AB169-ASA1,2,10 1. The treatment of disease, as defined in s. 448.01 (2), by a health care provider, as defined in s. 155.01 (7), or any provision of emergency medical care.

AB169-ASA1,2,11 2. Telecommunications or cable television services.

AB169-ASA1,2,13 3. Goods or services whose delivery is required by law even though the consumer has not agreed to purchase or lease those goods or services.

AB169-ASA1,2,15 4. The sale or lease of a motor vehicle by a licensed motor vehicle dealer, as defined in s. 218.01 (1) (n).

AB169-ASA1,2,17 (e) "Delivery" means a transfer to a consumer's custody or making available for use by a consumer.

AB169-ASA1,2,19 (f) "Seller" means a seller or lessor of consumer goods or services, and includes any employe, agent or representative acting on behalf of the seller.

AB169-ASA1,2,20 (g) "Telecommunications service" has the meaning given in s. 196.01 (9m).

AB169-ASA1,2,21 (2) Prohibitions. No seller may:

AB169-ASA1,2,23 (a) Bill a consumer for consumer goods or services that the consumer has not agreed to purchase or lease.

AB169-ASA1,3,3 (b) Bill a consumer for consumer goods or services at a price that is higher than a price previously agreed upon between the seller and consumer unless the consumer agrees to the higher price before the consumer is billed.

AB169-ASA1,3,6 (c) Bill a consumer for a delivery of consumer goods or services that the seller initiates under an agreement that is no longer in effect when the seller initiates the delivery.

AB169-ASA1,3,12 (d) Offer a consumer any prize or prize opportunity or free or reduced-price goods or services, the acceptance of which commits the consumer to receive or pay for other consumer goods or services, unless the seller clearly and conspicuously discloses that commitment in connection with every announcement or advertisement of the prize, prize opportunity or free or reduced-price goods or services.

AB169-ASA1,3,16 (e) Misrepresent to a consumer, directly or by implication, that the consumer's failure to reject or return a delivery of consumer goods or services that was not authorized by the consumer constitutes an acceptance that obligates the consumer to pay for those goods or services.

AB169-ASA1, s. 2 Section 2. 100.196 of the statutes is created to read:

AB169-ASA1,3,18 100.196 Trial delivery sales plans. (1) Definitions. In this section:

AB169-ASA1,3,19 (a) "Bill" has the meaning given in s. 100.195 (1) (a).

AB169-ASA1,3,20 (b) "Consumer" has the meaning given in s. 100.195 (1) (c).

AB169-ASA1,3,21 (c) "Consumer goods or services" has the meaning given in s. 100.195 (1) (d).

AB169-ASA1,3,22 (d) "Delivery" has the meaning given in s. 100.195 (1) (e).

AB169-ASA1,3,25 (e) "Disclosure" means a clear and conspicuous statement that is designed to be readily noticed and understood by the consumer and, if made in writing, to be retained by the consumer.

AB169-ASA1,4,5 (f) "In writing" 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. "In writing" does not include presentation on a medium, such as a billboard, that cannot be conveniently retained by a consumer.

AB169-ASA1,4,9 (g) "Prepaid return mailer" means an envelope, box or other container in which a consumer is able to safely return a trial delivery to the seller, at the seller's expense, without having to leave home and without having to incur postage, shipping, handling, repackaging or other costs.

AB169-ASA1,4,10 (h) "Seller" has the meaning given in s. 100.195 (1) (f).

AB169-ASA1,4,12 (i) "Trial delivery" means a delivery to a consumer of consumer goods or services that the consumer has not yet agreed to purchase or lease.

AB169-ASA1,4,17 (j) "Trial delivery sales plan" means an agreement between a seller and a consumer in which the consumer authorizes the seller to make one or more trial deliveries to the consumer, and to bill the consumer for a trial delivery if the consumer does not reject or return it in conformance with the terms of the agreement. "Trial delivery sales plan" does not include any of the following:

AB169-ASA1,4,18 1. A negative option plan that is subject to and that complies with 16 CFR 425.

AB169-ASA1,4,20 2. An agreement to purchase or lease goods or services without any trial delivery, but subject to a right of cancellation or return.

AB169-ASA1,4,22 3. Consumer goods or services delivered to a consumer in person at the seller's regular place of business.

AB169-ASA1,5,3 (2) Disclosure of trial delivery sales plan terms. (a) Before a consumer enters into any trial delivery sales plan, the seller shall make a disclosure to the consumer of all of the material terms of the trial delivery sales plan, including all terms required under sub. (3). The terms of the trial delivery sales plan made in the disclosure shall be in meaningful sequence and shall not be separated by promotional information.