Chapter 100

100.51(4)(b) (b) Paragraph (a) applies to a motor fuel dealer after he or she renews or extends a motor fuel dealership agreement with a motor fuel grantor on or after May 17, 1988.

100.51(5) (5) Motor vehicles used by disabled; service.

100.51(5)(a) (a) In this subsection:

100.51(5)(a)1. 1. “Motor vehicle” has the meaning given in s. 340.01 (35).

100.51(5)(a)2. 2. “Pump” means a device used to dispense motor fuel for sale at retail.

100.51(5)(b) (b) A motor fuel dealer shall have an employee dispense motor fuel into a motor vehicle from a full-service pump at the same price as the motor fuel dealer charges the general public for the same grade of motor fuel dispensed from a self-service pump, if all of the following apply:

100.51(5)(b)1. 1. The motor vehicle displays special registration plates issued under s. 341.14 (1), (1a), (1m), or (1q) or a special identification card issued under s. 343.51 or is a motor vehicle registered in another jurisdiction and displays a registration plate, card or emblem issued by the other jurisdiction that designates that the vehicle is used by a physically disabled person.

100.51(5)(b)2. 2. The driver of the motor vehicle asks for the same price as charged for motor fuel dispensed from a self-service pump.

100.51(5)(b)3. 3. The motor fuel dealer sells motor fuel at retail from both full-service and self-service pumps.

100.51(5)(c) (c) An employee of a motor fuel dealer who dispenses motor fuel under par. (b) need not provide any other services that are not provided to a customer who uses a self-service pump.

100.51(5)(d) (d) A motor fuel dealer that violates par. (b) may be required to forfeit not more than $100 for each violation.

100.51(6) (6) Unblended gasoline sales requirement.

100.51(6)(a) (a) A motor fuel grantor that provides gasoline to a motor fuel dealer under a motor fuel dealership agreement shall offer gasoline to the motor fuel dealer that is not blended with ethanol and that is suitable for subsequent blending with ethanol and for resale. For purposes of this subsection, gasoline that is not blended with ethanol is not suitable for subsequent sale if the price charged for the unblended gasoline by the motor fuel grantor does not fairly reflect the average posted terminal price, as defined in s. 100.30 (2) (a).

100.51(6)(b) (b) No motor fuel dealership agreement or contract between a motor fuel dealer and a motor fuel grantor may require a motor fuel dealer to purchase ethanol for blending purposes only from the motor fuel grantor.

100.51(6)(c) (c) Nothing in this subsection prohibits a motor fuel dealership agreement from requiring the motor fuel dealer to blend gasoline received under par. (a) with a specified amount of ethanol by volume prior to the sale of the gasoline to the end user.

100.51(6)(d) (d) Nothing in this subsection prohibits a motor fuel dealership agreement from providing for the transfer of credits under 42 USC 7545 (o) (2) between the motor fuel dealer and the motor fuel grantor.

100.51(6)(f) (f) A motor fuel grantor is not liable for penalties or damages arising out of the subsequent blending by another person of gasoline provided under this subsection. A motor fuel dealer that purchases gasoline that is not blended with ethanol and later sells the gasoline blended with ethanol shall provide prominent notice to the motor fuel dealer’s customers identifying the person that blended the gasoline with ethanol.

100.51(6)(g) (g) Paragraph (a) does not apply to the provision of gasoline by a motor fuel grantor to a motor vehicle fuel dealer located in a nonattainment area, as defined under s. 285.01 (30).

100.51 History History: 1987 a. 95, 399; 1989 a. 31; 1995 a. 27; 1997 a. 35; 1997 a. 111 s. 30; Stats. 1997 s. 100.51; 2009 a. 246, 401.

100.52 100.52 Telephone solicitations.

100.52(1) (1) Definitions.

100.52(1)(b) (b) “Basic local exchange service” has the meaning in s. 196.01 (1g).

100.52(1)(bd) (bd) “Caller identification record” means a record that is delivered electronically to the recipient of a telephone call or text message simultaneously with the reception of the telephone call or text message and that indicates the telephone number from which the telephone call or text message was initiated or similar information regarding the telephone call or text message.

Effective date note NOTE: Par. (bd) is created eff. 4-1-25 by 2023 Wis. Act 243.

