Chapter ATCP 127

Register August 2016 No. 728

Chapter ATCP 127

DIRECT MARKETING

Subchapter I — Definitions

ATCP 127.01   Definitions.

Subchapter II — Telephone Solicitations

ATCP 127.02   Definitions.

ATCP 127.04   Opening disclosures.

ATCP 127.06   Disclosures prior to sale.

ATCP 127.08   Prize promotions.

ATCP 127.10   Unauthorized payment.

ATCP 127.12   Credit card laundering.

ATCP 127.14   Misrepresentations.

ATCP 127.16   Prohibited practices.

ATCP 127.18   Record keeping.

ATCP 127.20   Assisting violations.

Subchapter III — Mail Solicitations

ATCP 127.30   Definitions.

ATCP 127.32   Opening disclosures.

ATCP 127.34   Disclosures prior to sale.

ATCP 127.36   Prize promotions.

ATCP 127.38   Unauthorized payment.

ATCP 127.40   Delivering ordered goods.

ATCP 127.42   Credit card laundering.

ATCP 127.44   Misrepresentations.

ATCP 127.46   Prohibited practices.

ATCP 127.48   Record keeping.

ATCP 127.50   Assisting violations.

Subchapter IV — Face-to-Face Solicitations

ATCP 127.60   Definitions.

ATCP 127.62   Opening disclosures.

ATCP 127.64   Disclosures prior to sale.

ATCP 127.66   Prize promotions.

ATCP 127.68   Unauthorized payment.

ATCP 127.70   Credit card laundering.

ATCP 127.72   Misrepresentations.

ATCP 127.74   Prohibited practices.

ATCP 127.76   Record keeping.

ATCP 127.78   Assisting violations.

Subchapter V — Telephone Solicitations; State Do-Not-Call Registry

ATCP 127.80   Definitions.

ATCP 127.81   Telephone solicitors; registration.

ATCP 127.82   Do-not-call registry.

ATCP 127.83   Telephone solicitation practices.

ATCP 127.84   Record keeping.

Ch. ATCP 127 Note Note: This chapter is adopted under authority of s. 100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.20 (6) and s. 100.26 (3) or (6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys' fees. Subchapter V is also adopted under authority of s. 100.52, Stats. A telephone solicitation to a residential telephone customer included on the “no-call" list under subch. V does not, by itself, result in a monetary loss for which the customer may seek recovery under s. 100.20(5), Stats., unless the residential telephone customer sustains an actual monetary loss as a result of another violation of this chapter.

Ch. ATCP 127 Note Note: Chapter Ag 127 was renumbered ch. ATCP 127 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 127 as it existed on July 31, 1999 was repealed and a new chapter ATCP 127 was created effective August 1, 1999.

subch. I of ch. ATCP 127 Subchapter I — Definitions

ATCP 127.01 ATCP 127.01 Definitions. In this chapter:

ATCP 127.01(1) (1) “Acquirer" means a financial institution or other person who, under a license or authorization granted by a credit card system operator, authorizes merchants to honor credit cards and submit credit card sales drafts for payment through the credit card system.

ATCP 127.01(2) (2) “Consumer" means an individual to whom a seller advertises, offers to sell, sells, or promotes the sale of consumer goods or services. “Consumer" does not include an individual who purchases consumer goods or services in a business capacity, or for resale to others.

ATCP 127.01(3) (3) “Consumer goods or services" means goods or services typically used for personal, family, or household purposes. “Consumer goods or services" includes personal investment opportunities, personal business opportunities, and personal training courses but does not include any of the following:

ATCP 127.01(3)(a) (a) Investment opportunities, business opportunities, and training courses when offered to a business, rather than a consumer.

ATCP 127.01(3)(b) (b) Real estate, other than cemetery lots or timeshares as defined in s. 707.02 (24), Stats.

ATCP 127.01(3)(c) (c) Pay-per-call services sold in compliance with s. 196.208, Stats.

ATCP 127.01(3)(d) (d) A newspaper subscription that the consumer may cancel at any time without penalty.

ATCP 127.01(4) (4) “Credit" means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.

ATCP 127.01(5) (5) “Credit card" means any card or other device which entitles an authorized holder to obtain goods, services, or other things of value on credit.

ATCP 127.01(6) (6) “Credit card sales draft" means any record or evidence of a credit card transaction.