Establishes updated registration requirements for telephone solicitors.
Repeals portions of the rule made obsolete under the statute change.
Updates recordkeeping requirements.
Interprets Wisconsin’s consent requirement to harmonize with federal requirements.
Makes other minor updates and changes including corrections to mistaken citations.Registration requirements
This rule updates registration requirements for telephone solicitors. This rule requires telephone solicitors to provide DATCP with proof of registration with the FTC and the ability to obtain updated do-not-call registry information. The federal Subscription Account Number (SAN) will serve as proof of registration.
Obsolete rule provisions
This rule repeals sections of the existing rule that became obsolete as a result of the statutory change. Sections of the rule that are repealed include those requiring consumers to register for the no-call list with DATCP and DATCP to provide the no-call list to telephone solicitors on a quarterly basis.
Recordkeeping requirements
The proposed rule extends recordkeeping requirements from two to three years and adds requirements for telephone solicitors to keep records of the numbers called and proof of consent from consumers on the state do-not-call registry to receive calls or texts. These changes will make the rule more consistent with the statute of limitations and enhance investigations of complaints and enforcement of violations of the rule.
Consent requirement
The FTC requires express written consent for telephone solicitors to “robocall” (or “robotext”) numbers registered on the federal do-not-call registry. The proposed rule harmonizes Wisconsin’s rule with the federal standard.
Other changes
The proposed rule makes other minor clarifying and corrective changes to the rule.
Summary of and Comparison with Existing or Proposed Federal Statutes and Regulations
Federal Programs
The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) administer the Telephone Consumer Protection Act (TCPA). This act established the national do-not-call registry. Residential customers can permanently register their telephone numbers on the federal do-not-call registry.
Surrounding State Programs
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:
