Wisconsin Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)

Wisconsin's main consumer fraud statute, Wis. Stat. § 100.18, lets any person who suffered a pecuniary (money) loss because of a violation of that section sue to get the loss back, and a person who wins "shall recover" costs, including reasonable attorney fees. The violation it targets is an untrue, deceptive or misleading representation made "to the public" to sell something. There is no automatic doubling or tripling for an ordinary violation: the statute doubles the loss only when someone violates an injunction issued under it, and a separate section, § 100.20(5), doubles the loss for violating a DATCP order. The deadline is three years from the deceptive act.

Wisconsin also has a crypto ATM law. Under Wis. Stat. § 217.12, created by 2025 Wisconsin Act 226, a virtual currency kiosk operator may not take in or pay out more than $1,000 in cash to a customer in the same day, and must refund the full amount of a transaction, fees included, if within 30 days the customer told the operator and the Department of Justice, the Department of Financial Institutions or a law enforcement agency that it was fraudulent. Scam complaints go to the Department of Agriculture, Trade and Consumer Protection (DATCP), whose staff contact the business for you but cannot force it to fix the problem.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers Wisconsin state law: the fraudulent representations statute (Wis. Stat. § 100.18) and DATCP orders (§ 100.20), Wisconsin complaint offices, protections for older and at-risk adults, the virtual currency kiosk law (§ 217.12), the civil action for theft losses (§ 895.446), and Wisconsin court deadlines and small claims. Federal refund and reporting rights are summarized briefly and covered in depth on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in Wisconsin

Contact the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away, since that company is usually the one that can stop or reverse a payment. Your federal rights depend on how you paid; our guide on how to get money back after a scam walks through each payment method, and the Zelle and payment app guide covers app transfers. If your bank turned you down, see what to do when a bank refuses a scam refund.

If you paid through a crypto ATM, move fast for a different reason: Wisconsin's kiosk refund right depends on reporting within 30 days (details below).

Then report the scam. Most scams go to the FTC at ReportFraud.ftc.gov and online crime to the FBI's IC3; our where to report a scam guide lists every federal channel. The Wisconsin offices below are in addition to those, not instead of them.

Where to report a scam in Wisconsin

DATCP describes itself as "the state's primary consumer protection agency," and its Bureau of Consumer Protection has authority to regulate unfair business practices. You can also email the hotline at DATCPHotline@wisconsin.gov. The mailing address for complaints is DATCP Bureau of Consumer Protection, PO Box 8911, Madison, WI 53708-8911, and the online complaint page links to a Spanish-language version.

Be realistic about what a complaint does. DATCP's own words: "Although DATCP cannot force a business to resolve a complaint, this contact often results in a solution." A complaint is mediation by phone and letter, not a court order. It also does little against a scammer with no real business behind them; for those, the payment company and law enforcement are the routes that matter.

The table covers state-chartered institutions. A national bank or federal credit union is supervised by federal regulators, which this guide does not cover.

Wisconsin's consumer protection law: can you sue?

Sometimes. Wisconsin's private right to sue for deceptive representations is in Wis. Stat. § 100.18(11)(b)2:

"Any person suffering pecuniary loss because of a violation of this section by any other person may sue in any court of competent jurisdiction and shall recover such pecuniary loss, together with costs, including reasonable attorney fees, except that no attorney fees may be recovered from a person licensed under ch. 452 while that person is engaged in real estate practice"

Notice who can sue: "any person suffering pecuniary loss because of a violation." The paragraph does not limit the right to a defined "consumer" or to personal or household purchases. But you need two things: a loss of money or property, and a violation of § 100.18 that caused it.

What counts as a violation

Section 100.18(1) is aimed at selling. It bars a person or business, with intent to sell or otherwise dispose of real estate, merchandise, securities, employment, a service or "anything offered ... to the public," from making or placing "before the public" an "advertisement, announcement, statement or representation of any kind to the public" that "contains any assertion, representation or statement of fact which is untrue, deceptive or misleading."

That wording fits a deceptive ad, a misleading sales pitch or a false offer. It raises a harder question for many scams: the statute speaks of statements made "to the public," and a scammer often contacts one person directly by phone, text or email. The statute text does not say whether that covers a one-on-one contact, but the Wisconsin Court of Appeals has held that a statement made to one person may be a statement to "the public," and that buyers are no longer "the public" once a contract is made (Kailin v. Armstrong, 2002 WI App 70). Whether a particular scam contact qualifies depends on its facts, so ask a Wisconsin lawyer before relying on § 100.18.

