ATCP 127.04 Note Note: For example, if Mary Smith makes telephone solicitations for the ABC Company, Smith must 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 127.04(1)(c) (c) That the seller is offering or promoting the sale of consumer goods or services.

ATCP 127.04(1)(d) (d) The nature of the goods or services which the seller is offering or promoting.

ATCP 127.04(2) (2) Fictitious names.

ATCP 127.04(2)(a) (a) A seller may not use any fictitious name under sub. (1) (a) or s. ATCP 127.06 (1) (d), except that a seller may use a trade name if all of the following apply:

ATCP 127.04(2)(a)1. 1. The seller is widely known by and consistently does business under that name.

ATCP 127.04(2)(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 127.04(2)(b) (b) An individual making a telephone solicitation as an employee or agent of a seller may disclose a fictitious individual name under sub. (1) (b) if all of the following apply:

ATCP 127.04(2)(b)1. 1. No other individual making telephone solicitations for the same seller uses the same fictitious name.

ATCP 127.04(2)(b)2. 2. The seller for whom the individual is making the telephone solicitation keeps records under s. ATCP 127.18 (1) (d) which correlate the fictitious name with the actual name and address of the individual seller.

ATCP 127.04 Note Note: Subsection (2) (b) balances the needs of consumers against the privacy interests of individuals employed to make solicitations on behalf of a seller.

ATCP 127.04 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.06 ATCP 127.06 Disclosures prior to sale.

ATCP 127.06(1) (1) Disclosures required. In a telephone transaction, a seller shall disclose all of the following to a consumer 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 127.06(1)(a) (a) The nature and quantity of consumer goods or services included in the sale.

ATCP 127.06(1)(b) (b) The total cost to purchase and receive the consumer goods or services.

ATCP 127.06(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 127.06 Note Note: Consumer credit disclosures under par. (c) must comply with applicable requirements under ch. 422, Stats., and federal law.

ATCP 127.06(1)(d) (d) The name of the principal seller.

ATCP 127.06 Note Note: For example, a telemarketing firm making solicitations on behalf of another company must disclose the name of the company for which it is acting as agent.

ATCP 127.06(1)(e) (e) At least one of the following:

ATCP 127.06(1)(e)1. 1. The principal seller’s mailing address.

ATCP 127.06(1)(e)2. 2. A local or toll-free telephone number, answered during normal business hours, at which the consumer may contact the principal seller and obtain the principal seller’s address.

ATCP 127.06(1)(f) (f) The seller’s policy related to refunds, cancellations, exchanges, or repurchases if any of the following apply:

ATCP 127.06(1)(f)1. 1. The seller has a policy that prevents or substantially limits refunds, cancellations, exchanges, or repurchases.

ATCP 127.06(1)(f)2. 2. The seller makes any claim or representation regarding refunds, cancellations, exchanges, or repurchases.

ATCP 127.06(2) (2) Form of disclosure. A seller shall make the disclosures under sub. (1) in writing, except that a seller may make the disclosures orally if at least one of the following applies:

ATCP 127.06(2)(a) (a) The seller confirms the disclosures in writing at or before the time the seller first delivers the consumer goods or services to the consumer, and before the seller submits any credit card sales draft for payment or takes any other payment from the consumer.

ATCP 127.06(2)(b) (b) The seller does both of the following in writing at or before the time the seller first delivers consumer goods or services to the customer: