Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 127 - Direct Marketing
Subchapter II - Telephone Solicitations
Section ATCP 127.14 - Misrepresentations
Current through August 26, 2024
No seller may do any of the following, directly or by implication, in a telephone transaction:
(1) Misrepresent a seller's identity, affiliation, location or characteristics.
(2) Misrepresent the nature, purpose or intended length of a solicitation.
(3) Misrepresent the nature or terms of a telephone transaction, or any document related to that transaction.
(4) Misrepresent the cost of goods or services offered or promoted by a seller, or fail to disclose material costs payable by the consumer.
(5) Misrepresent the nature, quantity, material characteristics, performance or efficacy of the goods or services offered or promoted by a seller.
(6) Misrepresent or fail to disclose material restrictions, limitations or conditions on the purchase, receipt, use or return of goods or services offered or promoted by a seller.
(7) Misrepresent the material terms of a seller's refund, cancellation, exchange, repurchase or warranty policies.
(8) Misrepresent that a seller is offering consumer goods or services free of charge or at a reduced price.
(9) Misrepresent that a seller is affiliated with, or endorsed by, any government or 3rd-party organization.
(10) Represent that the seller has specially selected the consumer unless the representation is true and the seller concurrently discloses to the consumer the specific basis on which the seller makes the representation. The seller may not misrepresent that basis.
(11) Represent that the seller is conducting a special sales promotion, is making a special offer limited to a few persons, is making a special offer for a limited period of time, or is authorized to place the offered goods or services in a limited number of homes, unless the representation is true and the seller concurrently discloses to the consumer the specific basis on which the representation is made. The seller may not misrepresent that basis.
(12) Represent that the seller is participating in a contest or conducting a survey unless the representation is true and all of the following apply:
(13) Misrepresent any material aspect of a personal investment opportunity offered to the consumer, including any aspect such as risk, liquidity, earnings potential or profitability.
(14) Fail to disclose, in connection with every purported offer of free goods or services in a telephone transaction, any costs which the consumer must incur and any conditions which the consumer must meet in order to receive those free goods or services. This does not prohibit a combination offer that is covered by, and complies with, s. 100.18(2), Stats.
(15) Make any false, deceptive or misleading representation to a consumer.
(16) Cause, either directly or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information.