The section has stated exclusions. Under § 100.18(12)(a), it "does not apply to the insurance business," and § 100.18(12)(b) limits claims against licensed real estate brokers and salespersons engaged in real estate practice to statements they made knowing they were untrue, deceptive or misleading.

What you can recover

For an ordinary violation, the recovery is your pecuniary loss plus costs, including reasonable attorney fees. The word is "shall": if you win, fees are part of the award, which makes a modest case more practical to bring. The paragraph does not provide for doubling, tripling or punitive damages for an ordinary violation.

Doubling applies in two narrower situations:

1. Violating a § 100.18 injunction. DATCP enforces § 100.18 and can go to court to stop a violation (§ 100.18(11)(a)). If a business or person then violates an injunction issued under the section, anyone who suffers pecuniary loss because of it "shall recover twice the amount of such pecuniary loss, together with costs, including reasonable attorney fees."
2. Violating a DATCP order. Under § 100.20(2)(a), DATCP may, after a public hearing, issue general orders forbidding trade practices it determines are unfair. Section 100.20(5) says: "Any person suffering pecuniary loss because of a violation by any other person of s. 100.70 or any order issued under this section may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee."

Whether a particular DATCP order covers your situation, and the deadline for a § 100.20(5) claim, depend on the specific order; this guide does not list them. A lawyer can check which order, if any, applies.

The deadline and notice

Section 100.18(11)(b)3 says: "No action may be commenced under this section more than 3 years after the occurrence of the unlawful act or practice which is the subject of the action." The clock runs from the act itself; this paragraph does not delay it until you discover the deception. Section 100.18(11)(b) contains no requirement to send a demand letter before suing.

The honest limit

A § 100.18 case needs a defendant you can identify, serve and collect from. That often works against a Wisconsin business, a contractor or a seller with a real address. It usually does not work against an anonymous scammer who called from a spoofed number or vanished with crypto, and a judgment does not help if nobody can be found to pay it. Our guide on when a lawyer helps after a scam covers how to tell the difference.

Another route: suing for theft by fraud

Wisconsin also lets a victim sue the person who took their property through a crime. Under Wis. Stat. § 895.446, "Any person who suffers damage or loss by reason of intentional conduct" prohibited by listed criminal statutes, including the theft statute, § 943.20, "has a cause of action against the person who caused the damage or loss." The victim proves the violation "by a preponderance of the credible evidence," and a criminal conviction "is not required to bring an action."

Theft under § 943.20(1)(d) includes obtaining title to someone's property "by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made." That describes many scams.

Under § 895.446(3), the victim may recover:

1. Actual damages.
2. "All costs of investigation and litigation that were reasonably incurred, including the value of the time spent by any employee or agent of the victim."
3. "Exemplary damages of not more than 3 times the amount awarded" as actual damages.

Two cautions. The exemplary damages are a ceiling a court may award, not an automatic tripling, and any recovery is reduced by restitution already received in a criminal case (§ 895.446(4)). This guide does not state the filing deadline for a § 895.446 claim; ask a Wisconsin lawyer. The same practical limit applies: you need someone you can find and collect from.

Protections for older adults in Wisconsin

Report it to the county. The Department of Health Services says: "If you suspect an elder adult or adult at risk has experienced, is experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation, call your county APS helpline." Reports go "to the county where the individual at risk lives," and an emergency goes to the police or 911. The DHS reporting page lists every county's number.

Wisconsin's elder abuse law defines financial exploitation to include "Obtaining an individual's money or property by deceiving or enticing the individual" (Wis. Stat. § 46.90(1)(ed)1). Section 46.90(4)(ab) requires certain people to report, including an employee of any entity that is "licensed, certified, or approved by or registered with the department," health care providers, and social workers, professional counselors and marriage and family therapists.

Banks and other providers can contact family. Wis. Stat. § 224.45, created by 2023 Wisconsin Act 132, applies to a "vulnerable adult," meaning an adult at risk or "an individual who is at least 65 years of age." A financial service provider that "has reasonable cause to suspect that a vulnerable adult is the victim or target of financial exploitation may convey the suspicion" to people such as a trusted contact the customer named, a co-owner, signatory or beneficiary on the account, or a known family member, as long as that person is not the suspected perpetrator. A provider acting in good faith is immune from liability for contacting, or electing not to contact, those people. The covered providers include state-chartered financial institutions, mortgage lenders, money transmitters and payday and title lenders.

