ATCP 127.80 History History: 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 127.81 ATCP 127.81 Telephone solicitors; registration.

ATCP 127.81(1) (1) Registration required.

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)(a)2. 2. The telephone solicitations are covered by a registration under par. (b).

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 Note Note: 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)(c) (c) The registrant’s federal tax identification (FEIN) number.

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.

ATCP 127.81(2)(h) (h) The telephone number assigned to each telephone line counted under par. (g).

ATCP 127.81(2)(i) (i) The number of individuals who will make telephone solicitations under the registration. The registrant shall provide the names of the individuals if the department requests those names. A person who registers under sub. (1) (b) on behalf of another person shall identify that other person.

ATCP 127.81(2)(j) (j) The registrant’s valid subscription access number (SAN) for the national do-not-call registry.

ATCP 127.81(3) (3) Fees. A person registering under sub. (2) shall pay the following annual fees, or an annual fee of $20,000, whichever is less:

ATCP 127.81(3)(a) (a) A basic annual registration fee of $700 for the first year of registration, and $500 for each subsequent year.

ATCP 127.81(3)(b) (b) A supplementary annual fee of $75 for each telephone line identified under sub. (2) (g). This fee does not apply if the registrant identifies fewer than 4 telephone lines under sub. (2) (g).

ATCP 127.81(3m) (3m) Quarterly installments. A registrant shall pay the annual fees under sub. (3) in quarterly installments, as follows:

ATCP 127.81(3m)(a) (a) The first quarterly installment is due by the first day of the registration year, or on the date of initial registration, whichever is later.

ATCP 127.81(3m)(b) (b) The second quarterly installment is due on March 1 of the registration year, or on the date of initial registration, whichever is later.

ATCP 127.81(3m)(c) (c) The third quarterly installment is due on June 1 of the registration year, or on the date of initial registration, whichever is later.

ATCP 127.81(3m)(d) (d) The fourth quarterly installment is due on September 1 of the registration year, or on the date of initial registration, whichever is later.

ATCP 127.81(4) (4) Registration expires. A registration under this section expires on November 30 of each year.