Section ATCP 123.06 - Negative option billing(1) PROHIBITION. Except as provided under subs. (2) or (3), no provider may bill a consumer for a service offering that the consumer has not affirmatively ordered. A consumer's failure to reject a service offering is not an affirmative order for service. A consumer's affirmative order for service may be made orally, electronically or in writing, subject to s. ATCP 123.02.(2) EXPANDED SERVICE OFFERING; EXEMPTION. A provider need not obtain an affirmative order from a consumer before expanding a service offering currently billed to that consumer unless the expansion has the effect of combining that service offering with another service offering which the consumer can order separately but has not affirmatively ordered. Note: See s. ATCP 123.04 related to advance notice of price increases and other subscription changes, including expansions of service offerings.
(3) LONG DISTANCE TELECOMMUNICATIONS SERVICES; EXEMPTIONS. (a) Subsection (1) does not prohibit a provider of telecommunications services from billing a consumer for services which that provider is required by law to deliver to that consumer.(b) Subsection (1) does not prohibit a consumer's appointed provider of long distance telecommunications services, merely because that consumer did not affirmatively select that provider, from billing that consumer for services used by that consumer.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 123.06
Cr. Register, July, 1996, No. 487, eff. 1-1-97.