Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to create ch. ATCP 127
, relating to a telemarketing "no call" list. The department will hold twelve hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until May 30, 2002, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling 1-800-422-7128. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for there hearings. Please make reservations for a hearing interpreter by April 20, 2002, by writing to Jim Rabbitt, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4965. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Twelve hearings are scheduled:
Monday, May 6, 2002, at 1:00 p.m. & 7:00 p.m.
Prairie Oaks State Office Building, Board Room
2811 Agriculture Drive
Madison, WI 53708
Tuesday, May 7, 2002, at 1:00 p.m. and 6:30 p.m.
Havenwood State Forest
6141 N. Hopkins Street
Milwaukee, WI 53209
Wednesday, May 8, 2002, at 2:00 p.m. and 7:00 p.m.
Wausau City Council Chambers
407 Grant Street
Wausau, WI 54403
Thursday, May 9, 2002, at 1:00 p.m. and 6:00 p.m.
Brown County Library, Central Library
515 Pine Street
Green Bay, WI 54301
Monday, May 13, 2002, at 1:00 p.m. and 7:00 p.m.
Department of Agriculture, Trade and Consumer
Protection , Eau Claire Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701
Tuesday, May 14, 2002, at 1:00 p.m. and 7:00 p.m.
LaCrosse City Council Chambers
400 LaCrosse Street
LaCrosse, WI 54699
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Wisconsin department of agriculture, trade and consumer protection (DATCP) regulates unfair and deceptive business practices under s. 100.20
, Stats. DATCP has adopted rules, under ch. ATCP 127
, Wis. Adm. Code, to protect consumers against unfair telemarketing practices. The Legislature has also directed DATCP, under s. 100.52
, Stats., to create a "no-call" list of consumers who do not wish to receive telemarketing calls.
Under s. 100.52
, Stats., consumers may contact DATCP to sign up for the "no call" list. Telemarketers may not call consumers whose telephone numbers appear on the list. Telemarketers must register with DATCP and pay fees to finance the list compilation and distribution. On a regular periodic basis, DATCP must update the list and distribute it to registered telemarketers. DATCP must adopt rules to implement this program.
This rule creates a telemarketing "no-call" program, as directed by the Legislature. DATCP is adding this rule to DATCP's current telemarketing rules under ch. ATCP 127
, Wis. Adm. Code.
"Telephone Solicitations" Covered
This rule regulates "telephone solicitations" to persons located in this state, regardless of where the calls originate. A "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:
A telephone call encouraging the call recipient to buy property, goods or services from a "nonprofit organization" solely for the benefit of that organization. A "nonprofit organization" means an organization described in section 501(c)(3), (4), (5) or (19) of the United States internal revenue code.
A telephone call made by the sole individual proprietor of a business, encouraging the call recipient to buy property, goods or services sold by that business.
A telephone call made in response to the call recipient's request for that call.
A telephone call made to a current client of the person selling the property, goods or services promoted by the telephone call.
A telephone call made to a number listed in the current local business telephone directory.
Telemarketers Must Register
This rule requires telemarketers to register annually with DATCP. A registration expires on December 31 of each year. Under this rule:
No person may employ or contract with any individual to make telephone solicitations to residential telephone customers unless that person is currently registered with DATCP.
No individual may make a telephone solicitation to a residential telephone customer unless one of the following applies:
- The individual is employed by, or acting as the contract agent of, a person currently registered with DATCP.