EDITORIAL CORRECTIONS
Corrections to code sections under the authority of s. 13.93 (2m) (b), Stats., are indicated in the following listing:
Administration:
Ch. Adm 35 (entire chapter) had corrections made under s. 13.93 (2m) (b) 7., Stats.
Ch. Adm 50
S. Adm 50.04 (1) and (7) had corrections made under s. 13.93 (2m) (b) 7., Stats.
Dietitians Affiliated Credentialing Board:
Ch. DI 5
S. DI 5.01 (27) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
Employe Trust Funds:
Ch. ETF 10
S. ETF 10.01 (3s) had corrections made under
s. 13.93 (2m) (b) 6. and 7., Stats.
S. ETF 10.633 (1) (c) had a correction made
under s. 13.93 (2m) (b) 7., Stats.
Ch. ETF 20
S. ETF 20.02 (3) (a) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
S. ETF 20.07 (2) (a) had a correction made under
s. 13.93 (2m) (b) 4. and 7., Stats.
S. ETF 20.12 (6) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
S. ETF 20.18 (6) (e) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
S. ETF 20.20 (3) (intro.) had a correction made
under s. 13.93 (2m) (b) 7., Stats.
Ch. ETF 60
S. ETF 60.53 (2) (b) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
Health and Family Services:
(Community Services, Chs. HFS 30--)
Ch. HFS 55
S. HFS 55.01 (entire section) had a correction made
under s. 13.93 (2m) (b) 7., Stats.
S. HFS 55.02 (1) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
S. HFS 55.03 (intro.) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
S. HFS 55.04 (intro.), (15) and (19) had corrections
made under s. 13.93 (2m) (b) 7., Stats.
S. HFS 55.10 (1) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
S. HFS 55.43 (1) (d) and (3) (e) had corrections
made under s. 13.93 (2m) (b) 7., Stats.
S. HFS 55.44 (7) (a) had corrections made under
s. 13.93 (2m) (b) 7., Stats.
S. HFS 55.51 (1) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
(Health, Chs. HFS/HSS 110--)
Ch. HFS 113 was renumbered from ch. HSS 113 under s. 13.93 (2m) (b) 1., Stats., and corrections were made under s. 13.93 (2m) (b) 6. and 7., Stats.
Ch. HFS 133 was renumbered from ch. HSS 133 under s. 13.93 (2m) (b) 1., Stats.
Insurance, Commissioner of:
Ch. Ins 3
S. Ins 3.08 (3) (a)
S. Ins 3.09 (3) (b) and (j) and (19)
S. Ins 3.28 (6) (a)
S. Ins 3.31 (3) (a) and (4)
S. Ins 3.50 (4) and (8) (c)
S. Ins 3.65 (4) (a)
Natural Resources:
(Fish, Game, etc., Chs. NR 1--)
Ch. NR 25
S. NR 25.08 (2t) had a correction made
under s. 13.93 (2m) (b) 1., Stats.
Workforce Development:
Ch. DWD 41
S. DWD 41.01 (2) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
Final Regulatory Flexibility Analyses
1.   Agriculture, Trade & Consumer Protection
(CR 98-117)
Ch. ATCP 127 - Direct marketing.
Summary of Final Regulatory Flexibility Analysis:
Direct Marketing
This rule regulates businesses that solicit and sell consumer goods by mail, telephone, other electronic means such as e-mail or facsimile, or in face-to-face transactions away from the seller's regular place of business. The rule provides methods whereby buyers can be informed of the conditions of their agreements in a manner that is meaningful and available to the consumer after the transaction is done and the seller no longer available.
These requirements should have little if any impact on small business. It is general business practice to inform potential customers who you are and the product you are selling an to produce invoices following the sale. It is also general practice to retain business records for a period of time for tax and other purposes. The practices regulated by the prize promotion, unauthorized payment, telephone solicitation, and credit card laundering sections have been identified at federal rules hearings as practices which have led to abuse of consumers and are already in effect for any business that solicits on an interstate scale. Businesses' recordkeeping requirements are necessary for meaningful enforcement of the rules and should already be the norm for most businesses.
Scope
This rule modernizes the restrictions on small business created by the current ch. ATCP 127, Wis. Adm. Code, which was promulgated in 1972./ This rule also incorporates the provisions of the Federal trade Commission telemarketing rules, and clarifies and expands its scope to include other electronic communications such as e-mail and telefax, and direct mail.
This rule does not apply to sales at the sellers' regular place of business, catalog sales, mass advertising, an established public market such as a farmers' market, or business-to-business sales. This rule does not apply to financial institutions, insurance companies, utilities, or real estate sales (other than cemetery lots and “time shares”).
Opening Disclosures
This rule requires initial disclosures such as the seller's correct name, other name of the individual making the solicitation, the fact that the seller is offering or promoting a sale of goods or services, and the kind of goods or services the seller is offering or promoting.
These disclosures must be made orally, if the direct marketing involves an oral or face-to-face communication and in writing, if the direct marketing involves a written or face-to-face solicitation.
These requirements should have no significant impact on small business. Most sellers, as a mater of preference, leave written information about their company and products with the consumer whenever engaged in a home solicitation.
Disclosures Prior to Sale
Before the sale or acceptance of payment, a seller must disclose the material terms and conditions of sale. These requirements add no additional cost to legitimate small business who already provide this information to consumers.
Unauthorized Payment
Under this rule, no seller may obtain or submit any negotiable instrument drawn on a consumer s account without express, verifiable authorization. Authorizations may be written or oral, and must be verifiable by writing or tape recording. Honest businesses should have no objection to these provisions. Businesses that wish to tape record oral authorizations may find it necessary to make a one-time purchase of equipment.
Credit Card Laundering
This rule prohibits “credit card laundering” schemes by which unscrupulous sellers gain access to the credit card system by processing credit card transactions under the name of another merchant. This section targets only those sellers engaged in unscrupulous practices and should have no impact on legitimate small businesses.
Misrepresentations
This rule prohibits the seller from misrepresenting any of the following:
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.