Chapter ATCP 127

ATCP 127.14(12) (12) Represent that the seller is participating in a contest or conducting a survey unless the representation is true and all of the following apply:

ATCP 127.14(12)(a) (a) The seller first makes all of the opening disclosures under s. ATCP 127.04.

ATCP 127.14(12)(b) (b) The seller concurrently discloses the name of the contest or survey sponsor, and the specific terms of the contest or survey.

ATCP 127.14(12)(c) (c) The seller concurrently discloses that the seller is attempting to sell goods or services, or to obtain information to identify sales prospects, if that is the case.

ATCP 127.14(13) (13) Misrepresent any material aspect of a personal investment opportunity offered to the consumer, including any aspect such as risk, liquidity, earnings potential, or profitability.

ATCP 127.14(14) (14) Fail to disclose, in connection with every purported offer of free goods or services in a telephone transaction, any costs which the consumer must incur and any conditions which the consumer must meet in order to receive those free goods or services. This does not prohibit a combination offer that is covered by, and complies with, s. 100.18 (2), Stats.

ATCP 127.14(15) (15) Make any false, deceptive, or misleading representation to a consumer.

ATCP 127.14(16) (16) Cause, either directly or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information.

ATCP 127.14 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 12-036: cr. (16) Register May 2013 No. 689, eff. 6-1-13.

ATCP 127.16 ATCP 127.16 Prohibited practices. No seller may do any of the following in a telephone transaction:

ATCP 127.16(1) (1) Threaten, intimidate, or harass a consumer.

ATCP 127.16(2) (2) Repeatedly or continuously cause a consumer’s telephone to ring, or repeatedly or continuously engage a consumer in telephone conversation, if the seller knows or reasonably should know that those actions will have the effect of annoying, abusing, or harassing the consumer.

ATCP 127.16(3) (3) Initiate a telephone solicitation to a consumer before 8:00 AM or after 9:00 PM without the prior consent of the consumer. Time, for purposes of this section, is the local time at the place where the consumer resides.

ATCP 127.16(4) (4) Initiate a telephone solicitation to a consumer who has previously stated that he or she does not wish to receive telephone solicitations from the seller for whom the solicitation is being made. A seller does not violate this subsection if all of the following apply:

ATCP 127.16(4)(a) (a) The seller has established and implemented clear written procedures that are reasonably designed to prevent violations.

ATCP 127.16(4)(b) (b) The seller has trained its personnel in the procedures under par. (a).

ATCP 127.16(4)(c) (c) The seller maintains a recorded list of persons who have stated that they do not wish to be called by the seller for whom solicitations are being made.

ATCP 127.16(4)(d) (d) The repeat call is the result of a good faith error, and is not the result of an intentional or systematic disregard of the prohibition under this subsection.

ATCP 127.16(5) (5) Request or receive payment for seeking or arranging a loan or extension of credit until the consumer actually receives that loan or extension of credit, if the seller has represented that efforts to obtain a loan or extension of credit would likely be successful.

ATCP 127.16(6) (6) Fail to do either of the following if the transaction qualifies as a consumer approval transaction under s. 423.201, Stats., and is not subject to s. 423.202 (4), Stats.:

ATCP 127.16(6)(a) (a) Provide a notice under s. 423.203, Stats., of the consumer’s right to cancel.

ATCP 127.16(6)(b) (b) Honor the consumer’s right to cancel under s. 423.202, Stats.

ATCP 127.16 Note Note: Under s. 423.202, Stats., a consumer may cancel a consumer approval transaction until midnight of the 3rd business day after the seller gives the consumer a required written notice of cancellation rights under s. 423.203, Stats. The consumer’s cancellation rights under s. 423.202, Stats., are in addition to any other cancellation rights which the consumer may have under contract law.

ATCP 127.16 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.18 ATCP 127.18 Record keeping.

