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:
ATCP 127.82(3)(a)3.
3. The customer's name and address, if requested by the department. The department may not include the customer's name or address on the no-call list.
ATCP 127.82(3)(a)4.
4. The caregiver's name and address, if a caregiver contacts the department on behalf of the customer. The department may not include the caregiver's name or address on the no-call list.
ATCP 127.82 Note
Note: The department will publish a telephone number and website address that covered telephone customers may contact to sign up for the no-call list. The no-call list will include only the customer's telephone number and ZIP code.
ATCP 127.82(3)(b)
(b) No person, other than a covered telephone customer or the customer's caregiver, may ask the department to include the customer on the no-call list.
ATCP 127.82(4)
(4) Distributing the list. The department shall distribute the no-call list to each person who is currently registered with the department under
s. ATCP 127.81. The department shall distribute the no-call list to the addresses, and in the manner, specified by the registrant under
s. ATCP 127.81 (2) (j). A no-call list takes effect on the date specified by the department. The effective date shall be not sooner than 10 business days after the department distributes the list.
ATCP 127.82(5)
(5) Updating the list. The department shall compile and distribute an updated no-call list every 3 months. The department shall distribute each updated list in the manner provided under
sub. (4). An updated list takes effect on the date specified by the department. The effective date shall be not sooner than 10 business days after the department distributes the list.
ATCP 127.82(6)
(6) List deletions and renewals. The department shall delete a covered telephone customer from the no-call list 2 years after that customer last applied for listing. The customer or the customer's caregiver may renew the customer's listing at any time, in the manner provided for an original listing under
sub. (3).
ATCP 127.82(7)
(7) No re-distribution by list recipients. A person who receives a no-call list may not distribute any part of that list to another person, except that a current registrant under
s. ATCP 127.81 may redistribute the list to persons covered by that registration.
ATCP 127.82(8)(a)(a) The department may not release a no-call list, or any information collected under
sub. (3), except that:
ATCP 127.82(8)(a)1.
1. The department may release a no-call list to a person currently registered under
s. ATCP 127.81, or to persons covered by that registration, as provided in this section.
ATCP 127.82(8)(a)2.
2. The department may release a no-call list as necessary to enforce this subchapter, or to comply with a subpoena or judicial process, subject to any protective orders that may be necessary to ensure the confidentiality of the list.
ATCP 127.82(8)(a)3.
3. The department may release a no-call list to the federal trade commission or other federal agency maintaining a national no-call list.
ATCP 127.82 History
History: CR 02-036: cr.
Register November 2002 No. 563, eff. 12-1-02;
CR 10-045: am. (1), (2), (3) (a), (b), (6)
Register December 2010 No. 660, eff. 1-1-11.
ATCP 127.83
ATCP 127.83
Telephone solicitation practices. ATCP 127.83(1)(1) Persons making telephone solicitations shall comply with applicable requirements in subchapter
II.
ATCP 127.83(2)(b)
(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 the prior consent of that telephone customer. This paragraph does not apply if the person meets the provisions of
s. ATCP 127.80 (10) (a) or
(b).
ATCP 127.83(2)(c)
(c) Make a telephone solicitation to a noncovered telephone customer if the noncovered telephone customer has notified the person by mail that the noncovered telephone customer does not wish to receive telephone solicitations.
ATCP 127.83(2)(d)
(d) Require, instruct or authorize any person to violate this subchapter, or knowingly facilitate any person's violation of this subchapter.
ATCP 127.83(3)
(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.
ATCP 127.83(4)
(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 to which the noncovered telephone customer may mail a notice under
sub. (2) (c). The person shall provide the mailing address within 10 days after the call recipient requests it.
ATCP 127.83 History
History: CR 02-036: cr.
Register November 2002 No. 563, eff. 12-1-02;
CR 10-045: am. (2) (b), (c), (3), (4)
Register December 2010 No. 660, eff. 1-1-11.
ATCP 127.84
ATCP 127.84
Record keeping. Persons who employ or contract individuals to make telephone solicitations shall comply with record keeping and record production requirements applicable to sellers under
s. ATCP 127.18.
ATCP 127.84 History
History: CR 02-036: cr.
Register November 2002 No. 563, eff. 12-1-02.
