Wisconsin Legislature: ATCP 127.48(1)(c)

(5) Misrepresent the nature, quantity, material characteristics, performance, or efficacy of the goods or services offered or promoted by a seller.

(6) Misrepresent or fail to disclose material restrictions, limitations, or conditions on the purchase, receipt, use, or return of goods or services offered or promoted by a seller.

(7) Misrepresent the material terms of a seller’s refund, cancellation, exchange, repurchase, or warranty policies.

(8) Misrepresent that a seller is offering consumer goods or services free of charge or at a reduced price.

(9) Misrepresent that a seller is affiliated with, or endorsed by, any government or 3rd-party organization.

(10) Misrepresent that the seller has specially selected the consumer.

(11) Misrepresent that the seller is conducting a special sales promotion, is making a special offer limited to a few persons, is making a special offer for a limited period of time, or is authorized to place the offered goods or services in a limited number of homes.

(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:

(a) The seller first makes all of the opening disclosures under s. ATCP 127.32.

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

(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.

(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.

(14) Fail to disclose, in connection with every purported offer of free goods or services in a mail 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.

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

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

ATCP 127.46 Prohibited practices. No seller may do any of the following in a mail transaction:

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

(2) 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.

(3) 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.:

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

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

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.

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

ATCP 127.48 Record keeping.

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

(a) Copies of all mail solicitations and other documents provided to consumers in mail transactions. This paragraph does not require a seller to keep duplicate copies of substantially identical documents.

(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:

1. An identification of the prize.

2. The name and last known address of every consumer who received the prize.

(c) The name and last known address of every consumer who purchased goods or services in a mail 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.

(d) Documentation that the seller has systems and procedures which assure compliance, in the ordinary course of business, with s. 100.174, Stats.

(2) Keeping records.

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

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.

(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.

Note: See ss. 93.15 and 93.16, Stats.

(c) An agent engaged in mail 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.

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

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

Subchapter IV — Face-to-Face Solicitations

ATCP 127.60 Definitions. In this subchapter:

(1) “Face-to-face solicitation” means a solicitation, under s. ATCP 127.01 (22), that a seller makes in a face-to-face encounter with a consumer.

Note: For example, a door-to-door seller is engaged in “face-to-face solicitations.”

(2) “Face-to-face transaction” means any of the following:

(a) A face-to-face solicitation.

(b) Purchase contracts and other dealings that result from a face-to-face solicitation.

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

ATCP 127.62 Opening disclosures.

(1) Disclosures required. In a face-to-face solicitation, a seller shall disclose all of the following to the consumer:

(a) The name of the principal seller.

Note: For example, if Mary Smith makes door-to-door solicitations as an employee or agent of the ABC Company, Smith must disclose the name of the ABC Company.

(b) The name of the individual making the face-to-face solicitation.

Note: For example, if Mary Smith makes door-to-door solicitations for the ABC Company, she must also disclose her individual name. Under sub. (3) (b), Smith may use a fictitious name which uniquely identifies her if the ABC Company keeps a record of that uniquely identifying fictitious name.

(d) The nature of the goods or services which the seller is offering or promoting.

(2) Making the disclosures. A seller shall make the disclosures under sub. (1) before asking any questions or making any statements to a consumer, other than an initial greeting. The seller shall make the disclosures orally and in writing.

(3) Fictitious names.

(a) A seller may not use any fictitious name under sub. (1) (a) or s. ATCP 127.64 (1) (d), except that a seller may use a trade name if all of the following apply:

1. The seller is widely known by, and consistently does business under, that name.

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

(b) An individual making face-to-face solicitations as an employee or agent of another seller may disclose a fictitious individual name under sub. (1) (b) if all of the following apply:

1. No other individual making face-to-face solicitations for the same seller uses the same fictitious name.

2. The seller for whom the individual is making the face-to-face solicitation keeps records under s. ATCP 127.76 (1) (d) that correlate the fictitious name with the actual name and address of the individual seller.

Note: Subsection (3) (b) balances the needs of consumers against the privacy interests of individuals employed to make face-to-face solicitations on behalf of a seller.

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

ATCP 127.64 Disclosures prior to sale.

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

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

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

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

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

(d) The name, mailing address, and telephone number of the principal seller.

Note: For example, an individual making face-to-face solicitations on behalf of the ABC company must disclose the name, address, and telephone number of that company.

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

1. The seller has a policy that prevents or substantially limits refunds, cancellations, exchanges, or repurchases.

2. The seller makes any claim or representation regarding refunds, cancellations, exchanges, or repurchases.

(2) Copies of sales agreements. Whenever a consumer signs any written agreement in a face-to-face transaction, the seller shall provide the consumer with a true copy of that agreement.

(3) Language other than english.

(a) If the primary language used in a face-to-face solicitation is not English, the seller shall make the disclosures under sub. (1) in the language primarily used.

(b) If the primary language used in a face-to-face transaction is not English, every written agreement signed by the consumer shall be in English and the language primarily used.

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

ATCP 127.66 Prize promotions.

(1) Illegal lotteries. In a face-to-face transaction, no seller may use a prize promotion that violates s. 945.02 (3), Stats.

(2) Prize notice; requirements. In a face-to-face transaction, no seller may use a prize promotion that violates s. 100.171, Stats.

(3) Prize promotions; misrepresentations. No seller may misrepresent the material terms of a prize promotion used in a face-to-face transaction.

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

ATCP 127.68 Unauthorized payment. No seller in a face-to-face 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, written authorization. Express written authorization may include the customer’s signature on the check, draft, or negotiable instrument.

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