ATCP 127.76(2)(a)(a) A seller shall keep each record required under
sub. (1) for at least 2 years after the seller creates that record.
ATCP 127.76 Note
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.
ATCP 127.76(2)(b)
(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.
ATCP 127.76 Note
Note: See ss.
93.15 and
93.16, Stats.
ATCP 127.76(2)(c)
(c) An agent engaged in face-to-face 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.
ATCP 127.76 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99.
ATCP 127.78
ATCP 127.78
Assisting violations. No person may knowingly assist any seller to engage in any activity or practice in violation of this subchapter.
ATCP 127.78 History
History: Cr.
Register, July, 1999, No. 523, eff. 8-1-99.
ATCP 127.80
ATCP 127.80
Definitions. In this subchapter:
ATCP 127.80 Note
Note: Under s.
196.01 (1g), Stats., a "basic local exchange service" only includes service provided to residential customers.
ATCP 127.80(2)
(2) "Client" means a person who has a current agreement to receive, from the telephone caller or the person on whose behalf the call is made, property, goods or services of the type promoted by the telephone call.
ATCP 127.80 Note
Note: For example, if a local telephone service provider encourages a current customer to purchase other local telephone services, the customer is a current "client" under this definition. But a local telephone service customer is not a current "client" when the local telephone service provider encourages that customer to purchase long distance telephone services.
ATCP 127.80(4)
(4) "Covered telephone customer" means an individual in this state who receives basic local exchange service or commercial mobile service from a telecommunications utility.
ATCP 127.80(6)
(6) "Noncovered telephone customer" means a person, other than a covered customer, who receives telecommunications service from a telecommunications utility.
ATCP 127.80(7)
(7) "Telephone call" means a voice communication over any part of the electromagnetic spectrum to customer premises equipment or through the use of commercial mobile service.
ATCP 127.80 Note
Note: If a telecommunications provider initiates a voice communication with a customer during a telephone conversation between the customer and a third party, the telecommunications provider has initiated a "telephone call" as that term is used in this subchapter.
ATCP 127.80(8)
(8) "Telephone line" means a circuit or channel, including a voice grade equivalent channel, that is derived from a line, cable or digital facility, and that may be used to make a telephone call.
ATCP 127.80(10)
(10) "Telephone solicitation" means an unsolicited telephone call for the purpose of encouraging the call recipient to buy property, goods or services, or that is part of a plan or scheme to encourage the call recipient to buy property, goods or services. "Telephone solicitation" does not include any of the following:
ATCP 127.80(10)(a)
(a) A telephone call encouraging the call recipient to buy property, goods or services from a nonprofit organization if all the following apply:
ATCP 127.80(10)(a)2.
2. Sale proceeds, if any, are exempt from Wisconsin sales tax and federal income tax.
ATCP 127.80 Note
Note: The definition of "telephone solicitation" applies to phone calls promoting sales, not charity donations. But it may cover charity solicitations that are really part of a plan or scheme to sell property, goods or services. Subchapter
III of ch. 440, Stats., regulates charitable solicitations.
ATCP 127.80 Note
Telephone calls promoting sales by nonprofit organizations are exempt
if the sale proceeds are exempt from Wisconsin sales tax and federal income tax. Section
77.54(7m), Stats., defines the scope of the Wisconsin sales tax exemption for sales by nonprofit organizations. Federal income tax laws require an otherwise exempt nonprofit organization to pay income tax on "unrelated business taxable income" as defined in
26 CFR 1.512(a)-1.
ATCP 127.80(10)(b)
(b) A telephone call made by an individual acting on his or her own behalf, and not as an employee or agent for any other person. This exemption does not apply to a caller who does any of the following:
ATCP 127.80(10)(b)1.
1. Sells or promotes the sale of property, goods or services for another person.
ATCP 127.80 Note
Note: For example, self-employed insurance agents are not exempt from this subchapter when they or their employees make telephone calls to promote the sale of insurance policies offered by insurance companies. But an insurance company may register under s.
ATCP 127.81(1)(b) on behalf of self-employed insurance agents and their employees who telemarket the company's insurance.
ATCP 127.80(10)(b)2.
2. Sells or promotes the sale of goods that the caller buys from another person who controls or limits the caller's sales methods.
ATCP 127.80(10)(c)
(c) A telephone call made in response to the call recipient's affirmative request for that call.
ATCP 127.80 Note
Note: A failure to respond to a negative option ("we will call unless you say no") is not an "affirmative request" under par. (c).
ATCP 127.80 Note
Note: See definition of "client" under sub. (2).
ATCP 127.80(10)(e)
(e) A telephone call made to a number listed in the current local business telephone directory.
ATCP 127.80(10)(f)
(f) One telephone call to determine whether a former client mistakenly allowed a contractual relationship to lapse.
ATCP 127.80(10)(g)
(g) A telephone call made to determine a former client's level of satisfaction, unless the call is part of a plan or scheme to encourage the former client to purchase property, goods or services.
ATCP 127.80(10)(i)
(i) A telephone call, made to a party to an existing contract, that is necessary to complete that contract.
ATCP 127.80(11)
(11) "Telecommunications utility" has the meaning given in s.
196.01 (10), Stats. "Telecommunications utility" includes an "alternative telecommunication utility" as defined in s.
196.01 (1d), Stats., and a commercial mobile radio service provider as defined in s.
196.01 (2g), Stats.
ATCP 127.80 History
History: CR 02-036: cr.
