Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 127 - Direct Marketing
Subchapter V - Telephone Solicitations; State Do-Not-Call Registry
Section ATCP 127.83 - Telephone solicitation practices

Universal Citation: WI Admin Code ยง ATCP 127.83

Current through August 26, 2024

(1) Persons making telephone solicitations shall comply with applicable requirements in subchapter II.

(2) No person may do any of the following:

(a) Make a telephone solicitation in violation of s. ATCP 127.81 or 127.82.

(b) Use an electronically prerecorded message in a telephone call for the purpose of encouraging a covered or noncovered telephone customer to purchase property, goods or services, without first obtaining a written agreement that contains the telephone number and signature of the customer to be called. The agreement shall disclose in writing that the customer is not required to sign the agreement as a condition of making a purchase and, by signing the agreement, the customer authorizes telemarketing calls from that person. This paragraph does not apply if that person meets the provisions of s. ATCP 127.80(10) (a) or (b).

Note A written agreement and disclosures may be in an electronic form as provided in s. 137.15, Stats.

(c) Make a telephone solicitation to a noncovered telephone customer if the noncovered telephone customer has notified the person by mail including electronic mail that the noncovered telephone customer does not wish to receive telephone solicitations.

(d) Require, instruct or authorize any person to violate this subchapter, or knowingly facilitate any person's violation of this subchapter.

(e) Use caller-ID blocking when making a telephone solicitation.

(f) Falsify any information required under this subchapter.

(3) A person making a telephone solicitation to a covered telephone customer shall give the call recipient, at the call recipient's request, the number of the registration under s. ATCP 127.81 that covers the telephone solicitation.

(4) A person making a telephone solicitation to a noncovered telephone customer shall give the call recipient, at the call recipient's request, a mailing address or email address to which the noncovered telephone customer may submit a written notice under sub. (2) (c). The person shall provide the mailing address or email address within 10 days after the call recipient requests it.

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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