Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearings
Agriculture, Trade and Consumer Protection
[CR 02-036]
(Reprinted from Mid-April Wis. Adm. Register)
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
Handicapped accessible
Tuesday, May 7, 2002, at 1:00 p.m. and 6:30 p.m.
Havenwood State Forest
6141 N. Hopkins Street
Milwaukee, WI 53209
Handicapped accessible
Wednesday, May 8, 2002, at 2:00 p.m. and 7:00 p.m.
Wausau City Council Chambers
City Hall
407 Grant Street
Wausau, WI 54403
Handicapped accessible
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
Handicapped accessible
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
Handicapped accessible
Tuesday, May 14, 2002, at 1:00 p.m. and 7:00 p.m.
LaCrosse City Council Chambers
400 LaCrosse Street
LaCrosse, WI 54699
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Background
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:
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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.
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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.
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A telephone call made in response to the call recipient's request for that call.
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A telephone call made to a current client of the person selling the property, goods or services promoted by the telephone call.
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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:
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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.
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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.
- The individual is currently registered with DATCP.
Telemarketer Registration Form
To register with DATCP, a person must complete an annual registration form and pay annual fees. The registration form must include all the following:
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The registrant's correct legal name, and all trade names under which the registrant does business.
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The registrant's principal business address and telephone number. The business address shall include street address, zip code, state and nation.
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The registrant's federal tax identification (FEIN) number.
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The name and address of the registrant's registered agent in this state, if any.
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The name and address of a person who will accept service of process on behalf of the registrant, if other than a registered agent in this state.
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The name, address and telephone number of a person who may respond, on behalf of the registrant, to DATCP notices and inquiries.
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The number of telephone lines used, by individuals acting as employees or agents of the registrant, to make telephone solicitations. The registrant must provide the telephone number associated with each of these lines.
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The number of individuals who make telephone solicitations as employees or agents of the registrant. The registrant must provide the names of the individuals if DATCP requests those names.
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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:
- By e-mail transmission to an e-mail address provided by the registrant.
- As a compact disc, mailed to an address provided by the registrant.
- In hard-copy printed form, mailed to an address provided by the registrant.
Telemarketer Registration Fees
A telemarketer registering with DATCP must pay the following annual fees:
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A basic annual registration fee of $800 for the first year of registration, and $600 for each year thereafter.
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A supplementary annual fee of $100 for each telephone line used by the registrant (or the registrant's employees or individual agents) to make telephone solicitations. This fee does not apply if the registrant uses fewer than 4 telephone lines.
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A supplementary annual fee of $25 for each e-mail address to which the registrant would like DATCP to send the “no-call" list. This fee does not apply if the registrant asks DATCP to send the “no-call" list to just one e-mail address.
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A supplementary annual fee of $25 for each address to which the registrant would like DATCP to send the “no-call" list in compact disc form.
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A supplementary annual fee of $1,000 for each address to which the registrant would like DATCP to send the “no-call" list in hard-copy print form.
The “No-Call" List
DATCP must compile a “no-call" list containing the telephone numbers and ZIP codes of residential telephone customers who sign up for the list. No person may make a telephone solicitation, either directly or through an employee or agent, to a residential customer whose telephone number appears on the current no-call list.
A residential telephone customer may contact DATCP by phone, or at DATCP's website, to sign up for the “no-call" list. A customer's caregiver may sign up on behalf of the customer. The customer or caregiver shall give DATCP all the following information:
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The customer's telephone number including area code.
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The customer's ZIP code.
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The customer's name and address, if requested by DATCP. DATCP will not include this information on the “no-call" list, but may request it for verification purposes.
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The caregiver's name and address, if a caregiver contacts DATCP on behalf of the customer. DATCP will not include this information on the “no-call" list, but requires it for verification purposes.
Distributing the List
DATCP must distribute the “no-call" list to each telemarketer who is currently registered with DATCP. DATCP must distribute the list in the manner specified by the registrant (assuming that the registrant pays the required fees for that method of delivery). A “no-call" list takes effect on a date specified by DATCP, not sooner than 10 days after DATCP distributes the list.
Updating the List