100.52(1)(bm) (bm) “Commercial mobile service” has the meaning given in s. 196.01 (2i).

100.52(1)(c) (c) “National do-not-call registry” means the national database established by the federal trade commission under 47 USC 227 (c) (3) that consists of telephone numbers of residential customers who object to receiving telephone solicitations.

100.52(1)(d) (d) “Nonresidential customer” means a person, other than a residential customer, who is furnished with telecommunications service by a telecommunications utility.

100.52(1)(f) (f) “Residential customer” means an individual who is furnished with basic local exchange service or commercial mobile service by a telecommunications utility, but does not include an individual who operates a business at his or her residence.

100.52(1)(fm) (fm) “State do-not-call registry” means the portion of the national do-not-call registry that consists of telephone numbers with Wisconsin area codes.

100.52(1)(g) (g) “Telecommunications service” has the meaning given in s. 196.01 (9m).

100.52(1)(h) (h) “Telecommunications utility” has the meaning given in s. 196.01 (10).

100.52(1)(i) (i) “Telephone solicitation” means the unsolicited initiation of a telephone conversation or text message for the purpose of encouraging the recipient of the telephone call or text message to purchase property, goods or services.

100.52(1)(j) (j) “Telephone solicitor” means a person, other than a nonprofit organization or an employee or contractor of a nonprofit organization, that employs or contracts with an individual to make a telephone solicitation.

100.52(1m) (1m) National do-not-call registry. The department may cooperate with the federal trade commission to add telephone numbers included in the nonsolicitation directory, as defined in s. 100.52 (1) (e), 2011 stats., to the national do-not-call registry.

100.52(3) (3) Registration of telephone solicitors. The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay an initial registration fee and an annual registration renewal fee to the department. The amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations or some other methodology established by the department by rule. The rules shall also require a telephone solicitor that registers with the department to, at the time of initial registration, the time of annual renewal, and any other time upon request of the department, provide the department with proof that the telephone solicitor has complied with federal law in obtaining copies and updated versions of the state do-not-call registry. The amount of the fees shall be based on the amount required to administer and enforce this section and to provide the amounts appropriated under s. 20.115 (1) (im).

100.52(4) (4) Telephone solicitor requirements.

100.52(4)(a) (a) A telephone solicitor or an employee or contractor of a telephone solicitor may not do any of the following:

100.52(4)(a)1. 1. Use an electronically prerecorded message in telephone solicitation without the consent of the recipient of the telephone call.

100.52(4)(a)2. 2. Make a telephone solicitation to a telephone number that, at the time the solicitation is made, is listed on the state do-not-call registry.

100.52(4)(a)3. 3. Make a telephone solicitation to a nonresidential customer if the nonresidential customer has provided notice by mail to the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.

100.52(4)(a)4. 4. When making a telephone solicitation, block the transmission of a caller identification record.

Effective date note NOTE: Subd. 4. is created eff. 4-1-25 by 2023 Wis. Act 243.

100.52(4)(a)5. 5. When making a telephone solicitation, knowingly transmit a misleading or inaccurate caller identification record, except that a telephone solicitor or an employee or contractor of a telephone solicitor may transmit the name of the seller on whose behalf the telephone solicitation is being made and the seller’s customer service telephone number if an individual may call that number to make a do-not-call request during regular business hours.

Effective date note NOTE: Subd. 5. is created eff. 4-1-25 by 2023 Wis. Act 243.

100.52(4)(b) (b) A telephone solicitor may not do any of the following:

100.52(4)(b)1. 1. Require an employee or contractor to make a telephone solicitation to a person in this state unless the telephone solicitor is registered with the department under the rules promulgated under sub. (3).

100.52(4)(b)2. 2. Require an employee or contractor to make a telephone solicitation that violates par. (a).

100.52(4)(b)3. 3. Use or possess a copy or updated version of the state do-not-call registry that the telephone solicitor has obtained in violation of federal law.

100.52(4)(c) (c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential customer shall, upon the request of the nonresidential customer, provide the mailing address for notifying the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.

100.52(4)(d) (d) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify at the beginning of the telephone conversation each of the following:

100.52(4)(d)1. 1. The telephone solicitor.