ATCP 127.18(1) (1) Records required. A seller engaged in telephone transactions shall keep all of the following records related to those transactions:

ATCP 127.18(1)(a) (a) Copies of all telephone solicitation scripts, and all sales and promotional materials used in telephone transactions. This paragraph does not require a seller to keep duplicate copies of substantially identical documents.

ATCP 127.18(1)(b) (b) The following records related to each prize which the seller offers or awards to consumers if the seller represents to any consumer, directly or by implication, that the prize has a value of $25 or more:

ATCP 127.18(1)(b)1. 1. An identification of the prize.

ATCP 127.18(1)(b)2. 2. The name and last known address of every consumer who received the prize.

ATCP 127.18(1)(c) (c) The name and last known address of every consumer who purchased goods or services in a telephone transaction with the seller, the date on which the consumer purchased those goods or services, the date on which the seller provided those goods or services to the consumer, and the amount which the consumer paid for those goods or services.

ATCP 127.18(1)(d) (d) The following information related to every individual who has made telephone solicitations as the seller’s employee or agent:

ATCP 127.18(1)(d)1. 1. The individual’s name, last known address, and telephone number.

ATCP 127.18(1)(d)2. 2. Every fictitious name which the individual has used when making telephone solicitations. No seller may permit more than one employee or contract agent to use the same fictitious name.

ATCP 127.18(1)(d)3. 3. The individual’s job title or titles.

ATCP 127.18(1)(e) (e) All verifiable authorizations required under s. ATCP 127.10.

ATCP 127.18(2) (2) Keeping records.

ATCP 127.18(2)(a) (a) A seller shall keep each record required under sub. (1) for at least 2 years after the seller creates that record.

ATCP 127.18 Note Note: A seller may keep records required under sub. (1) in the form, manner, format, and place in which the seller would normally keep those records in the ordinary course of business.

ATCP 127.18(2)(b) (b) The department, pursuant to an investigation of possible violations of this subchapter, may ask a seller to provide copies of records under sub. (1) that are reasonably relevant to that investigation. The seller shall provide the requested copies within a reasonable time specified by the department.

ATCP 127.18 Note Note: See ss. 93.15 and 93.16, Stats.

ATCP 127.18(2)(c) (c) An agent engaged in telephone transactions on behalf of a principal seller need not keep duplicate copies of records which that principal seller keeps according to this section. A principal seller who contracts to have an agent keep records for the principal seller need not keep duplicate copies of records which that agent keeps according to that contract and this section. An employee need not keep duplicate copies of records that his or her employer keeps according to this section.

ATCP 127.18 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 16-012: am. (title) Register August 2016 No. 728, eff. 9-1-16.

ATCP 127.20 ATCP 127.20 Assisting violations. No person may knowingly assist any seller to engage in any activity or practice in violation of this subchapter.

ATCP 127.20 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

subch. III of ch. ATCP 127 Subchapter III — Mail Solicitations

ATCP 127.30 ATCP 127.30 Definitions. In this subchapter:

ATCP 127.30(1) (1) “Catalog” means a multi-page written publication which a seller publishes at least annually, and which contains all of the following:

ATCP 127.30(1)(a) (a) The seller’s name and address.

ATCP 127.30(1)(b) (b) Written or graphic descriptions of goods or services which the seller offers for sale.

ATCP 127.30(1)(c) (c) The prices at which the goods or services under par. (b) are offered for sale.

ATCP 127.30(2) (2) “Mail solicitation” means a written or graphic solicitation, under s. ATCP 127.01 (22), that a seller delivers by mail or other means to a consumer’s residence or to a consumer who is individually identified in the solicitation. “Mail solicitation” includes a telefax or electronic mail solicitation. “Mail solicitation” does not include a catalog, a radio or television broadcast, an internet home page, a telephone solicitation under subch. II, or a face-to-face solicitation under subch. IV.

ATCP 127.30(3) (3) “Mail transaction” means any of the following:

ATCP 127.30(3)(a) (a) A mail solicitation.

