Progressive Thinking

Wisconsin’s Department of Agriculture, Trade and Consumer Protection (DATCP) safeguards consumers from deceptive practices and services. This week, Senator Smith discusses 2022’s top ten list of most common consumer complaints, which describe many of the ways DATCP can help consumers protect themselves from fraud.

MADISON - The Department of Agriculture, Trade and Consumer Protection (DATCP) may be the most diverse agency in our state. It’s often referred to simply as the “Department of Ag,” which is understandable since agriculture is such an important industry to Wisconsin. “Trade” covers all of our industries and how we transport goods across the globe. But we often forget the immense responsibility the state and DATCP have for protecting consumers.

In 2022, DATCP worked to resolve over 11,000 consumer complaints, reaching settlements that returned millions of dollars to Wisconsin consumers like you. The top ten complaints they received may resonate with many of us, who experience similar frustrations in our day-to-day lives.

In the style of David Letterman, here’s what they reported:

10. There were 184 complaints around new and used auto sales last year, including reports of inadequate disclosures and misleading representations in advertisements.

9. New to the top ten list was home furnishings. The Department received 189 complaints, including failure to provide services or deliver goods, along with misleading practices.

8. Also new to the top ten this year were health and medical products. 217 of the complaints involved billing disputes, failure to deliver and refund policy concerns, among other issues.

7. 224 complaints had to do with travel, which includes vehicle rentals, airline service, hotel complaints and travel company bundling. Billing disputes, refund policy and just plain unsatisfactory service were among the complaints.

6. Medical services are a category separate from medical products. There was a 60% increase in medical services complaints, with 440 complaints filed. Billing disputes and deceptive practices topped the list. A practice known as “surprise billing,” when a patient receives an unexpected bill from an out-of-network provider or facility, was among the most common complaints. A federal law went into effect in 2022 to protect patients from surprise billing, but it’s still very important for consumers to report any failures complying with this new law.

5. Identity theft was the fifth most common complaint. DATCP handled 513 complaints in this category last year. The Department can help recover and secure your identity from further fraud, and spends time with consumers educating them on how they can avoid having their identity stolen in the future.

4. A common frustration all of us can relate to are telecommunications issues. Cell phone and internet providers might misrepresent the service they provide, or sometimes unfairly terminate service. DATCP handled 655 telecommunications complaints last year.

3. Whenever disaster hits, DATCP issues warnings about fly-by-night roofing, siding or other construction contractors. Last year the agency received 1,216 complaints about home improvement services, more than double last year’s number. Complaints included failure to honor warranties, failure to properly disclose lien waivers, poor workmanship and sometimes just failing to provide services or materials as promised.

2. A pet peeve of many, and a complaint I hear time and again, is telemarketing. In fact, my office receives at least a call a day trying to sell us life insurance. Telemarketing resulted in 1,651 complaints, but I’m sure that represents only a tiny fraction of the number of calls that could be reported. Robocalls, phishing, imposter calls and harassment complaints top the list. Even the Wisconsin Do Not Call Registry cannot block all of these calls, as many disregard the list and call anyway. Keep reporting and be vigilant for scams and fraudulent claims.

1. The number one category of complaints involved landlord-tenant complaints. When disputes cannot be resolved between a landlord and a tenant, DATCP gets the call. That happened 1,912 times in 2022. Top complaints included failure to return a security deposit, eviction, unauthorized entry and structural issues.

It’s always good to be wary of deceptive advertising, calls and promotions, but it sure is good to know we have a watchdog like DATCP. If any of the situations described above sound familiar to you, if you find yourself in a situation you feel is unfair or you are being cheated, call the Consumer Protection Hotline at (800) 422-7128 or email DATCP at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . It’s important for Wisconsinites to know resources are available to them and the experts at DATCP are working for us.

MADISON - On Tuesday, there was a press conference in the Senate Parlor in the State Capitol on the Wisconsin Supreme Court race, and I made a few brief comments. Here’s basically what I said, though I’m an inveterate ad libber:

Freedom Is on the Ballot for Wisconsin Supreme Court

That evening, President Biden gave his State of the Union address, which I admired for its defense of democracy, voting rights, and equal protection. Here’s what I wrote about it:

Biden Stands Up for Democracy in State of the Union

The staff’s been busy this week chronicling all the money from last November’s election.

