This rule prohibits a seller from doing any of the following in a direct marketing transaction:
• Threatening, intimidating, or harassing a consumer.
• Failing to leave a consumer's premises upon request.
• Requesting or receiving payment for “loan finder” services until the consumer actually receives the promised loan.
These prohibitions should pose no problem for honest businesses, and should place no additional burden on small businesses. For the most part, they merely continue prohibitions contained in current rules.
Prohibited Telephone Solicitation Practices
This rule prohibits a direct marketing seller from doing any of the following:
• Initiating a telephone solicitation to a consumer who has previously stated that he or she does not wish to receive telephone solicitations from the seller.
• Repeatedly causing a consumer's telephone to ring, or repeatedly engaging a consumer in telephone conversation, with intent to annoy, abuse or harass a consumer.
• Initiating a telephone solicitation before 8:00 am or after 9:00 PM without the prior consent of the consumer.
These prohibitions are consistent with FTC rule provisions, and should pose no problem for legitimate telemarketers.
Recordkeeping
This rule requires a direct marketing seller to keep copies of all solicitation scripts and documents, transaction receipts, a description of each prize offered and the name and address of every consumer who received a prize. The rule also requires a seller to keep the real names, any fictitious name(s) used, address and telephone number, and job title or titles of individual solicitors acting on the seller's behalf.
This section is similar to the federal telemarketing rule requirements. Additionally, the records to be kept are generally held by small business for other purposes. Therefore, there should be no fiscal impact to most small businesses. There will be some limited fiscal impact to small businesses who do not otherwise come under the federal rules and do not otherwise keep the required documentation.
Small Business Impact; Summary
The impact on small business should be limited to those who are not already covered by federal telemarketing rules or current DATCP rules under ch. ATCP 127, Wis. Adm. Code. Some small businesses may need to purchase equipment to tape record telephone authorizations from consumers. Most other requirements can be met by adhering to normal good business and recordkeeping practices. This rule will not ordinarily require small businesses to retain additional professional services.
Summary of Comments from Legislative Committees:
On March 17, 1999, this department transmitted the above rule for legislative committee review.
The rule was assigned to the Senate Committee on Judiciary and Consumer Affairs on March 25,1999, and to the Assembly Committee on Consumer Affairs on March 30, 1999.
On May 6, 1999, a hearing was held on the rule by the Assembly Committee on Consumer Affairs. Both committees recommended a modification to the proposed rule which would exempt credit unions from the definition of “seller.”
On May 19, 1999, the department submitted a letter to both legislative committees informing then that the department agreed to make the following modification to the rule:
• On page 20, at line 24, add the words “credit union” as follows:
“association, credit union, insurance company, public utility or telecommunications carrier
The department also informed the committees on May 19, 1999, that it was adding the two following notes to the rule:
• On page 2l, after line 19:
NOTE: Paragraph (b) does not except a face-to-face communication.
• On page 22, after line 9:
NOTE: A “solicitation under sub. (22) is covered by this rule even though it is not the first communication between the seller and the consumer.
Neither legislative committee took any action on the rule during its review period.
S. Chir 4.05 - Techniques, ancillary procedures or instruments prohibited in the practice of chiropractic.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments were reported.
Ch. DOC 330 - Pharmacological treatment of certain child sex offenders.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not require small business to perform any duties and will have no impact on small businesses as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments were reported.
S. ETF 20.35 - Dividing WRS accounts and annuities per qualified domestic relations orders (QDROs).
Summary of Final Regulatory Flexibility Analysis:
This rule concerns a retirement program open exclusively to qualifying employes of the state., counties (except Milwaukee County) and municipalities which have elected to participate in the Wisconsin Retirement System, as provided in s. 40.21, Stats. The Department therefore anticipates that the provisions of this proposed rule will have no direct adverse impact on small business.
Summary of Comments:
No comments were reported.
5.
Funeral Directors Examining Board
(CR 99-8)
S. FD 6.10 - Solicitation of prospective purchasers of burial agreements funded with the proceeds of a life insurance policy.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments were reported.
Ch. HFS 114 - Neonatal intensive care unit training grants.
Summary of Final Regulatory Flexibility Analysis:
These rules do not affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. The rules apply to hospitals that have neonatal intensive care units, to a hospital-based training center certified to provide the kind of training and support which is financed by the grants made available under the rules, and to the Department. No hospital in Wisconsin is a small business by that definition.
Summary of Comments:
No comments were reported.
S. Ins 3.39 - Guarantee issue for Medicare Supplement Insurance.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments:
The legislative standing committees had no comments on this rule.
S. Ins 16.01 - Annual billings for the examination of domestic insurers.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Review Committees:
The legislative standing committees had no comments on this rule.
Ch. NR 25 - Commercial fishing on lake Michigan and Lake Superior.
Summary of Final Regulatory Flexibility Analysis:
This rule will not affect small businesses. No additional compliance or reporting requirements will be imposed as a result of these proposed changes.
Summary of Comments of Legislative Review Committees:
The rules were reviewed by the Assembly committee on Natural Resources and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
10. Public Service Commission
(CR 99-53)
Ch. PSC 132 - Definition of “public utility” and cable operators' access to railroad rights-of-way.
Summary of Final Regulatory Flexibility Analysis:
This rule will have no effect on small telecommunications utilities, which are small businesses under s. 196.2 16, Stats., for the purposes of s. 227.114, Stats. It merely extends coverage of this rule to include cable operators. The only effect on cable operators that are small businesses will be to clarify and possibly speed up negotiations with railroads regarding rights-of-way. There are no reporting, bookkeeping, or other procedures required for compliance with the rule. The notice of rulemaking and proposed rules were sent to the secretary of the Department of Development and the small business ombudsman clearinghouse at the same time they were submitted to the Legislative Council. No issues regarding small business were raised.
Summary of Comments:
No comments were reported.
Chs. RL 121 to 126 - Registration and regulation of auctioneer and auction companies.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments were reported.
