100.52(4)(b)3. 3. Use or possess a copy or updated version of the state do-not-call registry that the telephone solicitor has obtained in violation of federal law.
100.52(4)(c) (c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential customer shall, upon the request of the nonresidential customer, provide the mailing address for notifying the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.
100.52(4)(d) (d) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify at the beginning of the telephone conversation each of the following:
100.52(4)(d)1. 1. The telephone solicitor.
100.52(4)(d)2. 2. If different than the telephone solicitor, 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.
100.52(6) (6)Exceptions. Subsections (4) (a) 2. and 3. do not apply to a telephone solicitation that satisfies any of the following:
100.52(6)(a) (a) The telephone solicitation is made to a recipient in response to the recipient's request for the telephone solicitation.
100.52(6)(b) (b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services 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.
100.52(7) (7)Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.
100.52(8) (8)Rules. The department may promulgate rules to administer and enforce this section.
100.52(9) (9)Department duties.
100.52(9)(a)(a) The department shall publicize the procedures for a residential customer to add a telephone number to the national do-not-call registry.
100.52(9)(b) (b) 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.
100.52(10) (10)Penalties.
100.52(10)(a)(a) Except as provided in par. (b), a person who violates this section may be required to forfeit $100 for each violation.
100.52(10)(b) (b) A telephone solicitor that violates sub. (4) may be required to forfeit not more than $100 for each violation.
100.52 History History: 2001 a. 16 ss. 2435 to 2446f, 2819b, 2821b; 2007 a. 226; 2011 a. 197; 2013 a. 234.
100.52 Cross-reference Cross-reference: See also ch. ATCP 127, Wis. adm. code.
100.525 100.525 Telephone records; obtaining, selling, or receiving without consent.
100.525(1) (1) In this section:
100.525(1)(a) (a) "Caller identification record" means a record that is delivered electronically to the recipient of a telephone call simultaneously with the reception of the telephone call and that indicates the telephone number from which the telephone call was initiated or similar information regarding the telephone call.
100.525(1)(am) (am) "Customer" means a person who purchases telephone service.
100.525(1)(b) (b) "Telephone record" means a record in written, electronic, or oral form, except a caller identification record, that is created by a telephone service provider and that contains any of the following information with respect to a customer:
100.525(1)(b)1. 1. Telephone numbers that have been dialed by the customer.
100.525(1)(b)2. 2. Telephone numbers pertaining to calls made to the customer.
100.525(1)(b)3. 3. The time when calls were made by the customer or to the customer.
100.525(1)(b)4. 4. The duration of calls made by the customer or to the customer.
100.525(1)(c) (c) "Telephone service" means the conveyance of 2-way voice communication in analog, digital, or other form by any medium, including wire, cable, fiber optics, cellular, broadband personal communications services, or other wireless technologies, satellite, microwave, or at any frequency over any part of the electromagnetic spectrum. "Telephone service" includes the conveyance of voice communication over the Internet and telephone relay service.
100.525(1)(d) (d) "Telephone service provider" means a person who provides telephone service to a customer.
100.525(2) (2) No person may do any of the following:
100.525(2)(a) (a) Obtain, or attempt to obtain, a telephone record that pertains to a customer who is a resident of this state, without the customer's consent, by doing any of the following:
100.525(2)(a)1. 1. Making a false statement to an agent of a telephone service provider.
100.525(2)(a)2. 2. Making a false statement to a customer of a telephone service provider.
100.525(2)(a)3. 3. Knowingly providing to a telephone service provider a document that is fraudulent, that has been lost or stolen, or that has been obtained by fraud.
100.525(2)(b) (b) Ask another person to obtain a telephone record knowing that the person will obtain the telephone record in a manner prohibited under this section.
100.525(2)(c) (c) Sell or offer to sell a telephone record obtained in a manner prohibited under this section.
100.525(3) (3)
100.525(3)(a)(a) A person who violates this section is guilty of a Class I felony if the violation involves one telephone record.
100.525(3)(b) (b) A person who violates this section is guilty of a Class G felony if the violation involves 2 or more telephone records.
100.525(3)(c) (c) A person who violates this section is guilty of a Class E felony if the violation involves more than 10 telephone records.
100.525(4) (4)
100.525(4)(a)(a) In addition to the penalties authorized under sub. (3), a person who violates this section may be required to forfeit personal property used or intended to be used in the violation.
100.525(4)(b) (b) In an action to enforce this section, the court shall award to a person who is the subject of a telephone record involved in a violation of this section all of the following:
100.525(4)(b)1. 1. The amount of the person's pecuniary loss suffered because of a violation of this section, if proof of the loss is submitted to the satisfaction of the court, or $1,000, whichever is greater.
100.525(4)(b)2. 2. The amount of any gain to the violator as a result of the violation.
100.525(5) (5) This section does not apply to any of the following:
100.525(5)(a) (a) Action by a law enforcement agency in connection with the official duties of the law enforcement agency.
100.525(5)(b) (b) A disclosure by a telephone service provider, if any of the following applies:
100.525(5)(b)1. 1. The telephone service provider reasonably believes the disclosure is necessary to do any of the following:
100.525(5)(b)1.a. a. Provide telephone service to a customer.
