SB40: Bill Text

SB40,5,22 (b) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify the telephone solicitor and the telephone solicitor's registration number at the beginning of the telephone conversation.

SB40, s. 13 Section 13. 100.52 (4) (title) of the statutes is created to read:

SB40,5,24 100.52 (4) (title) Prohibitions.

SB40, s. 14 Section 14. 100.52 (4) (b) of the statutes is created to read:

SB40,6,3 100.52 (4) (b) A telephone solicitor may not require an employee or contractor to make a telephone solicitation to a person in this state unless the telephone solicitor is registered with the department under the rules promulgated under sub. (3) (a).

SB40, s. 15 Section 15. 100.52 (4) (c) of the statutes is created to read:

SB40,6,7 100.52 (4) (c) A telephone solicitor may not make a telephone solicitation to a residential customer if the nonsolicitation directory that is provided to the telephone solicitor under sub. (2) (d) includes a listing for the residential customer.

SB40, s. 16 Section 16. 100.52 (4) (d) of the statutes is created to read:

SB40,6,10 100.52 (4) (d) A telephone solicitor may not require an employee or contractor to make a telephone solicitation that violates par. (a) or (c).

SB40, s. 17 Section 17. 100.52 (5) of the statutes is created to read:

SB40,6,14 100.52 (5) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

SB40, s. 18 Section 18. 100.52 (6) of the statutes is created to read:

SB40,6,18 100.52 (6) 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, s. 19 Section 19. 100.52 (7) of the statutes is created to read:

SB40,6,22 100.52 (7) 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, s. 20 Section 20. 100.52 (8) of the statutes is created to read:

SB40,6,25 100.52 (8) Penalties. (a) Except as provided in par. (b), a person who violates this section may forfeit not less than $100 nor more than $500 for each violation.

SB40,7,2 (b) A telephone solicitor that violates sub. (4) (d) may forfeit not less than $1,000 nor more than $10,000 for each violation.

SB40, s. 21 Section 21. 134.72 (title) of the statutes is amended to read:

SB40,7,5 134.72 (title) Prohibition of certain unsolicited messages by telephone or facsimile machine.

SB40, s. 22 Section 22. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (f) and amended to read:

SB40,7,11 100.52 (1) (f) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person 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, s. 23 Section 23. 134.72 (2) (a) (title) of the statutes is repealed.

SB40, s. 24 Section 24. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a).

SB40, s. 25 Section 25. 134.72 (2) (b) (title) of the statutes is repealed.

SB40, s. 26 Section 26. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

SB40,7,20 134.72 (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, s. 27 Section 27. 134.72 (3) (a) of the statutes is amended to read:

SB40,7,23 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

SB40, s. 28 Section 28. 134.72 (3) (b) of the statutes is amended to read:

SB40,8,2 134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

SB40,8,3 (End)