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 127.18 - Record keeping

Universal Citation: WI Admin Code ยง ATCP 127.18

Current through August 26, 2024

(1) RECORDS REQUIRED. A seller engaged in telephone transactions shall keep all of the following records related to those transactions:

(a) Copies of all telephone solicitation scripts, and all sales and promotional materials used in telephone transactions. This paragraph does not require a seller to keep duplicate copies of substantially identical documents.

(b) The following records related to each prize which the seller offers or awards to consumers if the seller represents to any consumer, directly or by implication, that the prize has a value of $25 or more:
1. An identification of the prize.

2. The name and last known address of every consumer who received the prize.

(c) The name and last known address of every consumer who purchased goods or services in a telephone transaction with the seller, the date on which the consumer purchased those goods or services, the date on which the seller provided those goods or services to the consumer, and the amount which the consumer paid for those goods or services.

(d) The following information related to every individual who has made telephone solicitations as the seller's employee or agent:
1. The individual's name, last known address, and telephone number.

2. Every fictitious name which the individual has used when making telephone solicitations. No seller may permit more than one employee or contract agent to use the same fictitious name.

3. The individual's job title or titles.

(e) All verifiable authorizations required under s. ATCP 127.10.

(2) KEEPING RECORDS.

(a) A seller shall keep each record required under sub. (1) for at least 2 years after the seller creates that record.

Note: A seller may keep records required under sub. (1) in the form, manner, format, and place in which the seller would normally keep those records in the ordinary course of business.

(b) The department, pursuant to an investigation of possible violations of this subchapter, may ask a seller to provide copies of records under sub. (1) that are reasonably relevant to that investigation. The seller shall provide the requested copies within a reasonable time specified by the department.

Note: See ss. 93.15 and 93.16, Stats.

(c) An agent engaged in telephone transactions on behalf of a principal seller need not keep duplicate copies of records which that principal seller keeps according to this section. A principal seller who contracts to have an agent keep records for the principal seller need not keep duplicate copies of records which that agent keeps according to that contract and this section. An employee need not keep duplicate copies of records that his or her employer keeps according to this section.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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