(1) DISCLOSURE REQUIRED. Except as provided
under sub. (2), no provider may initiate any price increase or other
subscription change without giving the consumer prior notice of that price
increase or subscription change. The provider shall give the notice at least 25
days, but not more than 90 days, prior to the subscription change. The provider
may give the notice as part of a regular billing statement to the consumer.
Note: Section
100.209(2),
Stats., requires a multichannel video programming distributor, as defined in
47
USC 522(13), to give a
consumer at least 30 days advance written notice before deleting a service or
instituting a rate increase.
(2) EXEMPTIONS. Subsection (1) does not apply
if any of the following apply:
(a) The
consumer orders the subscription change, and the provider complies with s.
ATCP 123.02 in connection with that order.
(b) The subscription change does not alter
the price of the service offering or the total amount billed to the consumer,
and does not materially alter the consumer features, functions or capabilities
which comprise the service offering.
(c) The subscription change merely expands a
service offering currently billed to the consumer without doing any of the
following:
1. Increasing the price of that
service offering or increasing the total amount billed to the
consumer.
2. Combining that service
offering with another service offering which the consumer can order separately,
but which the consumer has not affirmatively ordered.
3. Making other material changes to the
consumer features, functions or capabilities which comprise that service
offering.
(d) The
subscription change results from the expiration of terms granted to the
consumer under an introductory or other promotional offer, provided that the
provider disclosed both of the following to the consumer at or before the time
that the consumer subscribed:
1. The duration
of the promotional offer.
2. The
terms that would apply after the promotional offer expired.
(e) The subscription change is
limited to a change in long distance rates that are exempt from disclosure
under s.
ATCP 123.02(4).
(f) The subscription change is limited to a
change in pay-per-view video programming charges that are exempt from
disclosure under s.
ATCP 123.02(5).
(g) Section
ATCP 123.12 exempts the subscription change from coverage
under this chapter.
(3)
DISCLOSURE FORM AND CONTENTS. A provider shall make the disclosure under sub.
(1) in writing. The disclosure shall do all of the following:
(a) Clearly describe the proposed
subscription change, including any change in price, and any material change in
consumer features, functions or capabilities.
Note: See s.
ATCP 123.06 related to negative option billing.
(b) Specify the effective date of
the proposed change.
(c) Disclose
that the consumer may cancel any service offering directly or indirectly
affected by the change, without incurring a cancellation charge or disconnect
fee, effective not later than the effective date of the subscription change.
This disclosure is not required if, under the terms of the subscription, the
consumer may cancel service offerings at any time without incurring a
cancellation charge or disconnect fee.
