(1) SUBSCRIPTION
TERMS. Except as provided under sub. (4) or (5), a provider shall disclose to a
consumer the material terms of a proposed subscription at or before the time
that the consumer subscribes. The disclosure shall include all of the
following:
(a) A clear identification of each
service offering included in the subscription, including the material consumer
features, functions or capabilities which comprise that service offering.
Note: For example, the identification of a video service
offering should identify the channels that comprise the offering.
(b) The price which the consumer
must pay for each service offering. Prices may be disclosed as price schedules,
rates or formulas, provided that the consumer can readily determine the total
amount which he or she must pay. The price shall include the price for all
goods and services which the provider bills to the consumer in connection with
the service offering.
(c) All
incidental charges that may affect the total amount payable by the consumer,
including charges for connecting, changing or disconnecting service. This
paragraph does not apply to finance charges or late payment charges if the
provider discloses all of the following in writing when the provider first
bills the consumer for the principal amount to which those finance charges or
late payment charges apply:
1. The
circumstances under which the finance charges or late payment charges will
apply.
2. The amount of the finance
charges or late payment charges, or the method for computing those charges if
their amount is not yet known.
(d) The effective date of the subscription
unless all of the following apply:
1. The
effective date depends on the action of a third party outside the provider's
control.
2. The provider discloses
a good faith estimate of the effective date and a means by which the consumer
may verify the effective date.
(e) The expiration date of the subscription,
if any.
(f) Any limitations on the
consumer's right to cancel the subscription at any time.
(2) DISCLOSURE IN WRITING. Except as provided
under sub. (3), a provider shall make the disclosures under sub. (1) in
writing. The provider shall disclose the material terms of the subscription in
context with each other, and shall not separate those material terms by
promotional information.
(3) ORAL
OR ELECTRONIC DISCLOSURE; WRITTEN CONFIRMATION. If a consumer subscribes orally
or electronically, the provider may make the disclosure under sub. (1) orally
or electronically, provided that both of the following apply:
(a) The provider confirms the disclosure in
writing on or before the 15th day after the consumer subscribes, or on or
before the day that the provider first bills the consumer under the
subscription, whichever is later. The provider may confirm the disclosure as
part of a regular billing statement to the consumer.
Note: A provider may incorporate by reference, in its
written confirmation under par. (a), information contained in a telephone book
or other periodic reference document provided to the subscriber.
(b) The provider does one of the
following:
1. Notifies the consumer that the
consumer may cancel the subscription at any time without incurring any
cancellation charge or disconnect fee.
2. Notifies the consumer that the consumer
may cancel the subscription, without incurring any cancellation charge or
disconnect fee, prior to a specified cancellation deadline which is not less
than 3 days after the consumer receives the written confirmation under par.
(a).
(4)
LONG DISTANCE TELECOMMUNICATIONS RATES; EXEMPTION. A provider of long distance
telecommunications services need not disclose specific long distance rates
under sub.
(1) if the provider discloses all
of the following under sub. (1):
(a) A method
by which the consumer may readily determine, without cost to the consumer, the
specific rate for long distance telecommunications service between two points.
Rates disclosures under this paragraph need not include discounts under par.
(b) that will apply.
(b) Any
discounts that will apply to long distance rates disclosed to the consumer
under par. (a).
(5) PAY-PER-VIEW VIDEO PROGRAMMING CHARGES;
EXEMPTION. A provider of pay-per-view video programming is not required to
disclose per-view charges under sub. (1) if all of the following apply:
(a) The consumer does not incur the per-view
charges unless the consumer specifically orders the services to which those
charges pertain.
(b) The provider
discloses the per-view charges at or before the time that the consumer orders
the services to which those charges pertain.
(c) The provider discloses under sub. (1) any
subscription charges which the consumer must pay for the right to order
pay-per-view services under par. (a).
