SB55-ASA1-AA85,6,119
1. Require an employee or contractor to make a telephone solicitation to a
10person in this state unless the telephone solicitor is registered with the department
11under the rules promulgated under sub. (3) (a).
SB55-ASA1-AA85,6,1312
2. Require an employee or contractor to make a telephone solicitation that
13violates par. (a).
SB55-ASA1-AA85,6,1915
100.52
(4) (c) A telephone solicitor or employee or contractor of a telephone
16solicitor that makes a telephone solicitation to a nonresidential customer shall, upon
17the request of the nonresidential customer, provide the mailing address for notifying
18the telephone solicitor that the nonresidential customer does not wish to receive
19telephone solicitations.
SB55-ASA1-AA85,7,221
100.52
(5) Nonprofit organization requirements. A nonprofit organization or
22an employee or contractor of a nonprofit organization may not make a telephone
23solicitation to a residential customer if the residential customer has provided notice
24by telephone, mail, or facsimile transmission to the nonprofit organization that the
25residential customer does not wish to receive telephone solicitations. A nonprofit
1organization may not require an employee or contractor to make a telephone
2solicitation that violates this subsection.
SB55-ASA1-AA85,7,54
100.52
(6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a
5telephone solicitation that satisfies any of the following:
SB55-ASA1-AA85,7,76
(a) The telephone solicitation is made to a recipient in response to the
7recipient's express written request for the telephone solicitation.
SB55-ASA1-AA85,7,138
(b) The telephone solicitation is made to a recipient who is a current client of
9the person selling the property, goods, or services, or receiving the contribution,
10donation, grant, or pledge of money, credit, property, or other thing of any kind, that
11is the reason for the telephone solicitation. This paragraph does not apply if the
12recipient is a current client of an affiliate of such a person, but is not a current client
13of such a person.
SB55-ASA1-AA85,7,1715
100.52
(7) Territorial application. This section applies to any interstate
16telephone solicitation received by a person in this state and to any intrastate
17telephone solicitation.
SB55-ASA1-AA85,7,2119
100.52
(8) Private cause of action. Any person who suffers damages as the
20result of another person violating this section may bring an action against the person
21who violated this section to recover the amount of those damages.
SB55-ASA1-AA85,7,2523
100.52
(9) Enforcement. The department shall investigate violations of this
24section and may bring an action for temporary or permanent injunctive or other relief
25for any violation of this section.
SB55-ASA1-AA85,8,42
100.52
(10) Penalties. (a) Except as provided in par. (b), a person who violates
3this section may be required to forfeit not less than $100 nor more than $500 for each
4violation.
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(b) A telephone solicitor that violates sub. (4) or a nonprofit organization that
6violates sub. (5) may be required to forfeit not less than $1,000 nor more than $10,000
7for each violation.".
SB55-ASA1-AA85,8,11
10134.72 (title)
Prohibition of certain unsolicited messages by telephone
11or facsimile machine.
SB55-ASA1-AA85, s. 2819b
12Section 2819b. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (i) and
13amended to read:
SB55-ASA1-AA85,8,1814
100.52
(1) (i) "Telephone solicitation" means the unsolicited initiation of a
15telephone conversation for the purpose of encouraging
a person the recipient of the
16telephone call to purchase property, goods or services
or to make a contribution,
17donation, grant, or pledge of money, credit, property, or other thing of any kind or
18value.
SB55-ASA1-AA85, s. 2821b
20Section 2821b. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a)
21(intro.) and amended to read:
SB55-ASA1-AA85,8,2322
100.52
(4) (a) (intro.)
No person may use A telephone solicitor or an employee
23or contractor of a telephone solicitor may not do any of the following:
SB55-ASA1-AA85,9,2
11. Use an electronically prerecorded message in telephone solicitation without
2the consent of the
person called recipient of the telephone call.
SB55-ASA1-AA85, s. 2822m
4Section 2822m. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and
5134.72 (2) (b), as renumbered, is amended to read:
SB55-ASA1-AA85,9,96
134.72
(2) (b) Notwithstanding
subd. 1. par. (a), a person may not make a
7facsimile solicitation to a person who has notified the facsimile solicitor in writing
8or by facsimile transmission that the person does not want to receive facsimile
9solicitation.
SB55-ASA1-AA85,9,1211
134.72
(3) (a)
Intrastate. This section applies to any
intrastate telephone
12solicitation or intrastate facsimile solicitation.
SB55-ASA1-AA85,9,1514
134.72
(3) (b)
Interstate. This section applies to any
interstate telephone
15solicitation, or interstate facsimile solicitation
, received by a person in this state.
SB55-ASA1-AA85,9,1817
134.72
(4) Penalty. A person who violates this section may
be required to 18forfeit
up to not more than $500.".
SB55-ASA1-AA85,9,22
20"
(4r) Telephone solicitation regulation. The authorized FTE positions for the
21department of agriculture, trade and consumer protection are increased by 5.5 PR
22positions, to be funded from the appropriation under section 20.115 (8) (jm) of the
1statutes, as created by this act, for the purpose of regulating telephone solicitations
2under section 100.52 of the statutes, as created by this act.".