Register November 2002 No. 563, eff. 12-1-02;
CR 10-045: renum. (3), (5), (6), (9) to be (6), (4), (7), (10) and am., cr. (3), renum. (4), (7), (8) to be (5), (8), (9)
Register December 2010 No. 660, eff. 1-1-11; (10), as renumbered, is renumbered (11) under s. 13.92 (4) (b) 1., Stats.,
Register December 2010 No. 660.
ATCP 127.81
ATCP 127.81
Telephone solicitors; registration. ATCP 127.81(1)(a)(a) No person may employ or contract with any individual to make telephone solicitations to covered telephone customers unless one of the following applies:
ATCP 127.81(1)(a)1.
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.
ATCP 127.81(1)(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.
ATCP 127.81 Note
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.
ATCP 127.81(1)(c)
(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.
ATCP 127.81(2)
(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:
ATCP 127.81(2)(a)
(a) The registrant's correct legal name, and all trade names under which the registrant does business.
ATCP 127.81(2)(b)
(b) The registrant's principal business address and telephone number. The business address shall include street address, zip code, state or province, and nation.
ATCP 127.81(2)(d)
(d) The name and address of the registrant's registered agent in this state, if any.
ATCP 127.81(2)(e)
(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).
ATCP 127.81(2)(f)
(f) The name, address and telephone number of a person who may respond, on behalf of the registrant, to department notices and inquiries.
ATCP 127.81(2)(g)
(g) The number of telephone lines that will be used to make telephone solicitations under the registration.
ATCP 127.81(2)(i)
(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.
ATCP 127.81(2)(j)
(j) A statement indicating the form in which the registrant wishes to receive no-call lists. A registrant may receive no-call lists in one or more of the following forms:
ATCP 127.81(2)(j)1.
1. By e-mail transmission to one or more e-mail addresses provided by the registrant. Each e-mail address shall be that of the registrant, or a person covered by the registration.
ATCP 127.81(2)(j)2.
2. As a compact disc, mailed to one or more addresses provided by the registrant. Each address shall be that of the registrant, or a person covered by the registration. The registrant shall specify the number of compact discs to be included in each mailing.
ATCP 127.81(2)(j)3.
3. In hard-copy printed form, mailed to one or more addresses provided by the registrant. Each address shall be that of the registrant, or a person covered by the registration. The registrant shall specify the number of hard-copy lists to be included in each mailing.
ATCP 127.81(3)
(3) Fees. A person registering under
sub. (2) shall pay the following annual fees, or an annual fee of $20,000, whichever is less:
ATCP 127.81(3)(a)
(a) A basic annual registration fee of $700 for the first year of registration, and $500 for each subsequent year.
ATCP 127.81(3)(b)
(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).
ATCP 127.81(3)(c)
(c) A supplementary annual fee of $25 for each e-mail address identified under
sub. (2) (j) 1. This fee does not apply if the registrant identifies only one e-mail address under
sub. (2) (j) 1.
ATCP 127.81(3)(d)
(d) A supplementary annual fee of $25 for each address identified under
sub. (2) (j) 2. If the registrant asks the department to send more than one annual set of compact discs to any address, the registrant shall pay an additional fee of $25 for each additional set of discs sent to that address.
ATCP 127.81(3)(e)
(e) A supplementary annual fee of $1,000 for each address identified under
sub. (2) (j) 3. If the registrant asks the department to send more than one annual set of hard-copy lists to any address, the registrant shall pay an additional fee of $1,000 for each additional set of hard-copy lists sent to that address.
ATCP 127.81 Note
Note: An "annual set" under pars. (d) and (e) consists of the 4 quarterly list updates under s.
ATCP 127.82 (5).
ATCP 127.81(3m)
(3m) Quarterly installments. A registrant shall pay the annual fees under
sub. (3) in quarterly installments, as follows:
ATCP 127.81(3m)(a)
(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.
ATCP 127.81(3m)(b)
(b) The second quarterly installment is due on March 1 of the registration year, or on the date of initial registration, whichever is later.
ATCP 127.81(3m)(c)
(c) The third quarterly installment is due on June 1 of the registration year, or on the date of initial registration, whichever is later.
ATCP 127.81(3m)(d)
(d) The fourth quarterly installment is due on September 1 of the registration year, or on the date of initial registration, whichever is later.
ATCP 127.81(4)
(4) Registration expires. A registration under this section expires on November 30 of each year.
ATCP 127.81(5)
(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).
ATCP 127.81(6)
(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:
ATCP 127.81(6)(b)
(b) Pay any additional fees owed for that registration year as a result of the change.
ATCP 127.81 History
History: CR 02-036: cr.
Register November 2002 No. 563, eff. 12-1-02;
CR 10-045: am. (1) (a), (c)
Register December 2010 No. 660, eff. 1-1-11.
ATCP 127.82(1)(1)
Compiling the list. The department shall compile a no-call list containing the telephone numbers and ZIP codes of covered telephone customers who indicate, according to
sub. (3), that they do not wish to receive telephone solicitations.
ATCP 127.82(2)
(2) Solicitations prohibited. No person may make a telephone solicitation, either directly or through an employee or agent, to a covered telephone customer whose telephone number appears on the current no-call list. A telephone solicitation made in violation of this subsection does not, by itself, result in a monetary loss for which a current telephone customer may seek recovery under s.
100.20 (5), Stats., unless that customer sustains an actual monetary loss as a result of another violation of this chapter.
ATCP 127.82(3)(a)(a) A covered telephone customer or the customer's caregiver may contact the department to have the customer included on the no-call list. The covered telephone customer or caregiver shall give the department all the following information:
