Wis. Stat. § 134.72

Current through Acts 2023-2024, ch. 272
Section 134.72 - Prohibition of certain unsolicited messages by facsimile machine
(1) DEFINITIONS. In this section:
(a) "Facsimile machine" means a machine that transmits copies of documents by means of a telephone line, telegraph line, microwave, satellite, radio wave, fiber optics, coaxial cable or any other transmission facility or any switching device.
(b) "Facsimile solicitation" means the unsolicited transmission of a document by a facsimile machine for the purpose of encouraging a person to purchase property, goods or services.
(2) PROHIBITIONS.
(a) A person may not make a facsimile solicitation without the consent of the person solicited unless all of the following apply:
1. The document transmitted by facsimile machine does not exceed one page in length and is received by the person solicited after 9 p.m. and before 6 a.m.
2. The person making the facsimile solicitation has had a previous business relationship with the person solicited.
3. The document transmitted by facsimile machine contains the name of the person transmitting the document.
(b) Notwithstanding par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing, by telephone, or by facsimile transmission that the person does not want to receive facsimile solicitation.
(c) A facsimile solicitor who receives notice under par. (b) may not disclose to another the facsimile transmission number of the person who gave the notice under par. (b). Each disclosure of a facsimile transmission number is a separate violation of this paragraph.
(3) TERRITORIAL APPLICATION.
(a)Intrastate. This section applies to any intrastate facsimile solicitation.
(b)Interstate. This section applies to any interstate facsimile solicitation received by a person in this state.
(4) PENALTY. A person who violates this section may be required to forfeit not more than $500.

Wis. Stat. § 134.72

1977 c. 301; 1989 a. 336; 1995 a. 351; 1997 a. 27; 2001 a. 16; 2005 a. 61.