Section 224.45 is a contact rule: its text authorizes providers to share a suspicion with those people, and it does not set out a power to hold or delay a transaction. If you are worried about a parent's account, naming a trusted contact with the bank and telling it directly that you suspect a scam are practical steps.

Theft from an at-risk person is a felony. Under § 943.20(3)(d)6, theft where "The property is taken from a patient or resident of a facility or program under s. 940.295 (2) or from an individual at risk" is a Class H felony, whatever the amount. An "elder adult at risk" is a person 60 or older "who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation" (§ 46.90(1)(br)). For other thefts, § 943.20(3) grades the crime by value, from a Class A misdemeanor at $2,500 or less up to a Class F felony above $100,000.

Higher penalties in state enforcement. Under Wis. Stat. § 100.264, a person fined or ordered to pay a forfeiture for violating § 100.18, § 100.20 or other listed sections can face a supplemental forfeiture of up to $10,000 for that violation if the conduct was perpetrated against an elderly person (62 or older) or a disabled person and the court finds one of the factors the statute lists. That is a penalty in a state enforcement case, not money a victim collects.

For fraud against anyone 60 or older, the federal DOJ National Elder Fraud Hotline (833-372-8311) can also help you report. Our elder fraud guide covers the federal side.

Wisconsin scam laws on the books

Crypto ATMs (virtual currency kiosks)

2025 Wisconsin Act 226, enacted April 8, 2026 and published April 9, 2026, created Wis. Stat. § 217.12 on virtual currency kiosks. The act sets no separate effective date, so it took effect the day after publication, April 10, 2026. Its main rules:

• License. "No person may engage in the business of operating virtual currency kiosks in this state unless the person is licensed under this chapter," meaning the state's money transmission law administered by DFI.
• Fraud warning. Each kiosk must display a "FRAUD ALERT!" on the front of the machine and on screen, and the customer must acknowledge it on screen before going ahead. The warning includes this line: "IF SOMEONE YOU DON'T KNOW IS ASKING YOU TO SEND VIRTUAL CURRENCY FROM THIS MACHINE, DO NOT PROCEED WITH THE TRANSACTION. LOSSES DUE TO FRAUDULENT OR ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE."
• Daily limit. An operator "may not accept from or dispense to a customer ... more than a total of $1,000 in fiat currency in the same day" (§ 217.12(6)(a)). The limit is not restricted to new customers.
• Refund. Section 217.12(6)(c) is the rule a victim needs:

"Upon request of a customer, a virtual currency kiosk operator shall issue a refund to the customer for the full amount of any transaction, including any fees charged in association with the transaction, if, not later than 30 days after the transaction, the customer contacted the virtual currency kiosk operator and the department of justice, the department of financial institutions, or a law enforcement agency to inform them of the fraudulent nature of the transaction."

Read the conditions together. Within 30 days of the transaction, you contact the kiosk operator and also one of the listed agencies (the Department of Justice, DFI, or a law enforcement agency), and then you request the refund. The kiosk receipt is required to list fraud-reporting agencies and the operator's refund policy, and operators must offer live toll-free customer service. DFI's notice puts it this way: "if the fraud is reported to both the kiosk operator and to law enforcement within 30 days of the transaction, you may be eligible for a refund under state law."

The statute does not define "fraudulent nature." If an operator will not respond, a complaint to DFI's licensed financial services division is the regulator route. Our crypto and investment scams guide covers reporting to federal agencies.

Canceling certain sales within three business days

The Wisconsin Consumer Act gives a customer "the right to cancel a consumer approval transaction until midnight of the 3rd business day after the merchant has given the notice to the customer" (Wis. Stat. § 423.202). Cancellation is by mail to the merchant and counts as given when mailed. Which sales are "consumer approval transactions" is defined elsewhere in the Act, so check with DATCP or a lawyer whether yours is one.

Telemarketing and unwanted calls

DATCP administers Wisconsin's telemarketing Do Not Call law and takes complaints about telemarketing and unsolicited calls and text messages through its complaint page. For how phone and text scams work, see our phishing, smishing and vishing guide.

Suing a scammer or a business in Wisconsin

Small claims. Under Wis. Stat. § 799.01(1)(d), small claims procedure covers civil actions for money judgments where the amount claimed is $10,000 or less. 2025 Wisconsin Act 105 raises that amount to $15,000 effective January 1, 2027. Small claims is the usual place for a modest claim against a business or person you can identify and serve.

Deadlines. A § 100.18 claim has the three-years-from-the-act limit above. A common-law fraud claim also has three years, but with a discovery rule. Section 893.93(1m)(b) covers "An action for relief on the ground of fraud," and says "The cause of action in such case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud." Older sources that give six years for fraud describe an earlier version of the law. Our Wisconsin statute of limitations guide covers other civil deadlines.

Who you can actually reach. Lawsuits work against people and businesses with a name, an address and assets. A scammer who hid behind a fake identity, a spoofed caller ID or an overseas account is usually not reachable through a Wisconsin court. In those cases the payment company, a fast report to law enforcement, and protecting your identity are where your effort pays off. If the scammer has your personal details, see what to do if a scammer has your information.

Related guides

• Scams and fraud: your rights and where to start
• How to get money back after a scam
• Where to report a scam
• Crypto and investment scams
• Elder fraud
• Tech support and fake invoice scams
• Wisconsin identity theft laws
• Wisconsin debt collection laws
• Wisconsin statute of limitations

Last updated: October 2, 2026.

This article is general legal information, not legal advice. For your specific situation, contact your payment company, the Wisconsin office named above, or a lawyer licensed in Wisconsin.

Frequently Asked Questions

Can I sue a scammer in Wisconsin?

Possibly, if you can identify and serve them. Wis. Stat. section 100.18(11)(b)2 lets any person who suffered pecuniary loss because of a violation of section 100.18 (an untrue, deceptive or misleading representation made to the public) recover the loss plus costs and reasonable attorney fees. Section 895.446 also allows a civil suit for losses from theft by fraud. An anonymous or overseas scammer is usually not reachable through a Wisconsin court.

Does Wisconsin award double or triple damages for consumer fraud?

Not for an ordinary section 100.18 violation, which yields the pecuniary loss plus costs and attorney fees. Twice the loss is available for violating an injunction under section 100.18 or a DATCP order under section 100.20(5). A section 895.446 theft claim allows exemplary damages of up to 3 times actual damages.

How long do I have to sue under Wis. Stat. 100.18?

Three years after the deceptive act or practice, under section 100.18(11)(b)3. The clock runs from the act, not from when you discovered it.

What is the statute of limitations for fraud in Wisconsin?

Three years under Wis. Stat. section 893.93(1m)(b), and the claim does not accrue until you discover the facts constituting the fraud. Sources that say six years describe an older version of the law.

Do I need to send a demand letter before suing under section 100.18?

Section 100.18(11)(b) contains no pre-suit notice requirement. A lawyer can tell you whether sending one makes sense in your case.

Will DATCP get my money back?

It may help. DATCP staff contact the business on your behalf, and the agency says this often results in a solution, but it also says it cannot force a business to resolve a complaint.

Can I get a refund from a Bitcoin ATM in Wisconsin?

Wis. Stat. section 217.12(6)(c) requires the operator, on your request, to refund the full transaction amount including fees if within 30 days of the transaction you contacted the operator and the Department of Justice, DFI or a law enforcement agency about the fraud. Report to both quickly.

What is the daily limit at a Wisconsin crypto ATM?

A kiosk operator may not accept from or dispense to a customer more than a total of $1,000 in cash in the same day, under Wis. Stat. section 217.12(6)(a).

Who do I call if an elderly person in Wisconsin is being scammed?

Call the Adult Protective Services helpline for the county where the person lives (the Department of Health Services lists every county), or 911 in an emergency. The DOJ Elder Fraud Hotline (833-372-8311) also helps with fraud against anyone 60 or older.

Can a Wisconsin bank freeze an account if it suspects elder fraud?

Wis. Stat. section 224.45 lets a financial service provider that suspects exploitation of someone 65 or older or an adult at risk share that suspicion with a trusted contact, co-owner or family member who is not the suspect. The section does not set out a power to hold transactions.

What is the small claims limit in Wisconsin?

$10,000 or less for money judgments under Wis. Stat. section 799.01(1)(d). Under 2025 Wisconsin Act 105, the limit rises to $15,000 on January 1, 2027.