100.52(4)(d)1. 1. The telephone solicitor.

100.52(4)(d)2. 2. If different than the telephone solicitor, the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation.

100.52(6) (6) Exceptions.

100.52(6)(am) (am) Subsections (4) (a) 2. and 3. do not apply to a telephone solicitation that satisfies any of the following:

100.52(6)(am)1. 1. The telephone solicitation is made to a recipient in response to the recipient’s request for the telephone solicitation.

100.52(6)(am)2. 2. The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.

100.52(6)(c) (c) Subsection (4) (a) 5. does not apply to the transmission of a caller identification record in connection with the authorized activity of a law enforcement agency or a court order that specifically authorizes the manipulation of a caller identification record.

Effective date note NOTE: Sub. (6) is shown as affected eff. 4-1-25 by 2023 Wis. Act 243. Prior to 4-1-25 it reads:

Effective date text (6) Exceptions. Subsections (4) (a) 2. and 3. do not apply to a telephone solicitation that satisfies any of the following:

Effective date text (a) The telephone solicitation is made to a recipient in response to the recipient’s request for the telephone solicitation.

Effective date text (b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.

100.52(7) (7) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

100.52(8) (8) Rules. The department may promulgate rules to administer and enforce this section.

100.52(9) (9) Department duties.

100.52(9)(a) (a) The department shall publicize the procedures for a residential customer to add a telephone number to the national do-not-call registry.

100.52(9)(b) (b) The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.

100.52(10) (10) Penalties.

100.52(10)(a) (a) Except as provided in par. (b) or (c), a person who violates this section may be required to forfeit $100 for each violation.

Effective date note NOTE: Par. (a) is shown as amended eff. 4-1-25 by 2023 Wis. Act 243. Prior to 4-1-25 it reads:

Effective date text (a) Except as provided in par. (b), a person who violates this section may be required to forfeit $100 for each violation.

100.52(10)(b) (b) A telephone solicitor that violates sub. (4) (a) 1. to 3., (b), (c), or (d) may be required to forfeit not more than $100 for each violation.

Effective date note NOTE: Par. (b) is shown as amended eff. 4-1-25 by 2023 Wis. Act 243. Prior to 4-1-25 it reads:

Effective date text (b) A telephone solicitor that violates sub. (4) may be required to forfeit not more than $100 for each violation.

100.52(10)(c) (c) A telephone solicitor that violates sub. (4) (a) 4. or 5. shall forfeit not less than $100 nor more than $10,000 for each violation.

Effective date note NOTE: Par. (c) is created eff. 4-1-25 by 2023 Wis. Act 243.

100.52 History History: 2001 a. 16 ss. 2435 to 2446f, 2819b, 2821b; 2007 a. 226; 2011 a. 197; 2013 a. 234; 2023 a. 243.

100.52 Cross-reference Cross-reference: See also ch. ATCP 127, Wis. adm. code.

100.523 100.523 Caller identification spoofing.

100.523(1) (1) Definition. In this section, “caller identification record” has the meaning given in s. 100.52 (1) (bd).