196.795 - Public utility holding companies.
196.796 - Real estate activities.
196.80 - Consolidation or merger of utilities.
196.807 - Energy affiliate and utility employees.
196.81 - Abandonment; commission approval required.
196.84 - Commission's holding company and nonutility affiliate regulation costs.
196.85 - Payment of commission's expenditures.
196.855 - Assessment of costs against municipalities.
196.857 - Stray voltage program.
196.858 - Assessment for telephone relay service.
196.859 - Assessment for telecommunications utility trade practices.
196.86 - Assessments for air quality improvement program.