Section ATCP 127.80 - Definitions(1) "Basic local exchange service" has the meaning given in s. 196.01(1g), Stats. Note: Under s. 196.01(1g), Stats., a "basic local exchange service" only includes service provided to residential customers.
(2) "Client" means a person who has a current agreement to receive, from the telephone caller or the person on whose behalf the call is made, property, goods, or services of the type promoted by the telephone call.(3) "Commercial mobile service" has the meaning given in s. 196.01(2i), Stats.(4) "Covered telephone customer" means an individual in this state who receives basic local exchange service or commercial mobile service from a telecommunications utility.(5) "National do-not-call registry" means the national database established by the federal trade commission under 47 USC 227(c) (3) that consists of telephone numbers of residential customers who object to receiving telephone solicitations.(6) "Noncovered telephone customer" means a person, other than a covered customer, who receives telecommunications service from a telecommunications utility.(6m) "Short Message Service (SMS)" means a commonly used system for transmitting data over cellular telephone networks.(6r) "State do-not-call registry" means the portion of the national do-not-call registry that consists of numbers with Wisconsin area codes.(7) "Telephone call" means a voice communication over any part of the electromagnetic spectrum to customer premises equipment or through the use of commercial mobile service. Note: If a telecommunications provider initiates a voice communication with a customer during a telephone conversation between the customer and a third party, the telecommunications provider has initiated a "telephone call" as that term is used in this subchapter.
(8) "Telephone line" means a circuit or channel, including a voice grade equivalent channel, that is derived from a line, cable, or digital facility, and that may be used to make a telephone call or send a text message.(9) "Telecommunications service" has the meaning given in s. 196.01(9m), Stats.(10) "Telephone solicitation" means an unsolicited telephone call or text message for the purpose of encouraging the recipient to buy property, goods, or services, or that is part of a plan or scheme to encourage the recipient to buy property, goods, or services. "Telephone solicitation" does not include any of the following: (a) A telephone call or text message encouraging the recipient to buy property, goods, or services from a nonprofit organization if all of the following apply: 1. The nonprofit organization complies with subch. II of ch. 202, Stats., if applicable.2. Sale proceeds, if any, are exempt from Wisconsin sales tax and federal income tax. Note: The definition of "telephone solicitation" applies to phone calls promoting sales, not charity donations. But it may cover charity solicitations that are really part of a plan or scheme to sell property, goods, or services. Subchapter II of ch. 202, Stats., regulates charitable solicitations.
Telephone calls promoting sales by nonprofit organizations are exempt if the sale proceeds are exempt from Wisconsin sales tax and federal income tax. Section 77.54(7m), Stats., defines the scope of the Wisconsin sales tax exemption for sales by nonprofit organizations. Federal income tax laws require an otherwise exempt nonprofit organization to pay income tax on "unrelated business taxable income" as defined in 26 CFR 1.512(a)-1.
(b) A telephone call or text message made by an individual acting on his or her own behalf, and not as an employee or agent for any other person. This exemption does not apply to a person that calls or sends a text message who does any of the following: 1. Sells or promotes the sale of property, goods, or services for another person. Note: For example, self-employed insurance agents are not exempt from this subchapter when they or their employees make telephone calls to promote the sale of insurance policies offered by insurance companies. But an insurance company may register under s. ATCP 127.81(1)(b) on behalf of self-employed insurance agents and their employees who telemarket the company's insurance.
2. Sells or promotes the sale of goods that the person who calls or sends a text message buys from another person who controls or limits the sales methods of the person who calls or sends a text message.(c) A telephone call or text message made in response to the recipient's affirmative request for that call or text message. Note: A failure to respond to a negative option ("we will call unless you say no") is not an "affirmative request" under par. (c).
(d) A telephone call or text message made to a current client. Note: See definition of "client" under sub. (2).
(e) A telephone call or text message made to a number listed in the current local business telephone directory.(f) One telephone call or text message to determine whether a former client mistakenly allowed a contractual relationship to lapse.(g) A telephone call or text message made to determine a former client's level of satisfaction, unless the call or text message is part of a plan or scheme to encourage the former client to purchase property, goods, or services.(i) A telephone call or text message, made to a party to an existing contract, that is necessary to complete the contract.(11) "Telecommunications utility" has the meaning given in s. 196.01(10), Stats. "Telecommunications utility" includes an "alternative telecommunication utility" as defined in s. 196.01(1d), Stats., and a commercial mobile radio service provider as defined in s. 196.01(2g), Stats.(12) "Text message" means an electronic text or graphic message sent to a cellular telephone, pager, or similar wireless device that is equipped with SMS or similar capability. "Text message" includes messages originated using SMS, e-mail, or similar electronic communication.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 127.80
CR 02-036: cr. Register November 2002 No. 563, eff. 12-1-02; CR 10-045: renum. (3), (5), (6), (9) to be (6), (4), (7), (10) and am., cr. (3), renum. (4), (7), (8) to be (5), (8), (9) Register December 2010 No. 660, eff. 1-1-11; (10), as renumbered, is renumbered (11) under s. 13.92(4) (b) 1, Stats., Register December 2010 No. 660; CR: 12-036: cr. (6m), am. (8), (10) (intro.), (a) (intro.), (b) (intro.), 2., (c) to (i), cr. (12) Register May 2013 No. 689, eff. 6-1-13; correction in (10) (a) 1. made under s. 13.92(4) (b) 7, Stats., Register May 2013 No. 689; correction in (10) (a) 1. made under s. 13.92(4) (b) 7, Stats., Register December 2013 No. 696.Amended by, EmR1413: emerg. r. and recr. (5), cr. (6r), am. (10) (c), eff. 8-1-14; CR14-050: am. r. and recr. (5), cr. (6r), am. (10) (c) Register April 2015 No. 712, eff.5/1/2015.Amended by,Register May 2015 No. 713, eff.6/1/2015