Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 127 - Direct Marketing
Subchapter III - Mail Solicitations
Section ATCP 127.44 - Misrepresentations

Universal Citation: WI Admin Code ยง ATCP 127.44

Current through August 26, 2024

No seller may do any of the following, directly or by implication, in a mail transaction:

(1) Misrepresent a seller's identity, affiliation, location or characteristics.

(2) Misrepresent the nature or purpose of a mail solicitation.

(3) Misrepresent the nature or terms of a mail 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) Misrepresent that the seller has specially selected the consumer.

(11) Misrepresent 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.

(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:

(a) The seller first makes all of the opening disclosures under s. ATCP 127.32.

(b) The seller concurrently discloses the name of the contest or survey sponsor, and the specific terms of the contest or survey.

(c) The seller concurrently discloses that the seller is attempting to sell goods or services, or to obtain information to identify sales prospects, if that is the case.

(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 mail 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.

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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