2011 - 2012 LEGISLATURE
September 15, 2011 - Introduced by Representatives Petryk, Jacque, Pasch,
Kestell, J. Ott, Tranel, Strachota, Sinicki, Kapenga, Ripp, C. Taylor and
Endsley, cosponsored by Senators Wanggaard, Carpenter, Wirch, Kedzie,
Moulton, Schultz, Taylor and Lassa. Referred to Committee on Consumer
Protection and Personal Privacy.
1An Act to amend
100.52 (1) (i) of the statutes; relating to: regulating text
2messages as telephone solicitations for purposes of the no call list.
Analysis by the Legislative Reference Bureau
Current law regulates "telephone solicitation," which is defined as the
unsolicited initiation of a telephone conversation for the purpose of encouraging the
recipient of the telephone call to purchase property, goods, or services. With certain
exceptions, current law prohibits a telephone solicitor from making a telephone
solicitation to a residential telephone customer if the customer's telephone number
is included in a directory maintained by the Department of Agriculture, Trade and
Consumer Protection that lists customers who do not wish to receive telephone
solicitations. The directory is commonly referred to as the "no call list." A violation
of the prohibition is subject to a forfeiture of $100. The prohibition does not apply
to a telephone solicitation that is: 1) made by or on behalf of a nonprofit organization;
2) made in response to a request for the solicitation; or 3) made to a current client of
the seller that is the reason for the solicitation.
This bill defines "telephone solicitation" so that it also includes the unsolicited
initiation of a text message for the purpose of encouraging the recipient of the text
message to purchase property, goods, or services. As a result, subject to the
exceptions described above, the bill prohibits a person from making such a text
message to a residential telephone customer whose telephone number is included in
the no call list.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB250, s. 1
100.52 (1) (i) of the statutes is amended to read:
(i) "Telephone solicitation" means the unsolicited initiation of a 3
telephone conversation or text message
for the purpose of encouraging the recipient 4
of the telephone call or text message
to purchase property, goods or services.