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Section 2: ATCP 127.80 (5) is repealed and recreated to read: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 ATCP 127.81 (2) (j) is repealed and recreated to read: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 ATCP 127.81 (3) (c), (d), (e) and (Note) are repealed.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 ATCP 127.82 is repealed and recreated to read: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. (2) Keeping Records. (a) A seller shall keep each record required under sub. (1) for at least 3 years after the seller creates that record.
(b) The department, pursuant to an investigation of possible violations of this subchapter, may ask a seller to provide copies of records under sub. (1) that are reasonably relevant to that investigation. The seller shall provide the requested copies within a reasonable time specified by the department.
Section 13. Effective date: This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22(2)(intro.), Stats.
