Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter V - Telephone Solicitations; State Do-Not-Call Registry › Section ATCP 127.80 - Definitions

Current through June 24, 2024
(1) "Basic local exchange service" has the
				  meaning given in s.
				  196.01(1g),
				  Stats.
Note:
Under s.
					 196.01(1g),
					 Stats., a "basic local exchange service" only includes service provided to
					 residential customers.
(2)
				  "Client" means a person who has a current agreement to receive, from the
				  telephone caller or the person on whose behalf the call is made, property,
				  goods, or services of the type promoted by the telephone call.
(3) "Commercial mobile service" has the
				  meaning given in s.
				  196.01(2i),
				  Stats.
(4) "Covered telephone
				  customer" means an individual in this state who receives basic local exchange
				  service or commercial mobile service from a telecommunications
				  utility.
(5) "National do-not-call
				  registry" means the national database established by the federal trade
				  commission under
				  47 USC
				  227(c) (3) that consists of
				  telephone numbers of residential customers who object to receiving telephone
				  solicitations.
(6) "Noncovered
				  telephone customer" means a person, other than a covered customer, who receives
				  telecommunications service from a telecommunications utility.
(6m) "Short Message Service (SMS)" means a
				  commonly used system for transmitting data over cellular telephone
				  networks.
(6r) "State do-not-call
				  registry" means the portion of the national do-not-call registry that consists
				  of numbers with Wisconsin area codes.
(7) "Telephone call" means a voice
				  communication over any part of the electromagnetic spectrum to customer
				  premises equipment or through the use of commercial mobile service.
Note:
If a telecommunications provider
					 initiates a voice communication with a customer during a telephone conversation
					 between the customer and a third party, the telecommunications provider has
					 initiated a "telephone call" as that term is used in this subchapter.
(8) "Telephone line" means a
				  circuit or channel, including a voice grade equivalent channel, that is derived
				  from a line, cable, or digital facility, and that may be used to make a
				  telephone call or send a text message.
(9) "Telecommunications service" has the
				  meaning given in s.
				  196.01(9m),
				  Stats.
(10) "Telephone
				  solicitation" means an unsolicited telephone call or text message for the
				  purpose of encouraging the recipient to buy property, goods, or services, or
				  that is part of a plan or scheme to encourage the recipient to buy property,
				  goods, or services. "Telephone solicitation" does not include any of the
				  following:
(a) A telephone call or text
				  message encouraging the recipient to buy property, goods, or services from a
				  nonprofit organization if all of the following apply:
1. The nonprofit organization complies with
				  subch. II of ch. 202, Stats., if applicable.
2. Sale proceeds, if any, are exempt from
				  Wisconsin sales tax and federal income tax.
Note:
The definition of "telephone
					 solicitation" applies to phone calls promoting sales, not charity donations.
					 But it may cover charity solicitations that are really part of a plan or scheme
					 to sell property, goods, or services. Subchapter II of ch. 202, Stats.,
					 regulates charitable solicitations.
Telephone calls promoting sales by nonprofit organizations
					 are exempt
if
the sale proceeds are exempt from Wisconsin
					 sales tax and federal income tax. Section
					 77.54(7m),
					 Stats., defines the scope of the Wisconsin sales tax exemption for sales by
					 nonprofit organizations. Federal income tax laws require an otherwise exempt
					 nonprofit organization to pay income tax on "unrelated business taxable income"
					 as defined in 26 CFR 1.512(a)-1.