943.48 Telecommunications; civil liability.
(1) Any person who incurs injury as a result of a violation of s. 943.45 (1), 943.455 (2), 943.46 (2) or 943.47 (2) may bring a civil action against the person who committed the violation.
(1m) Except as provided in sub. (2), if the person who incurs the loss prevails, the court shall grant the prevailing party actual damages, costs and disbursements and may grant the prevailing party reasonable attorney fees that do not exceed the amount of actual damages.
(2) If the person who incurs the loss prevails against a person who committed the violation willfully and for the purpose of commercial advantage or prevails against a person who has committed more than one violation of s. 943.45 (1), 943.455 (2), 943.46 (2) or 943.47 (2), the court shall grant the prevailing party all of the following:
(a) Except as provided in subs. (2g) and (2r), not more than $10,000.
(b) Actual damages.
(c) Any profits of the violator that are attributable to the violation and that are not taken into account in determining the amount of actual damages under par. (b).
(d) Notwithstanding the limitations under s. 799.25 or 814.04, costs, disbursements and reasonable attorney fees.
(2g) If the court finds that the violation was committed willfully and for the purpose of commercial advantage, the court may increase the amount granted under sub. (2) (a) to an amount not to exceed $50,000.
(2r) If the court finds that the violator had no reason to believe that the violator's action constituted a violation of this section, the court may reduce the amount granted under sub. (2) (a).
(3) If damages under sub. (2) (c) are requested, the party who incurred the injury shall have the burden of proving the violator's gross revenue and the violator shall have the burden of proving the violator's deductible expenses and the elements of profit attributable to factors other than the violation.
(4) In addition to other remedies available under this section, the court may grant the injured party a temporary or permanent injunction.
History: 1993 a. 496; 2013 a. 89.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 943 - Crimes against property.
943.011 - Damage or threat to property of witness.
943.012 - Criminal damage to or graffiti on religious and other property.
943.013 - Criminal damage; threat; property of judge.
943.014 - Demolition of historic building without authorization.
943.015 - Criminal damage; threat; property of department of revenue employee.
943.02 - Arson of buildings; damage of property by explosives.
943.03 - Arson of property other than building.
943.04 - Arson with intent to defraud.
943.05 - Placing of combustible materials an attempt.
943.065 - Injury caused by arson: treble damages.
943.07 - Criminal damage to railroads.
943.11 - Entry into locked vehicle.
943.12 - Possession of burglarious tools.
943.125 - Entry into locked coin box.
943.14 - Criminal trespass to dwellings.
943.143 - Criminal trespass to an energy provider property.
943.145 - Criminal trespass to a medical facility.
943.15 - Entry onto a construction site or into a locked building, dwelling or room.
943.201 - Unauthorized use of an individual's personal identifying information or documents.
943.202 - Unauthorized use or possession of a credit card scanner.
943.203 - Unauthorized use of an entity's identifying information or documents.
943.205 - Theft of trade secrets.
943.207 - Transfer of recorded sounds for unlawful use.
943.208 - Recording performance without consent of performance owner.
943.209 - Failure to disclose manufacturer of recording.
943.215 - Absconding without paying rent.
943.22 - Use of cheating tokens.
943.225 - Refusal to pay for a motor bus ride.
943.23 - Operating vehicle without owner's consent.
943.24 - Issue of worthless check.
943.245 - Worthless checks; civil liability.
943.26 - Removing or damaging encumbered real property.
943.27 - Possession of records of certain usurious loans.
943.28 - Loan sharking prohibited.
943.30 - Threats to injure or accuse of crime.
943.31 - Threats to communicate derogatory information.
943.34 - Receiving stolen property.
943.37 - Alteration of property identification marks.
943.392 - Fraudulent data alteration.
943.395 - Fraudulent insurance and employee benefit program claims.
943.40 - Fraudulent destruction of certain writings.
943.41 - Financial transaction card crimes.
943.45 - Theft of telecommunications service.
943.455 - Theft of commercial mobile service.
943.46 - Theft of video service.
943.47 - Theft of satellite cable programming.
943.48 - Telecommunications; civil liability.
943.49 - Unlawful use of recording device in motion picture theater.
943.50 - Retail theft; theft of services.
943.51 - Retail theft; civil liability.
943.55 - Removal of shopping cart.
943.60 - Criminal slander of title.
943.61 - Theft of library material.
943.62 - Unlawful receipt of payments to obtain loan for another.
943.74 - Theft of farm-raised fish.
943.75 - Unauthorized release of animals.
943.76 - Infecting animals with a contagious disease.
943.81 - Theft from a financial institution.
943.82 - Fraud against a financial institution.
943.84 - Transfer of encumbered property.
943.85 - Bribery involving a financial institution.
943.86 - Extortion against a financial institution.
943.87 - Robbery of a financial institution.
943.88 - Organizer of financial crimes.