100.52(4)(d)2. 2. If different than the telephone solicitor, the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation.

100.52(6) (6) Exceptions.

100.52(6)(am) (am) Subsections (4) (a) 2. and 3. do not apply to a telephone solicitation that satisfies any of the following:

100.52(6)(am)1. 1. The telephone solicitation is made to a recipient in response to the recipient’s request for the telephone solicitation.

100.52(6)(am)2. 2. The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.

100.52(6)(c) (c) Subsection (4) (a) 5. does not apply to the transmission of a caller identification record in connection with the authorized activity of a law enforcement agency or a court order that specifically authorizes the manipulation of a caller identification record.

Effective date note NOTE: Sub. (6) is shown as affected eff. 4-1-25 by 2023 Wis. Act 243. Prior to 4-1-25 it reads:

Effective date text (6) Exceptions. Subsections (4) (a) 2. and 3. do not apply to a telephone solicitation that satisfies any of the following:

Effective date text (a) The telephone solicitation is made to a recipient in response to the recipient’s request for the telephone solicitation.

Effective date text (b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.

100.52(7) (7) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

100.52(8) (8) Rules. The department may promulgate rules to administer and enforce this section.

100.52(9) (9) Department duties.

100.52(9)(a) (a) The department shall publicize the procedures for a residential customer to add a telephone number to the national do-not-call registry.

100.52(9)(b) (b) The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.

100.52(10) (10) Penalties.

100.52(10)(a) (a) Except as provided in par. (b) or (c), a person who violates this section may be required to forfeit $100 for each violation.

Effective date note NOTE: Par. (a) is shown as amended eff. 4-1-25 by 2023 Wis. Act 243. Prior to 4-1-25 it reads:

Effective date text (a) Except as provided in par. (b), a person who violates this section may be required to forfeit $100 for each violation.

100.52(10)(b) (b) A telephone solicitor that violates sub. (4) (a) 1. to 3., (b), (c), or (d) may be required to forfeit not more than $100 for each violation.

Effective date note NOTE: Par. (b) is shown as amended eff. 4-1-25 by 2023 Wis. Act 243. Prior to 4-1-25 it reads:

Effective date text (b) A telephone solicitor that violates sub. (4) may be required to forfeit not more than $100 for each violation.

100.52(10)(c) (c) A telephone solicitor that violates sub. (4) (a) 4. or 5. shall forfeit not less than $100 nor more than $10,000 for each violation.

Effective date note NOTE: Par. (c) is created eff. 4-1-25 by 2023 Wis. Act 243.

100.52 History History: 2001 a. 16 ss. 2435 to 2446f, 2819b, 2821b; 2007 a. 226; 2011 a. 197; 2013 a. 234; 2023 a. 243.

100.52 Cross-reference Cross-reference: See also ch. ATCP 127, Wis. adm. code.

100.523 100.523 Caller identification spoofing.

100.523(1) (1) Definition. In this section, “caller identification record” has the meaning given in s. 100.52 (1) (bd).

100.523(2) (2) Prohibition. Except as provided in sub. (3), no person may, in connection with any telecommunications service, knowingly transmit a misleading or inaccurate caller identification record with the intent to defraud or wrongfully obtain anything of value, including personally identifiable information.

100.523(3) (3) Exemptions. The prohibition in sub. (2) does not apply to any of the following:

100.523(3)(a) (a) The transmission of a caller identification record in connection with the authorized activity of a law enforcement agency or a court order that specifically authorizes the manipulation of a caller identification record.

100.523(3)(b) (b) A provider of telecommunications service, Internet access service, or voice over Internet protocol service that is engaged in any of the following:

100.523(3)(b)1. 1. Acting in the service provider’s capacity as an intermediary for the transmission of telephone service between the caller and the recipient.

100.523(3)(b)2. 2. Providing or configuring a service or service feature as requested by the customer.

100.523(3)(b)3. 3. Acting in a manner that is authorized or required by law.

100.523(4) (4) Rules. The department may promulgate rules to administer and enforce this section.

100.523(5) (5) Enforcement. The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.

100.523(6) (6) Penalty. A person who violates sub. (2) shall forfeit not less than $100 nor more than $10,000 for each violation.