ATCP 127.74 ATCP 127.74 Prohibited practices. No seller may do any of the following in a face-to-face transaction:

ATCP 127.74(1) (1) Threaten, intimidate, or harass a consumer.

ATCP 127.74(2) (2) Fail to leave a consumer’s premises upon request.

ATCP 127.74(3) (3) Request or receive payment for seeking or arranging a loan or extension of credit until the consumer actually receives that loan or extension of credit, if the seller has represented that efforts to obtain a loan or extension of credit would likely be successful.

ATCP 127.74(4) (4) Fail to do either of the following if the transaction qualifies as a consumer approval transaction under s. 423.201, Stats., and is not subject to s. 423.202 (4), Stats.:

ATCP 127.74(4)(a) (a) Provide a notice under s. 423.203, Stats., of the consumer’s right to cancel.

ATCP 127.74(4)(b) (b) Honor the consumer’s right to cancel under s. 423.202, Stats.

ATCP 127.74 Note Note: Under s. 423.202, Stats., a consumer may cancel a consumer approval transaction until midnight of the 3rd business day after the seller gives the consumer a required written notice of cancellation rights under s. 423.203, Stats. The consumer’s cancellation rights under s. 423.202, Stats., are in addition to any other cancellation rights which the consumer may have under contract law.

ATCP 127.74 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

ATCP 127.76 ATCP 127.76 Record keeping.

ATCP 127.76(1) (1) Records required. A seller engaged in face-to-face transactions shall keep all of the following records related to those transactions:

ATCP 127.76(1)(a) (a) Copies of all advertising, brochures, sales scripts, seller training materials, sales and promotional materials, and documents provided to consumers in face-to-face transactions. This paragraph does not require a seller to keep duplicate copies of substantially identical documents.

ATCP 127.76(1)(b) (b) The following records related to each prize which the seller offers or awards to consumers if the seller represents to any consumer, directly or by implication, that the prize has a value of $25 or more:

ATCP 127.76(1)(b)1. 1. An identification of the prize.

ATCP 127.76(1)(b)2. 2. The name and last known address of every consumer who received the prize.

ATCP 127.76(1)(c) (c) The name and last known address of every consumer who purchased goods or services in a face-to-face 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 127.76(1)(d) (d) The following information related to every individual who has made face-to-face solicitations as the seller’s employee or agent:

ATCP 127.76(1)(d)1. 1. The individual’s name, last known address, and telephone number.

ATCP 127.76(1)(d)2. 2. Every fictitious name which the individual has used when making face-to-face solicitations. No seller may permit more than one employee or contract agent to use the same fictitious name.

ATCP 127.76(1)(d)3. 3. The individual’s job title or titles.

ATCP 127.76(1)(e) (e) All written authorizations required under s. ATCP 127.68.

ATCP 127.76(2) (2) Keeping records.

ATCP 127.76(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 127.76 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 127.76(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 127.76 Note Note: See ss. 93.15 and 93.16, Stats.

ATCP 127.76(2)(c) (c) An agent engaged in face-to-face 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 127.76 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 127.78 ATCP 127.78 Assisting violations. No person may knowingly assist any seller to engage in any activity or practice in violation of this subchapter.