(1) DISCLOSURES
REQUIRED. In a telephone transaction, a seller shall disclose all of the
following to a consumer before the consumer enters into any purchase contract,
and before the seller takes the consumer's credit card number or accepts any
payment from the consumer:
(a) The nature and
quantity of consumer goods or services included in the sale.
(b) The total cost to purchase and receive
the consumer goods or services.
(c)
All material terms and conditions affecting the sale, receipt or use of the
consumer goods or services, including credit terms if any.
Note: Consumer credit disclosures under par. (c) must
comply with applicable requirements under ch. 422, Stats., and federal
law.
(d) The name of the
principal seller.
Note: For example, a telemarketing firm making
solicitations on behalf of another company must disclose the name of the
company for which it is acting as agent.
(e) At least one of the following:
1. The principal seller's mailing
address.
2. A local or toll-free
telephone number, answered during normal business hours, at which the consumer
may contact the principal seller and obtain the principal seller's
address.
(f) The
seller's policy related to refunds, cancellations, exchanges or repurchases if
any of the following apply:
1. The seller has
a policy that prevents or substantially limits refunds, cancellations,
exchanges or repurchases.
2. The
seller makes any claim or representation regarding refunds, cancellations,
exchanges or repurchases.
(2) FORM OF DISCLOSURE. A seller shall make
the disclosures under sub.
(1) in writing,
except that a seller may make the disclosures orally if at least one of the
following applies:
(a) The seller confirms the
disclosures in writing at or before the time the seller first delivers the
consumer goods or services to the consumer, and before the seller submits any
credit card sales draft for payment or takes any other payment from the
consumer.
(b) The seller does both
of the following in writing at or before the time the seller first delivers
consumer goods or services to the customer:
1. Confirms the oral disclosures.
2. Discloses, in substance, that the consumer
may cancel the sale after the first delivery and obtain a full refund. The
seller may specify a cancellation deadline, provided that the deadline is at
least 7 days after the first delivery.
(3) LANGUAGE OTHER THAN ENGLISH.
(a) If the primary language used in a
telephone solicitation is not English, the seller shall make the disclosures
under sub.
(1) in the language primarily
used.
(b) If the primary
language used in a telephone transaction is not English, every written
agreement signed by the consumer shall be in English and the language primarily
used.
