Amendment SSA1-SB40

SB40-SSA1, s. 21 Section 21. 100.52 (6) of the statutes is created to read:

SB40-SSA1,7,6 100.52 (6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a telephone solicitation that satisfies any of the following:

SB40-SSA1,7,8 (a) The telephone solicitation is made to a recipient in response to the recipient's express written request for the telephone solicitation.

SB40-SSA1,7,14 (b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.

SB40-SSA1, s. 22 Section 22. 100.52 (7) of the statutes is created to read:

SB40-SSA1,7,18 100.52 (7) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

SB40-SSA1, s. 23 Section 23. 100.52 (8) of the statutes is created to read:

SB40-SSA1,7,22 100.52 (8) Private cause of action. Any person who suffers damages as the result of another person violating this section may bring an action against the person who violated this section to recover the amount of those damages.

SB40-SSA1, s. 24 Section 24. 100.52 (9) of the statutes is created to read:

SB40-SSA1,8,3 100.52 (9) Enforcement. The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.

SB40-SSA1, s. 25 Section 25. 100.52 (10) of the statutes is created to read:

SB40-SSA1,8,7 100.52 (10) Penalties. (a) Except as provided in par. (b), a person who violates this section may be required to forfeit not less than $100 nor more than $500 for each violation.

SB40-SSA1,8,10 (b) A telephone solicitor that violates sub. (4) or a nonprofit organization that violates sub. (5) may be required to forfeit not less than $1,000 nor more than $10,000 for each violation.

SB40-SSA1, s. 26 Section 26. 134.72 (title) of the statutes is amended to read:

SB40-SSA1,8,13 134.72 (title) Prohibition of certain unsolicited messages by telephone or facsimile machine.

SB40-SSA1, s. 27 Section 27. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (i) and amended to read:

SB40-SSA1,8,20 100.52 (1) (i) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person the recipient of the telephone call to purchase property, goods or services or to make a contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind or value.

SB40-SSA1, s. 28 Section 28. 134.72 (2) (a) (title) of the statutes is repealed.

SB40-SSA1, s. 29 Section 29. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a) (intro.) and amended to read:

SB40-SSA1,8,25 100.52 (4) (a) (intro.) No person may use A telephone solicitor or an employee or contractor of a telephone solicitor may not do any of the following:

SB40-SSA1,9,2 1. Use an electronically prerecorded message in telephone solicitation without the consent of the person called recipient of the telephone call.

SB40-SSA1, s. 30 Section 30. 134.72 (2) (b) (title) of the statutes is repealed.

SB40-SSA1, s. 31 Section 31. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

SB40-SSA1,9,9 134.72 (2) (b) Notwithstanding subd. 1. par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing or by facsimile transmission that the person does not want to receive facsimile solicitation.

SB40-SSA1, s. 32 Section 32. 134.72 (3) (a) of the statutes is amended to read:

SB40-SSA1,9,12 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

SB40-SSA1, s. 33 Section 33. 134.72 (3) (b) of the statutes is amended to read:

SB40-SSA1,9,15 134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

SB40-SSA1, s. 34 Section 34. 134.72 (4) of the statutes is amended to read:

SB40-SSA1,9,18 134.72 (4) Penalty. A person who violates this section may be required to forfeit up to not more than $500.

SB40-SSA1,9,19 (End)