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.