Current through November 25, 2024
Section ATCP 127.83 - Telephone solicitation practices(1) Persons making telephone solicitations shall comply with applicable requirements in subchapter II.(2) No person may do any of the following: (a) Make a telephone solicitation in violation of s. ATCP 127.81 or 127.82.(b) Use an electronically prerecorded message in a telephone call for the purpose of encouraging a covered or noncovered telephone customer to purchase property, goods or services, without first obtaining a written agreement that contains the telephone number and signature of the customer to be called. The agreement shall disclose in writing that the customer is not required to sign the agreement as a condition of making a purchase and, by signing the agreement, the customer authorizes telemarketing calls from that person. This paragraph does not apply if that person meets the provisions of s. ATCP 127.80(10) (a) or (b). Note A written agreement and disclosures may be in an electronic form as provided in s. 137.15, Stats.
(c) Make a telephone solicitation to a noncovered telephone customer if the noncovered telephone customer has notified the person by mail including electronic mail that the noncovered telephone customer does not wish to receive telephone solicitations.(d) Require, instruct or authorize any person to violate this subchapter, or knowingly facilitate any person's violation of this subchapter.(e) Use caller-ID blocking when making a telephone solicitation.(f) Falsify any information required under this subchapter.(3) A person making a telephone solicitation to a covered telephone customer shall give the call recipient, at the call recipient's request, the number of the registration under s. ATCP 127.81 that covers the telephone solicitation.(4) A person making a telephone solicitation to a noncovered telephone customer shall give the call recipient, at the call recipient's request, a mailing address or email address to which the noncovered telephone customer may submit a written notice under sub. (2) (c). The person shall provide the mailing address or email address within 10 days after the call recipient requests it.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 127.83
CR 02-036: cr. Register November 2002 No. 563, eff. 12-1-02; CR 10-045: am. (2) (b), (c), (3), (4) Register December 2010 No. 660, eff. 1-1-11.Amended by, CR14-050: am. (2) (b), (c), (4) Register April 2015 No. 712, eff.5/1/2015.