Current through August 26, 2024
(1) REGISTRATION
REQUIRED.
(a) No person may employ or
contract with any individual to make telephone solicitations to covered
telephone customers unless one of the following applies:
1. That person is currently registered with
the department under this section. This registration covers telephone
solicitations made by individuals acting as employees or agents of the
registrant.
2. The telephone
solicitations are covered by a registration under par. (b).
(b) A person who sells property,
goods, or services may register under this section on behalf of a person who
employs or contracts with individuals to make telephone solicitations promoting
the purchase of property, goods, or services from the registrant. This
registration covers telephone solicitations that those individuals make for
that purpose. It does not cover telephone solicitations promoting the purchase
of property, goods, or services from persons other than the registrant.
Note: For example, an insurance company may
register under par. (b) on behalf of a self-employed insurance agent whose
employees telemarket that company's insurance. But that registration does not
cover the agent's employees when they telemarket another company's
insurance.
(c) No
individual may make a telephone solicitation to a covered telephone customer
unless the telephone solicitation is covered by a registration under this
section.
(2) ANNUAL
REGISTRATION. To register under this section, a person shall complete an annual
registration form provided by the department. The registrant shall file, with
the registration form, all quarterly fee installments required under sub. (3m).
The registration form shall include all the following:
(a) The registrant's correct legal name, and
all trade names under which the registrant does business.
(b) The registrant's principal business
address and telephone number. The business address shall include street
address, zip code, state or province, and nation.
(c) The registrant's federal tax
identification (FEIN) number.
(d)
The name and address of the registrant's registered agent in this state, if
any.
(e) The name and address of a
person who will accept service of process on behalf of the registrant, if other
than a registered agent under par. (d).
(f) The name, address, and telephone number
of a person who may respond, on behalf of the registrant, to department notices
and inquiries.
(g) The number of
telephone lines that will be used to make telephone solicitations under the
registration.
(h) The telephone
number assigned to each telephone line counted under par. (g).
(i) The number of individuals who will make
telephone solicitations under the registration. The registrant shall provide
the names of the individuals if the department requests those names. A person
who registers under sub. (1) (b) on behalf of another person shall identify
that other person.
(j) The
registrant's valid subscription access number (SAN) for the national
do-not-call registry.
(3) FEES. A person registering under sub. (2)
shall pay the following annual fees, or an annual fee of $20,000, whichever is
less:
(a) A basic annual registration fee of
$700 for the first year of registration, and $500 for each subsequent
year.
(b) A supplementary annual
fee of $75 for each telephone line identified under sub. (2) (g). This fee does
not apply if the registrant identifies fewer than 4 telephone lines under sub.
(2) (g).
(3m) QUARTERLY
INSTALLMENTS. A registrant shall pay the annual fees under sub. (3) in
quarterly installments, as follows:
(a) The
first quarterly installment is due by the first day of the registration year,
or on the date of initial registration, whichever is later.
(b) The second quarterly installment is due
on March 1 of the registration year, or on the date of initial registration,
whichever is later.
(c) The third
quarterly installment is due on June 1 of the registration year, or on the date
of initial registration, whichever is later.
(d) The fourth quarterly installment is due
on September 1 of the registration year, or on the date of initial
registration, whichever is later.
(4) REGISTRATION EXPIRES. A registration
under this section expires on November 30 of each year.
(5) REDUCTION OR WAIVER OF QUARTERLY
INSTALLMENTS. The department may reduce or waive one or more quarterly
installments under sub. (3m) if the department's projected fiscal-year-end cash
balance in the appropriation under s.
20.115(8) (jm), Stats., exceeds the department's
projected fiscal year expenditures from that appropriation during that fiscal
year by at least 15%. A reduction or waiver, if any, shall apply to all
registrants. A reduction, if any, shall be a uniform percentage reduction in
the quarterly installment that a registrant would otherwise pay. A reduction or
waiver of a quarterly installment reduces, by the amount of that reduction or
waiver, the annual fee required under sub. (3).
(6) UPDATED INFORMATION. A registrant shall
do all the following whenever there is a material change in the information
provided under sub. (2) during a registration year:
(a) Notify the department of the
change.
(b) Pay any additional fees
owed for that registration year as a result of the change.
