CTS:lmk:rs
2005 - 2006 LEGISLATURE
May 12, 2005 - Introduced by Representatives Shilling, Ainsworth, Albers,
Benedict, Berceau, Black, Boyle, Cullen, Grigsby, Gronemus, Gunderson,
Hebl, Hines, Jeskewitz, Krusick, Lehman, Loeffelholz, Molepske, Nelson,
Nerison, Ott, Owens, Parisi, Petrowski, Pocan, Pope-Roberts, Pridemore,
Schneider, Seidel, Sheridan, Sherman, Sinicki, Staskunas, Toles, Travis,
Turner and Van Akkeren, cosponsored by Senators Erpenbach, Breske,
Carpenter, Coggs, Darling, Hansen, Kanavas, Lassa, Miller, Olsen, Risser
and Taylor. Referred to Committee on Energy and Utilities.
AB416,1,6
1An Act to repeal 100.52 (10) (b);
to renumber and amend 100.52 (10) (a);
to
2amend 100.52 (1) (d), 100.52 (1) (f), 100.52 (1) (i), 100.52 (3) (a) and 100.52 (4)
3(a) 3.; and
to create 13.101 (18), 100.52 (1) (bm), 100.52 (1) (f) 2., 100.52 (3) (am),
4100.52 (11) and 893.93 (5) of the statutes;
relating to: prohibitions against
5certain telephone solicitations, authorizing a private cause of action, and
6providing a penalty.
Analysis by the Legislative Reference Bureau
Current law regulates telephone solicitation, defined as the unsolicited
initiation of a telephone conversation for the purpose of encouraging the recipient of
the telephone call to purchase property, goods, or services. Generally, under current
law, a telephone solicitor may not make a telephone solicitation to a residential
customer if the customer's telephone number is included in a directory, maintained
by the Department of Agriculture, Trade and Consumer Protection (DATCP), listing
residential customers who do not wish to receive telephone solicitations. This bill
alters current law regarding telephone solicitations as follows.
1. Under current law, the definitions of residential customer and
nonresidential customer do not include persons have with cellular telephone service.
This bill broadens the definitions of residential customer and nonresidential
customer to include persons who have commercial mobile service, which includes
cellular telephone service. As a result, under the bill, cellular telephone numbers
may be included in the directory of residential customers who do not wish to receive
telephone solicitations, and telephone solicitors may not make telephone
solicitations to such cellular telephone numbers.
2. Current law defines a telephone solicitation as an unsolicited call for the
purpose of encouraging the recipient to purchase property, goods, or services. The
bill expands the definition to include calls encouraging the recipient to make a gift.
3. Under current law, a telephone solicitor may not make a telephone
solicitation to a nonresidential customer if the customer has notified the solicitor by
mail that the customer does not wish to receive telephone solicitations. Under the
bill, a telephone solicitor is prohibited from making a telephone solicitation to a
nonresidential customer or a residential customer who has verbally informed the
solicitor that the customer does not wish to receive telephone solicitations.
4. Under current law, the penalty for a violation of the restrictions on telephone
solicitations is a forfeiture not to exceed $100. The bill increases the penalty to a
forfeiture of not less than $100 nor more than $10,000. The bill also permits a person
who suffers damages as a result of a violation to bring an action for injunctive relief
and for actual damages or $500 per violation, whichever is greater.
5. Under current law, the registration fee DATCP charges telephone solicitors
must be based on the cost of maintaining the nonsolicitation directory. Under the
bill, DATCP must collect the registration fee in quarterly installments, but DATCP
must reduce or waive installments if DATCP estimates that, at the end of the fiscal
year, its fee collections will exceed expenditures for maintaining the nonsolicitation
directory by 15 percent or more.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB416, s. 1
1Section
1. 13.101 (18) of the statutes is created to read:
AB416,2,32
13.101
(18) Notwithstanding sub. (4), the committee may not transfer funds
3from the appropriation under 20.115 (8) (jm).
AB416, s. 2
4Section
2. 100.52 (1) (bm) of the statutes is created to read:
AB416,2,65
100.52
(1) (bm) "Commercial mobile service" has the meaning given in s. 196.01
6(2i).