100.525(5)(b)1.b. b. Protect an individual from fraudulent, abusive, or unlawful use of telephone service or a telephone record.
100.525(5)(b)2. 2. The disclosure is made to the National Center for Missing and Exploited Children.
100.525(5)(b)3. 3. The disclosure is authorized by state or federal law or regulation.
100.525(6) (6) A violation of this section may also constitute an unfair method of competition or unfair trade practice under s. 100.20 or a fraudulent representation under s. 100.18.
100.525 History History: 2005 a. 261; 2007 a. 97.
100.53 100.53 Vehicle rentals; title and registration fees.
100.53(1)(1) In this section:
100.53(1)(ag) (ag) "Government fee" means any fee charged by a rental company to recover the cost of any fee or charge that is imposed by a government, airport or other transportation authority, or any other government agent that is deemed applicable to the rental of private vehicles in this state.
100.53(1)(am) (am) "Rental company" has the meaning given in s. 344.51 (1g) (c).
100.53(1)(b) (b) "Title or registration fee" means a fee charged by a rental company to recover the cost of registering or obtaining a certificate of title.
100.53(2) (2) No rental company may disseminate or make in this state an advertisement or representation that includes a statement of the rental rate for a private passenger vehicle, as defined in s. 344.57 (4), that is available for rent from a location in this state, unless one of the following applies:
100.53(2)(a) (a) The statement of the rental rate includes the amount of any title or registration fee or government fee charged by the rental company.
100.53(2)(b) (b) The advertisement or representation includes a statement that the customer must pay a title or registration fee or government fee, and the rental company notifies a customer of the amount of the title or registration fee or government fee before the customer enters into an agreement with the rental company.
100.53 History History: 2005 a. 25, 173, 254.
100.54 100.54 Access to credit reports.
100.54(1) (1) Definitions. In this section:
100.54(1)(a) (a) "Business day" means a business day, as defined in s. 421.301 (6), that is not a legal holiday under s. 995.20 or a federal legal holiday.
100.54(1)(b) (b) "Consumer report" has the meaning given in 15 USC 1681a (d).
100.54(1)(c) (c) "Consumer reporting agency" has the meaning given in s. 15 USC 1681a (f).
100.54(1)(d) (d) "Reseller" means a consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of credit information from which new consumer reports are produced.
100.54(1)(e) (e) "Security freeze" means a notice included with an individual's consumer report that indicates that releases of the consumer report are subject to this section.
100.54(2) (2)Security freezes.
100.54(2)(a)(a) Except as provided in par. (c), a consumer reporting agency shall include a security freeze with an individual's consumer report if the individual does all of the following:
100.54(2)(a)1. 1. Sends a request by certified mail to an address designated by the consumer reporting agency, or sends a request directly to the consumer reporting agency by any other means that the consumer reporting agency may provide.
100.54(2)(a)2. 2. Provides the consumer reporting agency with proper identification.
100.54(2)(a)3. 3. If applicable, pays the fee specified in sub. (9).
100.54(2)(b) (b) No later than 5 business days after an individual satisfies the requirements under par. (a) 1. to 3., a consumer reporting agency shall include a security freeze with the individual's consumer report. No later than 10 business days after including the security freeze with the consumer report, the consumer reporting agency shall send the individual a notice that does all of the following:
100.54(2)(b)1. 1. Confirms that a security freeze is included with the individual's consumer report.
100.54(2)(b)2. 2. Includes a unique personal identification number, password, or other device for the individual to authorize release of the consumer report.
100.54(2)(b)3. 3. Describes the procedure for authorizing release of the consumer report.
100.54(2)(c) (c) Paragraph (a) does not apply to any of the following:
100.54(2)(c)1. 1. A reseller, except that if a reseller obtains from another consumer reporting agency an individual's consumer report that includes a security freeze, the reseller shall include the security freeze with any consumer report regarding the individual that the reseller maintains.
100.54(2)(c)2. 2. A consumer reporting agency that is a check services or fraud prevention services company which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments.
100.54(2)(c)3. 3. A consumer reporting agency that is a deposit account information service company which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar negative information regarding an individual to inquiring financial institutions for use only in reviewing an individual's request for a deposit account at the inquiring financial institution.
100.54(3) (3)Prohibition. Except as provided in sub. (8), if an individual's consumer report includes a security freeze, a consumer reporting agency may not release the consumer report to any person for any purpose related to the extension of credit unless the individual gives prior authorization for the release under sub. (4).
100.54(4) (4)Release authorization.
100.54(4)(a)(a) An individual whose consumer report includes a security freeze may authorize a consumer reporting agency to release the report by doing all of the following:
100.54(4)(a)1. 1. Contacting the consumer reporting agency using a point of contact designated by the consumer reporting agency.
100.54(4)(a)2. 2. Providing proper identification and the personal identification number, password, or other device specified in sub. (2) (b) 2.
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2011-12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Oct. 4, 2014. Published and certified under s. 35.18. Changes effective after Oct. 4, 2014 are designated by NOTES. (Published 10-4-14)