Wisconsin Statutes

Wis. Stat. § 704.95 (2026)

Practices regulated by the department of agriculture, trade and consumer protection

✓ current as of July 2026

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704.95704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of s. 704.28 or 704.44 may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and consumer protection may not issue an order or promulgate a rule under s. 100.20 that changes any right or duty arising under this chapter.

704.95 HistoryHistory: 2011 a. 143; 2013 a. 76.

704.95 AnnotationThis section prohibits the Department of Agriculture, Trade and Consumer Protection from making different any right or duty originating from this chapter. Regarding security deposits, those rights or duties in s. 704.28 pertain only to the incurred costs a landlord can lawfully withhold from a tenant’s security deposit and the time within which a landlord must return that deposit. Any obligation of a landlord to provide a withholdings statement to a tenant arises only under s. ATCP 134.06 (4), Wis. Adm. Code. Given that this chapter is silent on the topic of withholdings statements, nothing in s. ATCP 134.06 (4), Wis. Adm. Code, regarding withholdings statements “alters” or “makes different” anything originating from this chapter. This section thus has no bearing on the department’s rulemaking authority over that subject matter. State v. Lasecki, 2020 WI App 36, 392 Wis. 2d 807, 946 N.W.2d 137, 18-2340.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2020–2025 · leading case: State v. Troy R. Lasecki, 2020 WI App 36 (Wis. Ct. App. 2020).

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State v. Troy R. Lasecki, 2020 WI App 36 (Wis. Ct. App. 2020). · cites it 21× “§ 704.95. 6 No. 2018AP2340-CR ¶13 Lasecki alternatively argues that he cannot be held criminally liable for failing to comply with WIS.”

Kimesha Williams v. Dist. Council of Madison Inc., 2021 WI App 62 (Wis. Ct. App. 2021). · cites it 3× “§ 704.95. But § 704.95 could apply here only if Williams had an argument that § ATCP 134.”

Hoke v. Johnson (E.D. Wis. 2022). · cites it 4× “Similarly, as to Plaintiffs’ claim under Wis. Stat. § 704.95 , Section 704.95 provides that violations of Section 704.”

Dessa Bearden v. Wisconsin Dep't of Agric., Trade, & Consum. Prot. (Wis. Ct. App. 2025). “§ 704.95, states that “[p]ractices in violation of … [§] 704.”

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