AB416, s. 3
7Section
3. 100.52 (1) (d) of the statutes is amended to read:
AB416,3,3
1100.52
(1) (d) "Nonresidential customer" means a person, other than a
2residential customer, who is furnished with telecommunications service
or
3commercial mobile service by a telecommunications utility.
AB416, s. 4
4Section
4. 100.52 (1) (f) of the statutes is amended to read:
AB416,3,55
100.52
(1) (f) "Residential customer" means
either of the following:
AB416,3,8
61. an An individual who is furnished with basic local exchange service by a
7telecommunications utility,
but does not include an
unless the individual
who 8operates a business at his or her residence.
AB416, s. 5
9Section
5. 100.52 (1) (f) 2. of the statutes is created to read:
AB416,3,1010
100.52
(1) (f) 2. An individual who is furnished with commercial mobile service.
AB416, s. 6
11Section
6. 100.52 (1) (i) of the statutes is amended to read:
AB416,3,1412
100.52
(1) (i) "Telephone solicitation" means the unsolicited initiation of a
13telephone conversation for the purpose of encouraging the recipient of the telephone
14call to purchase property, goods
, or services
or to make a gift of anything of value.
AB416, s. 7
15Section
7. 100.52 (3) (a) of the statutes is amended to read:
AB416,4,216
100.52
(3) (a) The department shall promulgate rules that require any
17telephone solicitor who requires an employee or contractor to make a telephone
18solicitation to a residential customer in this state to register with the department,
19obtain a registration number from the department, and pay a registration fee to the
20department
in quarterly installments. The amount of the registration fee shall be
21based on the cost of establishing the nonsolicitation directory, and the amount that
22an individual telephone solicitor is required to pay shall be based on the number of
23telephone lines used by the telephone solicitor to make telephone solicitations. The
24rules shall also require a telephone solicitor that registers with the department to
25pay an annual registration renewal fee to the department. The amount of the
1registration renewal fee shall be based on the cost of maintaining the nonsolicitation
2directory.
AB416, s. 8
3Section
8. 100.52 (3) (am) of the statutes is created to read:
AB416,4,114
100.52
(3) (am) Annually, no later than January 1, the department shall
5estimate the total expenditures from the appropriation under s. 20.115 (8) (jm) in
6that fiscal year and the unencumbered balance that will remain in the appropriation
7under s. 20.115 (8) (jm) at the end of that fiscal year. If the estimated unencumbered
8balance exceeds 15 percent of the estimated expenditures from that appropriation
9the department shall reduce or waive one or more quarterly installments under par.
10(a). The department shall apply any reduction or waiver under this paragraph
11proportionally to all telephone solicitors registered under par. (a).
AB416, s. 9
12Section
9. 100.52 (4) (a) 3. of the statutes is amended to read:
AB416,4,1713
100.52
(4) (a) 3. Make a telephone solicitation to a
residential customer or 14nonresidential customer if the
residential customer or nonresidential customer has
15provided notice by mail
or previously stated to the telephone solicitor
or an employee
16or contractor of the telephone solicitor that the
residential customer or 17nonresidential customer does not wish to receive telephone solicitations.
AB416, s. 10
18Section
10. 100.52 (10) (a) of the statutes is renumbered 100.52 (10) and
19amended to read:
AB416,4,2220
100.52
(10) Except as provided in par. (b), a A person who violates this section
21may be required to forfeit
not less than $100
nor more than $10,000 for each
22violation.
AB416, s. 11
23Section
11. 100.52 (10) (b) of the statutes is repealed.
AB416, s. 12
24Section
12. 100.52 (11) of the statutes is created to read:
AB416,5,6
1100.52
(11) Private cause of action. Any person who suffers damages as the
2result of another person's violation of this section or any rule promulgated by the
3department under this section may bring an action against the violator for injunctive
4relief and to recover the amount of those damages or $500 for each violation,
5whichever is greater. Notwithstanding s. 814.04 (1), in an action under this
6subsection, the court shall award a prevailing plaintiff reasonable attorney fees.
AB416, s. 13
7Section
13. 893.93 (5) of the statutes is created to read:
AB416,5,98
893.93
(5) An action under s. 100.52 shall be commenced within 3 years after
9the cause of action accrues or be barred.
AB416,5,1211
(1) The treatment of section 100.52 (11) of the statutes, as created by this act,
12first applies to violations committed on the effective date of this subsection.