ATCP 127.30(3)(b) (b) Purchase contracts and other dealings that result from a mail solicitation.

ATCP 127.30 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.32 ATCP 127.32 Opening disclosures.

ATCP 127.32(1) (1) Disclosures required. A mail solicitation shall disclose all of the following in writing:

ATCP 127.32(1)(a) (a) The name of the principal seller.

ATCP 127.32 Note Note: For example, a firm making mail solicitations on behalf of another company must disclose the name of the company for which it is acting as agent. The firm may also disclose its own identity, but is not required to do so.

ATCP 127.32(1)(b) (b) That the seller is offering or promoting the sale of consumer goods or services.

ATCP 127.32(1)(c) (c) The nature of the goods or services which the seller is offering or promoting.

ATCP 127.32(2) (2) Fictitious names. A seller may not use any fictitious name under sub. (1) (a) or s. ATCP 127.34 (1) (d), except that a seller may use a trade name if all of the following apply:

ATCP 127.32(2)(a) (a) The seller is widely known by, and consistently does business under, that name.

ATCP 127.32(2)(b) (b) The name does not have the tendency or capacity to confuse or mislead the consumer as to the seller’s true identity.

ATCP 127.32 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.34 ATCP 127.34 Disclosures prior to sale.

ATCP 127.34(1) (1) Disclosures required. In a mail transaction, a seller shall disclose all of the following to a consumer, in writing, before the consumer enters into a purchase contract and before the seller takes the consumer’s credit card number or accepts any payment from the consumer:

ATCP 127.34(1)(a) (a) The nature and quantity of consumer goods or services included in the sale.

ATCP 127.34(1)(b) (b) The total cost to purchase and receive the consumer goods or services.

ATCP 127.34(1)(c) (c) All material terms and conditions affecting the sale, receipt, or use of the consumer goods or services, including credit terms if any.

ATCP 127.34 Note Note: Consumer credit disclosures under par. (c) must comply with applicable requirements under ch. 422, Stats., and federal law.

ATCP 127.34(1)(d) (d) The name and mailing address of the principal seller.

ATCP 127.34(1)(e) (e) The seller’s policy related to refunds, cancellations, exchanges, or repurchases if any of the following apply:

ATCP 127.34(1)(e)1. 1. The seller has a policy that prevents or substantially limits refunds, cancellations, exchanges, or repurchases.

ATCP 127.34(1)(e)2. 2. The seller makes any claim or representation regarding refunds, cancellations, exchanges, or repurchases.

ATCP 127.34(2) (2) Language other than english. If the primary language used in a mail solicitation is not English, the seller shall make the disclosures under sub. (1) in the language primarily used.

ATCP 127.34 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.36 ATCP 127.36 Prize promotions.

ATCP 127.36(1) (1) Illegal lotteries. In a mail transaction, no seller may use a prize promotion that violates s. 945.02 (3), Stats.

ATCP 127.36(2) (2) Prize notice; requirements. In a mail transaction, no seller may use a prize promotion that violates s. 100.171, Stats.

ATCP 127.36(3) (3) Prize promotions; misrepresentations. No seller may misrepresent the material terms of a prize promotion used in a mail transaction.

ATCP 127.36 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.38 ATCP 127.38 Unauthorized payment. No seller in a mail transaction may obtain or submit for payment any check, draft, or other negotiable instrument drawn on a consumer’s account without that consumer’s express, verifiable authorization. The authorization shall comply with s. ATCP 127.10.

ATCP 127.38 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.40 ATCP 127.40 Delivering ordered goods. A seller in a mail transaction shall comply with s. 100.174, Stats.

ATCP 127.40 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.42 ATCP 127.42 Credit card laundering.

ATCP 127.42(1) (1) No merchant may present to or deposit into a credit card system for payment, or cause another person to present to or deposit into a credit card system for payment, any credit card sales draft generated by a mail transaction that is not a sale by that merchant to the holder of that credit card.