Chapter ATCP 127

ATCP 127.81(4) (4) Registration expires. A registration under this section expires on November 30 of each year.

ATCP 127.81(5) (5) Reduction or waiver of quarterly installments. The department may reduce or waive one or more quarterly installments under sub. (3m) if the department’s projected fiscal-year-end cash balance in the appropriation under s. 20.115 (8) (jm), Stats., exceeds the department’s projected fiscal year expenditures from that appropriation during that fiscal year by at least 15%. A reduction or waiver, if any, shall apply to all registrants. A reduction, if any, shall be a uniform percentage reduction in the quarterly installment that a registrant would otherwise pay. A reduction or waiver of a quarterly installment reduces, by the amount of that reduction or waiver, the annual fee required under sub. (3).

ATCP 127.81(6) (6) Updated information. A registrant shall do all the following whenever there is a material change in the information provided under sub. (2) during a registration year:

ATCP 127.81(6)(a) (a) Notify the department of the change.

ATCP 127.81(6)(b) (b) Pay any additional fees owed for that registration year as a result of the change.

ATCP 127.81 History History: CR 02-036: cr. Register November 2002 No. 563, eff. 12-1-02; CR 10-045: am. (1) (a), (c) Register December 2010 No. 660, eff. 1-1-11; EmR1413: emerg. r. and recr. (2) (j), r. (3) (c) to (e), eff. 8-1-14; CR14-050: r. and recr. (2) (j), r. (3) (c) to (e) Register April 2015 No. 712, eff. 5-1-15.

ATCP 127.82 ATCP 127.82 Do-not-call registry.

ATCP 127.82(1) (1) Obtaining the registry. Registered telephone solicitors must obtain and use a current state do-not-call registry from the national do-not-call registry website at least once every 31 days.

ATCP 127.82 Note Note: The state do-not-call registry can be obtained at this website http://telemarketing.donotcall.gov/. Registration with the FTC and a valid Subscriber Access Number are required.

ATCP 127.82(2) (2) Solicitations prohibited. No person may make a telephone solicitation, either directly or through an employee or agent, to a covered telephone customer whose telephone number appears on the current state do-not-call registry. A telephone solicitation made in violation of this subsection does not, by itself, result in a monetary loss for which a current telephone customer may seek recovery under s. 100.20 (5), Stats., unless that customer sustains an actual monetary loss as a result of another violation of this chapter.

ATCP 127.82(3) (3) State do-not-call registry not open to public inspection. The department may not release a state do-not-call registry, except that the department may release a state do-not-call registry as necessary to enforce this subchapter, or to comply with a subpoena or judicial process, subject to any protective orders that may be necessary to ensure the confidentiality of the list.

ATCP 127.82 History History: CR 02-036: cr. Register November 2002 No. 563, eff. 12-1-02; CR 10-045: am. (1), (2), (3) (a), (b), (6) Register December 2010 No. 660, eff. 1-1-11; EmR1413: emerg. r. and recr. (title) and (1), am. (2), r. (3) to (7), r. and recr. (8) eff. 8-1-14; CR14-050: r. and recr. Register April 2015 No. 712, eff. 5-1-15.

ATCP 127.83 ATCP 127.83 Telephone solicitation practices.

ATCP 127.83(1) (1) Persons making telephone solicitations shall comply with applicable requirements in subchapter II.

ATCP 127.83(2) (2) No person may do any of the following:

ATCP 127.83(2)(a) (a) Make a telephone solicitation in violation of s. ATCP 127.81 or 127.82.

ATCP 127.83(2)(b) (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).

ATCP 127.83 Note Note: A written agreement and disclosures may be in an electronic form as provided in s. 137.15, Stats.

ATCP 127.83(2)(c) (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.

ATCP 127.83(2)(d) (d) Require, instruct, or authorize any person to violate this subchapter, or knowingly facilitate any person’s violation of this subchapter.

ATCP 127.83(2)(e) (e) Use caller-ID blocking when making a telephone solicitation.

ATCP 127.83(2)(f) (f) Falsify any information required under this subchapter.

ATCP 127.83(3) (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.

ATCP 127.83(4) (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.

ATCP 127.83 History History: 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; CR14-050: am. (2) (b), (c), (4) Register April 2015 No. 712, eff. 5-1-15.

ATCP 127.84 ATCP 127.84 Record keeping.

ATCP 127.84(1) (1) Records required. Persons who employ or contract with individuals to make telephone solicitations shall keep all of the following records:

ATCP 127.84(1)(a) (a) The telephone numbers and SMS accesses to make telephone solicitations.

ATCP 127.84(1)(b) (b) Each written agreement provided pursuant to s. ATCP 127.80 (10) (c) and s. ATCP 127.83 (2) (b).

ATCP 127.84(1)(c) (c) The records required pursuant to s. ATCP 127.18 (1).

ATCP 127.84(2) (2) Keeping records.

ATCP 127.84(2)(a) (a) A seller shall keep each record required under sub. (1) for at least 3 years after the seller creates that record.

ATCP 127.84(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 127.84 History History: CR 02-036: cr. Register November 2002 No. 563, eff. 12-1-02; CR14-050: r. and recr. Register April 2015 No. 712, eff. 5-1-15; CR 16-012: am. (title) Register August 2016 No. 728, eff. 9-1-16.