ATCP 127.80(10)(b)2.2. Sells or promotes the sale of goods that the person who calls or sends a text message buys from another person who controls or limits the sales methods of the person who calls or sends a text message. ATCP 127.80(10)(c)(c) A telephone call or text message made in response to the recipient’s affirmative request for that call or text message. ATCP 127.80 NoteNote: A failure to respond to a negative option (“we will call unless you say no”) is not an “affirmative request” under par. (c).
ATCP 127.80 NoteNote: See definition of “client” under sub. (2).
ATCP 127.80(10)(e)(e) A telephone call or text message made to a number listed in the current local business telephone directory. ATCP 127.80(10)(f)(f) One telephone call or text message to determine whether a former client mistakenly allowed a contractual relationship to lapse. ATCP 127.80(10)(g)(g) A telephone call or text message made to determine a former client’s level of satisfaction, unless the call or text message is part of a plan or scheme to encourage the former client to purchase property, goods, or services. ATCP 127.80(10)(i)(i) A telephone call or text message, made to a party to an existing contract, that is necessary to complete the contract. ATCP 127.80(11)(11) “Telecommunications utility” has the meaning given in s. 196.01 (10), Stats. “Telecommunications utility” includes an “alternative telecommunication utility” as defined in s. 196.01 (1d), Stats., and a commercial mobile radio service provider as defined in s. 196.01 (2g), Stats. ATCP 127.80(12)(12) “Text message” means an electronic text or graphic message sent to a cellular telephone, pager, or similar wireless device that is equipped with SMS or similar capability. “Text message” includes messages originated using SMS, e-mail, or similar electronic communication. ATCP 127.80 HistoryHistory: CR 02-036: cr. Register November 2002 No. 563, eff. 12-1-02; CR 10-045: renum. (3), (5), (6), (9) to be (6), (4), (7), (10) and am., cr. (3), renum. (4), (7), (8) to be (5), (8), (9) Register December 2010 No. 660, eff. 1-1-11; (10), as renumbered, is renumbered (11) under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660; CR: 12-036: cr. (6m), am. (8), (10) (intro.), (a) (intro.), (b) (intro.), 2., (c) to (i), cr. (12) Register May 2013 No. 689, eff. 6-1-13; correction in (10) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689; correction in (10) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2013 No. 696; EmR1413: emerg. r. and recr. (5), cr. (6r), am. (10) (c), eff. 8-1-14; CR14-050: am. r. and recr. (5), cr. (6r), am. (10) (c) Register April 2015 No. 712, eff. 5-1-15. ATCP 127.81ATCP 127.81 Telephone solicitors; registration. ATCP 127.81(1)(a)(a) No person may employ or contract with any individual to make telephone solicitations to covered telephone customers unless one of the following applies: ATCP 127.81(1)(a)1.1. That person is currently registered with the department under this section. This registration covers telephone solicitations made by individuals acting as employees or agents of the registrant. ATCP 127.81(1)(b)(b) A person who sells property, goods, or services may register under this section on behalf of a person who employs or contracts with individuals to make telephone solicitations promoting the purchase of property, goods, or services from the registrant. This registration covers telephone solicitations that those individuals make for that purpose. It does not cover telephone solicitations promoting the purchase of property, goods, or services from persons other than the registrant. ATCP 127.81 NoteNote: For example, an insurance company may register under par. (b) on behalf of a self-employed insurance agent whose employees telemarket that company’s insurance. But that registration does not cover the agent’s employees when they telemarket another company’s insurance.
ATCP 127.81(1)(c)(c) No individual may make a telephone solicitation to a covered telephone customer unless the telephone solicitation is covered by a registration under this section. ATCP 127.81(2)(2) Annual registration. To register under this section, a person shall complete an annual registration form provided by the department. The registrant shall file, with the registration form, all quarterly fee installments required under sub. (3m). The registration form shall include all the following: ATCP 127.81(2)(a)(a) The registrant’s correct legal name, and all trade names under which the registrant does business. ATCP 127.81(2)(b)(b) The registrant’s principal business address and telephone number. The business address shall include street address, zip code, state or province, and nation. ATCP 127.81(2)(d)(d) The name and address of the registrant’s registered agent in this state, if any. ATCP 127.81(2)(e)(e) The name and address of a person who will accept service of process on behalf of the registrant, if other than a registered agent under par. (d). ATCP 127.81(2)(f)(f) The name, address, and telephone number of a person who may respond, on behalf of the registrant, to department notices and inquiries. ATCP 127.81(2)(g)(g) The number of telephone lines that will be used to make telephone solicitations under the registration.