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100.52
(6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a
6telephone solicitation that satisfies any of the following:
SB40-SSA1,7,87
(a) The telephone solicitation is made to a recipient in response to the
8recipient's express written request for the telephone solicitation.
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(b) The telephone solicitation is made to a recipient who is a current client of
10the person selling the property, goods, or services, or receiving the contribution,
11donation, grant, or pledge of money, credit, property, or other thing of any kind, that
12is the reason for the telephone solicitation. This paragraph does not apply if the
13recipient is a current client of an affiliate of such a person, but is not a current client
14of such a person.
SB40-SSA1,7,1816
100.52
(7) Territorial application. This section applies to any interstate
17telephone solicitation received by a person in this state and to any intrastate
18telephone solicitation.
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100.52
(8) Private cause of action. Any person who suffers damages as the
21result of another person violating this section may bring an action against the person
22who violated this section to recover the amount of those damages.
SB40-SSA1,8,3
1100.52
(9) Enforcement. The department shall investigate violations of this
2section and may bring an action for temporary or permanent injunctive or other relief
3for any violation of this section.
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100.52
(10) Penalties. (a) Except as provided in par. (b), a person who violates
6this section may be required to forfeit not less than $100 nor more than $500 for each
7violation.
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(b) A telephone solicitor that violates sub. (4) or a nonprofit organization that
9violates sub. (5) may be required to forfeit not less than $1,000 nor more than $10,000
10for each violation.
SB40-SSA1, s. 26
11Section
26. 134.72 (title) of the statutes is amended to read:
SB40-SSA1,8,13
12134.72 (title)
Prohibition of certain unsolicited messages by telephone
13or facsimile machine.
SB40-SSA1, s. 27
14Section
27. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (i) and
15amended to read:
SB40-SSA1,8,2016
100.52
(1) (i) "Telephone solicitation" means the unsolicited initiation of a
17telephone conversation for the purpose of encouraging
a person the recipient of the
18telephone call to purchase property, goods or services
or to make a contribution,
19donation, grant, or pledge of money, credit, property, or other thing of any kind or
20value.
SB40-SSA1, s. 28
21Section
28. 134.72 (2) (a) (title) of the statutes is repealed.
SB40-SSA1, s. 29
22Section
29. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a) (intro.)
23and amended to read:
SB40-SSA1,8,2524
100.52
(4) (a) (intro.)
No person may use A telephone solicitor or an employee
25or contractor of a telephone solicitor may not do any of the following:
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11. Use an electronically prerecorded message in telephone solicitation without
2the consent of the
person called recipient of the telephone call.
SB40-SSA1, s. 30
3Section
30. 134.72 (2) (b) (title) of the statutes is repealed.
SB40-SSA1, s. 31
4Section
31. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72
5(2) (b), as renumbered, is amended to read:
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134.72
(2) (b) Notwithstanding
subd. 1. par. (a), a person may not make a
7facsimile solicitation to a person who has notified the facsimile solicitor in writing
8or by facsimile transmission that the person does not want to receive facsimile
9solicitation.
SB40-SSA1, s. 32
10Section
32. 134.72 (3) (a) of the statutes is amended to read:
SB40-SSA1,9,1211
134.72
(3) (a)
Intrastate. This section applies to any
intrastate telephone
12solicitation or intrastate facsimile solicitation.
SB40-SSA1, s. 33
13Section
33. 134.72 (3) (b) of the statutes is amended to read:
SB40-SSA1,9,1514
134.72
(3) (b)
Interstate. This section applies to any
interstate telephone
15solicitation, or interstate facsimile solicitation
, received by a person in this state.
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134.72
(4) Penalty. A person who violates this section may
be required to 18forfeit
up to not more than $500.