Many states have do-not-call programs. Several states maintain their own do-not-call list. Others, including Illinois, Michigan, and Minnesota, have laws allowing for state enforcement of do-not-call provisions, but rely on the FTC’s consumer do-not-call registry rather than maintaining their own. Iowa encourages its residents to sign up on the federal do-not-call registry.
Summary of Factual Data and Analytical Methodologies
To develop this rule, DATCP reviewed federal and state laws related to telephone solicitations, data related to telephone solicitor registration, past enforcement actions, and consumer complaints.
Analysis and Supporting Documents used to Determine Effect on Small Business
The effect on small business was determined by reviewing estimates of costs to comply with the law.
Effect on Small Business
This rule will, generally, have minimal impact on business. This rule might affect the following businesses in the following ways (many of these businesses are “small businesses”):
Telephone solicitors that are currently registered with DATCP but not with the FTC.
Under s. 100.52, Stats., and this rule, telephone solicitors will be required to register with DATCP and also with the FTC. Most telephone solicitors have been registered with both DATCP and the FTC and will not be impacted by this requirement. The few solicitors who have only registered with DATCP will incur an additional registration fee with the FTC. The first five area codes in a national do-no-call registry subscription are free, so this annual access fee would be $59 for the 6th Wisconsin area code. Offsetting this added fee, telephone solicitors will no longer be required to pay the following fees:
$25 for each additional email address to receive a compact disc containing the no-call list.
$25 for each mailing address to receive a compact disc containing the no-call list.
$1,000 for each mailing address to receive the no-call list in a hard-copy printed form.Recordkeeping requirements
Currently, persons making telephone solicitations, regardless of whether they may be required to register under the Wisconsin no call law, are required under ATCP 127, subchapter II, to keep certain records necessary to enforce the general direct marketing rules. The recordkeeping requirements in this proposed rule may increase the number of records businesses keep and store, which may have some financial cost associated with it.
This rule and DATCP’s administrative efforts related to the rule benefit large and small businesses alike. For example:
DATCP publishes a fact-sheet for solicitors, clearly explaining the requirements and prohibitions contained in the rule.
DATCP administers and enforces violations of the rule which ensures a level playing field for all businesses. Many of the businesses affected by this rule are “small businesses.” However, given the subject matter, there are very few accommodations or special exceptions that can be made for small businesses.
Hearing Attendees
DATCP held a public hearing on this rule on September 15, 2014. There were no attendees at the hearing, and no one registered in support or opposition of the permanent rule.
Hearings
DATCP had a two-week comment period that followed the hearing. Similarly, no written comments were received. Therefore, DATCP has no response to any public comments.
Changes from Hearing Draft
On September 10, 2014, the Wisconsin Legislative Council Rules Clearinghouse recommended a few minor editorial or technical changes. DATCP has made all the recommended changes.
DATCP Contact
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
Section 1: ATCP 127, subchapter V (Title) is amended to read:
Subchapter V – Telephone Solicitations; No-Call List State Do-Not-Call Registry
Section 2: ATCP 127.80 (5) is repealed and recreated to read:
ATCP 127.80 (5) “National do-not-call registry” means the national database established by the federal trade commission under 47 USC 227 (c) (3) that consists of telephone numbers of residential customers who object to receiving telephone solicitations. Section 3. ATCP 127.80 (6r) is created to read:
ATCP 127.80 (6r) “State do-not-call registry” means the portion of the national do-not-call registry that consists of numbers with Wisconsin area codes.
Section 4. ATCP 127.80 (10) (c) is amended to read:
ATCP 127.80 (10) (c) A telephone call or text message made in response to the recipient’s affirmative request for the that call or text message.
Section 5. ATCP 127.81 (2) (j) is repealed and recreated to read:
ATCP 127.81 (2) (j) The registrant’s valid subscription access number (SAN) for the national do-not-call registry.
Section 6. ATCP 127.81 (3) (c), (d), (e) and (Note) are repealed.
Section 7. ATCP 127.82 is repealed and recreated to read:
ATCP 127.82 Do-Not-Call Registry. (1) Obtaining the Registry. Registered telephone solicitors must obtain and use a current state do-not-call registry from the national do-not-call registry website at least once every 31 days.
Note: The state do-not-call registry can be obtained at this website https://telemarketing.donotcall.gov/. Registration with the FTC and a valid Subscriber Access Number are required. (2) Solicitations Prohibited. No person may make a telephone solicitation, either directly or through an employee or agent, to a covered telephone customer whose telephone number appears on the current state do-not-call registry. A telephone solicitation made in violation of this subsection does not, by itself, result in a monetary loss for which a current telephone customer may seek recovery under s. 100.20 (5), Stats., unless that customer sustains an actual monetary loss as a result of another violation of this chapter. (3) State do-not-call registry not open to public inspection. The department may not release a state do-not-call registry, except that the department may release a state do-not-call registry as necessary to enforce this subchapter, or to comply with a subpoena or judicial process, subject to any protective orders that may be necessary to ensure the confidentiality of the list.
Section 8. ATCP 127.83 (2) (b) is amended to read:
ATCP 127.83 (2) (b) Use an electronically prerecorded message in a telephone call for the purpose of encouraging a covered or noncovered telephone customer to purchase property, goods or services, without the prior consent of that telephone customer first obtaining a written agreement that contains the telephone number and signature of the customer to be called. The agreement shall disclose in writing that the customer is not required to sign the agreement as a condition of making a purchase and, by signing the agreement, the customer authorizes telemarketing calls from that person. This paragraph does not apply if that person meets the provisions of s. ATCP 127.80 (10) (a), or (b) or (d). Section 9. ATCP 127.83 (2) (b) (Note) is created to read:
ATCP 127.83 (2) (c) Note: A written agreement and disclosures may be in an electronic form as provided in s. 137.15, Stats. Section 10. ATCP 127.83 (2) (c) is amended to read:
ATCP 127.83 (2) (c) Make a telephone solicitation to a noncovered telephone customer if the noncovered telephone customer has notified the person by mail including electronic mail that the noncovered telephone customer does not wish to receive telephone solicitations.
Section 11. ATCP 127.83 (4) is amended to read:
ATCP 127.83 (4) A person making a telephone solicitation to a noncovered telephone customer shall give the call recipient, at the call recipient’s request, a mailing address or email address to which the noncovered telephone customer may mail a submit a written notice under sub. (2) (c). The person shall provide the mailing address or email address within 10 days after the call recipient requests it.
Section 12. ATCP 127.84 Recordkeeping is repealed and recreated to read:
ATCP 127.84 Recordkeeping. (1) Records Required. Persons who employ or contract with individuals to make telephone solicitations shall keep all of the following records:
(a)
The telephone numbers and SMS accesses to make telephone solicitations.
