ATCP 127.62 Note 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.

ATCP 127.62(1)(b) (b) The name of the individual making the face-to-face solicitation.

ATCP 127.62 Note 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.

ATCP 127.62(1)(c) (c) That the seller is offering or promoting the sale of consumer goods or services.

ATCP 127.62(1)(d) (d) The nature of the goods or services which the seller is offering or promoting.

ATCP 127.62(2) (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.

ATCP 127.62(3) (3) Fictitious names.

ATCP 127.62(3)(a) (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:

ATCP 127.62(3)(a)1. 1. The seller is widely known by, and consistently does business under, that name.

ATCP 127.62(3)(a)2. 2. The name does not have the tendency or capacity to confuse or mislead the consumer as to the seller’s true identity.

ATCP 127.62(3)(b) (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:

ATCP 127.62(3)(b)1. 1. No other individual making face-to-face solicitations for the same seller uses the same fictitious name.

ATCP 127.62(3)(b)2. 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.

ATCP 127.62 Note 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.

ATCP 127.62 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.64 ATCP 127.64 Disclosures prior to sale.

ATCP 127.64(1) (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:

ATCP 127.64(1)(a) (a) The nature and quantity of consumer goods or services included in the sale.

ATCP 127.64(1)(b) (b) The total cost to purchase and receive the consumer goods or services.

ATCP 127.64(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 127.64 Note Note: Consumer credit disclosures under par. (c) must comply with applicable requirements under ch. 422, Stats., and federal law.

ATCP 127.64(1)(d) (d) The name, mailing address, and telephone number of the principal seller.

ATCP 127.64 Note 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.

ATCP 127.64(1)(e) (e) The seller’s policy related to refunds, cancellations, exchanges, or repurchases if any of the following apply:

ATCP 127.64(1)(e)1. 1. The seller has a policy that prevents or substantially limits refunds, cancellations, exchanges, or repurchases.

ATCP 127.64(1)(e)2. 2. The seller makes any claim or representation regarding refunds, cancellations, exchanges, or repurchases.

ATCP 127.64(2) (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.

ATCP 127.64(3) (3) Language other than english.

ATCP 127.64(3)(a) (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.