To see who the biggest corporate donors were to the political parties, check out this post:

State Parties, Legislative Campaign Committees Accepted Record Corporate Contributions in 2022

And we also tracked all the money in the legislative races, with 12 of them topping the $1 million mark, as you’ll see here:

Candidates, Groups Spent $41.1M in 2022 Legislative Elections

If you’re free on Saturday afternoon in Milwaukee, by the way, I’ll be on the Vel Phillips Forum panel at Turner Hall: "Wisconsin Supreme Court Election 2023: What’s at stake for Wisconsin Voters? If you’re there, please say hi.

Best,

Matt Rothschild
Executive Director
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The theme for Black History Month 2023 is Black Resistance. This month serves as a reminder that the fight for racial and social equity is nowhere near finished, and none of us should be on the sidelines.

MADISON - When the state of Wisconsin first tried for statehood in the 1840s, Wisconsin’s constitution allowed for referenda to expand suffrage to new groups. Activists wasted no time in getting Black suffrage on the ballot. Wisconsin’s first referendum for Black suffrage failed in 1847, but two years later in 1849 Black suffrage was approved by voters.

In reality, however, African-Americans would wait twenty years to exercise their franchise. In 1866, Ezekiel Gillespie, a prominent member of Milwaukee’s Black community, sued for the right to vote. The case went all the way to the Wisconsin Supreme Court, which affirmed that Black men had the right to vote since the 1849 referendum.

This illustrates one of the most enduring lessons Americans have learned from struggles for equality. Just as Black men in Wisconsin had to wait to exercise their franchise, equality under the law has not always translated to equality in practice. Commitment and courageous action of individuals defied the odds against an entire system of injustice.

From the early years of the Republic through the Civil Rights movement into the present, many courageous Black Americans have made their voices heard while facing physical violence or even death. Too often, narratives – written by white authors – focus on Black victimhood. That is not the story we need to tell.

The theme for Black History Month this year is Black Resistance. This is meant to reframe the conversation about Black history around a theme of empowerment. By celebrating Black Resistance, we honor Black people throughout Wisconsin’s history and rightly center their experiences and their accomplishments. While there are many important Black leaders that we celebrate by name, there are even more heroes whose names we’ve never heard. It takes the efforts of many to accomplish sweeping change.

A quick glance at the news will show you many Americans who have a difficult time believing that racism still exists in our country. Since before America’s founding, both American leaders and the American populace have ignored so many brutal injustices, both individual and systemic. For decades, politicians have been aware of racial disparities in America. Yet it seems our country’s leaders either deny the disparities completely or only give lip service to how terrible they are, taking no meaningful action.

Meanwhile, the legacy of racism continues to impact Black communities and individuals, from income disparities impacting communities of color, to horrific acts of violence fueled by hatred, to stereotypes broadcast in the media. Any effort to eradicate racial injustice requires a comprehensive and multi-pronged approach. This injustice has impacted every aspect of our society, and there are no simple answers when it comes to untangling hundreds of years of bias and oppression.

Racial injustice cannot be fully addressed on an individual level. It is not enough to simply educate individuals; we must change the institutions that treat some citizens differently from others. Atoning for centuries of racism and discrimination is an effort that requires systemic and transformative social change.

As I’ve discussed in previous columns, it is the job of legislators to evaluate state laws and change them when they are out-of-date. As state legislators and leaders, it’s our job to prioritize racial equality in our legislative work. We do this by introducing new legislation to tackle problems, but also by removing barriers to inequality that are currently ingrained in our laws.

As an ally and a public servant, I remain committed to working toward a more just and equitable future for all Wisconsinites. I am here to listen and learn. The fight for racial and social equity is nowhere near finished, and none of us should be on the sidelines.

Senator Smith writes about the different levels of local government and the importance of ensuring that the legislature funds them adequately.

MADISON - “Where do you live?”

There are a lot of ways to answer that question. I live in the United States, in the state of Wisconsin, in Eau Claire County, and in the town of Brunswick. Each of these jurisdictions is a “unit of government” and each has its own powers and responsibilities.

The term “local units of government” can mean cities, villages, towns or counties. Each of these local subdivisions has its own role and its own kind of authority. Each has limits to its powers, as determined by statute, and there are differences in the way each is governed and operated.

