ATCP 127.48(1)(c) (c) The name and last known address of every consumer who purchased goods or services in a mail transaction with the seller, the date on which the consumer purchased those goods or services, the date on which the seller provided those goods or services to the consumer, and the amount which the consumer paid for those goods or services.

ATCP 127.48(1)(d) (d) Documentation that the seller has systems and procedures which assure compliance, in the ordinary course of business, with s. 100.174, Stats.

ATCP 127.48(2) (2) Keeping records.

ATCP 127.48(2)(a) (a) A seller shall keep each record required under sub. (1) for at least 2 years after the seller creates that record.

ATCP 127.48 Note Note: A seller may keep records required under sub. (1) in the form, manner, format, and place in which the seller would normally keep those records in the ordinary course of business.

ATCP 127.48(2)(b) (b) The department, pursuant to an investigation of possible violations of this subchapter, may ask a seller to provide copies of records under sub. (1) that are reasonably relevant to that investigation. The seller shall provide the requested copies within a reasonable time specified by the department.

ATCP 127.48 Note Note: See ss. 93.15 and 93.16, Stats.

ATCP 127.48(2)(c) (c) An agent engaged in mail transactions on behalf of a principal seller need not keep duplicate copies of records which that principal seller keeps according to this section. A principal seller who contracts to have an agent keep records for the principal seller need not keep duplicate copies of records which that agent keeps according to that contract and this section. An employee need not keep duplicate copies of records that his or her employer keeps according to this section.

ATCP 127.48 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 16-012: am. (title) Register August 2016 No. 728, eff. 9-1-16.

ATCP 127.50 ATCP 127.50 Assisting violations. No person may knowingly assist any seller to engage in any activity or practice in violation of this subchapter.

ATCP 127.50 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

subch. IV of ch. ATCP 127 Subchapter IV — Face-to-Face Solicitations

ATCP 127.60 ATCP 127.60 Definitions. In this subchapter:

ATCP 127.60(1) (1) “Face-to-face solicitation” means a solicitation, under s. ATCP 127.01 (22), that a seller makes in a face-to-face encounter with a consumer.

ATCP 127.60 Note Note: For example, a door-to-door seller is engaged in “face-to-face solicitations.”

ATCP 127.60(2) (2) “Face-to-face transaction” means any of the following:

ATCP 127.60(2)(a) (a) A face-to-face solicitation.

ATCP 127.60(2)(b) (b) Purchase contracts and other dealings that result from a face-to-face solicitation.

ATCP 127.60 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.62 ATCP 127.62 Opening disclosures.

ATCP 127.62(1) (1) Disclosures required. In a face-to-face solicitation, a seller shall disclose all of the following to the consumer:

ATCP 127.62(1)(a) (a) The name of the principal seller.

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.