ATCP 127.01 NoteNote: Paragraph (b) does not except a face-to-face communication.
ATCP 127.01(22)(c)(c) A written communication that invites a consumer to the seller’s regular place of business. ATCP 127.01(22)(d)(d) A communication initiated by a consumer at an established public market, unless that communication was prompted by the seller’s prior solicitation to the consumer. ATCP 127.01 NoteNote: For example, a routine transaction at a farmers market is not a “solicitation” under this chapter, even though it occurs at a place other than the seller’s “regular place of business.”
ATCP 127.01(22)(e)(e) The delivery, to a consumer, of goods or services sold to the consumer in a transaction other than a telephone, mail, or face-to-face transaction under this chapter. ATCP 127.01 NoteNote: A “solicitation” under sub. (22) is covered by this rule even though it is not the first communication between the seller and the consumer.
ATCP 127.01(23)(23) “Written” or “in writing,” as applied to a seller’s disclosure to a consumer, means legibly printed on paper or another tangible nonelectronic medium that is delivered to the consumer, or legibly printed in an electronic form that the consumer can electronically retrieve, store, or print for future reference. ATCP 127.02ATCP 127.02 Definitions. In this subchapter: ATCP 127.02(1)(1) “Caller identification information” means information provided by a caller identification service regarding the telephone number, name, or other information regarding the seller originating a telephone solicitation. ATCP 127.02(2)(2) “Caller identification service” means any service or device designed to provide the user of the service or device with the telephone number, name, or other information regarding the origination of a telephone solicitation. ATCP 127.02(3)(3) “Telephone solicitation” means a solicitation, under s. ATCP 127.01 (22), that a seller makes to a consumer by telephone, videoconferencing, or other interactive electronic voice communications. ATCP 127.02(4)(b)(b) Purchase contracts and other dealings that result from a telephone solicitation. ATCP 127.02 HistoryHistory: Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 12-036: renum. (1), (2) to be (3), (4), cr. (1), (2) Register May 2013 No. 689, eff. 6-1-13. ATCP 127.04(1)(1) Disclosures required. A seller making a telephone solicitation shall disclose all of the following to the consumer before asking any questions or making any statements other than an initial greeting: ATCP 127.04 NoteNote: For example, a telemarketing firm making solicitations on behalf of another company must disclose the name of the company for which it is acting as agent. The telemarketing firm may also disclose its own identity, but is not required to do so.
ATCP 127.04 NoteNote: For example, if Mary Smith makes telephone solicitations for the ABC Company, Smith must disclose her individual name. Under sub. (3) (b), Smith may use a fictitious name which uniquely identifies her if the ABC Company keeps a record of that uniquely identifying fictitious name.
ATCP 127.04(1)(c)(c) That the seller is offering or promoting the sale of consumer goods or services. ATCP 127.04(1)(d)(d) The nature of the goods or services which the seller is offering or promoting. ATCP 127.04(2)(a)1.1. The seller is widely known by and consistently does business under that name. ATCP 127.04(2)(a)2.2. The name does not have the tendency or capacity to confuse or mislead the consumer as to the seller’s true identity.