Seventy percent of Wisconsin’s population live in a city or village. Cities and villages are both created by the state, which delegates authority to local units of government. Our constitution describes these units of government as “home rule,” which means they have the ability to govern themselves as they see fit, so long as they abide by the state and federal law.

Home rule is meant to ensure that cities and villages are able to be responsive to local concerns. Villages and cities have their own legislative branches, known as city councils or village boards. Members of the council or board can determine policy locally, as long as it does not conflict with the state or federal constitutions.

Many cities, like La Crosse, elect a mayor who works with the council. Others, like Eau Claire, operate with a hired city administrator who answers to the elected city council. In cities, city council members can be elected at-large (representing the entire city) or by districts.

Most Wisconsin villages elect a board president and board members. The Board of Trustees or village board, which acts as the legislative branch, is generally elected at-large.

In contrast, Wisconsin towns are not home rule entities, but their authority is granted by state law. Voters elect a town board, but citizen participation may be exercised at annual meetings and special meetings called for specific purposes.

Voters in a town can exercise direct powers, such as approving a tax levy to fund an improvement for the community or reorganizing local government. State law also allows town voters to grant authority to the town board to acquire property or exercise zoning authority.

I highly recommend you attend one of these meetings. They offer great examples of direct democracy in action. This kind of direct participation in democracy is a rare experience, otherwise only experienced by those who have been duly elected and sworn in.

While cities and villages have constitutional powers of home rule, and towns offer more power to citizens in special meetings, counties are very different. Counties are the administrative arms of our state government. The members of the legislative body of the county are usually called county supervisors.

As in cities, some counties have an elected county executive, while others have a county administrator appointed by the county board of supervisors. While the method of appointment differs, responsibilities are the same across the state. Counties only perform functions that are expressly allowed or mandated by state statute or the constitution.

The state gives counties responsibility for a broad swath of services mandated by the state. These include road maintenance, jail and law enforcement, court administration, public health, human services, libraries, vital records, land conservation, property tax collection and elections.

The problem comes when the state’s requirements are not supported by the funding necessary to fulfill those services. In areas like education and criminal justice, there are many examples of the legislature mandating services but not funding them. This impedes the ability of local units of government to provide essential services to our citizens.

As we enter into this year’s budget deliberations, it’s important to consider all that we expect from our local units of government and provide the resources they need to meet those expectations. As state legislators, as county supervisors, as city alderpersons, as village board members and as town supervisors, we are all elected to make sure the citizens of Wisconsin prosper. Let’s make sure we are doing everything we can to make that possible.

Matt Rothschild of the Wisconsin Democracy Campaign continues his report on money in politics with the Secretary of State race.

MADISON - Candidates and special interest groups spent a record $1.16 million in the race for Wisconsin secretary of state in 2022, a Wisconsin Democracy Campaign review shows.

The race drew seven candidates, including three Republicans, two Democrats, and two minor party candidates, who spent a combined $872,324. The leading spender was Republican challenger Amy Loudenbeck, who dropped $501,356. She survived the GOP primary to face incumbent Democrat Doug La Follette, who spent $229,689 and won reelection.

Five groups spent a total of $288,824 in the race.

One group, Election Integrity PAC, spent $192,868 to support one of the Republican candidates who lost in the Aug. 9 primary to Loudenbeck.

The four remaining groups – Voces de la Frontera, Blue Sky Waukesha, NextGen Climate Action, and BLOC PAC – spent a total of $95,956 to support La Follette or his Democratic primary opponent.

Spending in the 2022 contest eclipsed spending by candidates and groups in previous secretary of state races by a lot. In 2018, the four candidates spent a total of $26,782 with no spending by outside groups. In 2014, eight candidates spent a combined $122,126 with no outside spending. And in 2010, the candidates spent $1,126 and one electioneering group dropped $71.

Allies of former President Trump, who has falsely claimed the 2020 presidential election was stolen from him due to voter fraud, sought to put pro-Trump supporters in key election posts running up to the 2024 presidential election. Trump has announced he will be a presidential candidate in 2024.

Secretary of State races in Wisconsin and throughout the country drew more candidates and outside spending in 2022 than most previous elections because that office oversees or certifies election results in numerous states, but not Wisconsin.

During the campaign, Loudenbeck said she would welcome the office having a larger role in administering elections in Wisconsin.