reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.16 - Prohibited practices

Current through June 24, 2024
No seller may do any of the following in a telephone
					 transaction:
(1) Threaten, intimidate
				  or harass a consumer.
(2)
				  Repeatedly or continuously cause a consumer's telephone to ring, or repeatedly
				  or continuously engage a consumer in telephone conversation, if the seller
				  knows or reasonably should know that those actions will have the effect of
				  annoying, abusing or harassing the consumer.
(3) Initiate a telephone solicitation to a
				  consumer before 8:00 AM or after 9:00 PM without the prior consent of the
				  consumer. Time, for purposes of this section, is the local time at the place
				  where the consumer resides.
(4)
				  Initiate a telephone solicitation to a consumer who has previously stated that
				  he or she does not wish to receive telephone solicitations from the seller for
				  whom the solicitation is being made. A seller does not violate this subsection
				  if all of the following apply:
(a) The seller
				  has established and implemented clear written procedures that are reasonably
				  designed to prevent violations.
(b)
				  The seller has trained its personnel in the procedures under par. (a).
(c) The seller maintains a
				  recorded list of persons who have stated that they do not wish to be called by
				  the seller for whom solicitations are being made.
(d) The repeat call is the result of a good
				  faith error, and is not the result of an intentional or systematic disregard of
				  the prohibition under this subsection.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.18 - Record keeping

Current through June 24, 2024
(1) RECORDS REQUIRED. A seller engaged in
				  telephone transactions shall keep all of the following records related to those
				  transactions:
(a) Copies of all telephone
				  solicitation scripts, and all sales and promotional materials used in telephone
				  transactions. This paragraph does not require a seller to keep duplicate copies
				  of substantially identical documents.
(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:
1. An identification of the
				  prize.
2. The name and last known
				  address of every consumer who received the prize.
(c) The name and last known address of every
				  consumer who purchased goods or services in a telephone 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.
(d) The following information related to
				  every individual who has made telephone solicitations as the seller's employee
				  or agent:
1. The individual's name, last
				  known address, and telephone number.
2. Every fictitious name which the individual
				  has used when making telephone solicitations. No seller may permit more than
				  one employee or contract agent to use the same fictitious name.
3. The individual's job title or
				  titles.
(e) All
				  verifiable authorizations required under s.
				  ATCP
				  127.10.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter II - Telephone Solicitations › Section ATCP 127.20 - Assisting violations

Current through June 24, 2024
No person may knowingly assist any seller to engage in any
					 activity or practice in violation of this subchapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter III - Mail Solicitations › Section ATCP 127.30 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Catalog" means a multi-page written
				  publication which a seller publishes at least annually, and which contains all
				  of the following:
(a) The seller's name and
				  address.
(b) Written or graphic
				  descriptions of goods or services which the seller offers for sale.
(c) The prices at which the goods or services
				  under par. (b) are offered for sale.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter III - Mail Solicitations › Section ATCP 127.32 - Opening disclosures

Current through June 24, 2024
(1) DISCLOSURES REQUIRED. A mail solicitation
				  shall disclose all of the following in writing:
(a) The name of the principal seller.
Note: For example, a firm making mail solicitations on
					 behalf of another company must disclose the name of the company for which it is
					 acting as agent. The firm may also disclose its own identity, but is not
					 required to do so.
(b) That
				  the seller is offering or promoting the sale of consumer goods or
				  services.
(c) The nature of the
				  goods or services which the seller is offering or promoting.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter III - Mail Solicitations › Section ATCP 127.34 - Disclosures prior to sale

Current through June 24, 2024
(1) DISCLOSURES
				  REQUIRED. In a mail transaction, a seller shall disclose all of the following
				  to a consumer, in writing, before the consumer enters into a purchase contract
				  and before the seller takes the consumer's credit card number or accepts any
				  payment from the consumer:
(a) The nature and
				  quantity of consumer goods or services included in the sale.
(b) The total cost to purchase and receive
				  the consumer goods or services.
(c)
				  All material terms and conditions affecting the sale, receipt or use of the
				  consumer goods or services, including credit terms if any.
Note: Consumer credit disclosures under par. (c) must
					 comply with applicable requirements under ch. 422, Stats., and federal
					 law.
(d) The name and
				  mailing address of the principal seller.
(e) The seller's policy related to refunds,
				  cancellations, exchanges or repurchases if any of the following apply:
1. The seller has a policy that prevents or
				  substantially limits refunds, cancellations, exchanges or
				  repurchases.
2. The seller makes
				  any claim or representation regarding refunds, cancellations, exchanges or
				  repurchases.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter III - Mail Solicitations › Section ATCP 127.36 - Prize promotions

Current through June 24, 2024
(1) ILLEGAL LOTTERIES. In a mail transaction,
				  no seller may use a prize promotion that violates s.
				  945.02(3),
				  Stats.
(2) PRIZE NOTICE;
				  REQUIREMENTS. In a mail transaction, no seller may use a prize promotion that
				  violates s.
				  100.171,
				  Stats.
(3) PRIZE PROMOTIONS;
				  MISREPRESENTATIONS. No seller may misrepresent the material terms of a prize
				  promotion used in a mail transaction.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter III - Mail Solicitations › Section ATCP 127.38 - Unauthorized payment

Current through June 24, 2024
No seller in a mail transaction may obtain or submit for
					 payment any check, draft or other negotiable instrument drawn on a consumer's
					 account without that consumer's express, verifiable authorization. The
					 authorization shall comply with s.
					 ATCP
					 127.10.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter III - Mail Solicitations › Section ATCP 127.42 - Credit card laundering

Current through June 24, 2024
(1) No merchant may present to or deposit
				  into a credit card system for payment, or cause another person to present to or
				  deposit into a credit card system for payment, any credit card sales draft
				  generated by a mail transaction that is not a sale by that merchant to the
				  holder of that credit card.
(2) No
				  person may employ, solicit or cause a merchant to violate sub. (1).
(3) No seller engaged in a mail transaction
				  may, by means of a business relationship or affiliation with a merchant, obtain
				  access to a credit card system unless that access is authorized by that
				  merchant's written agreement with the credit card system operator, or with an
				  acquirer licensed or authorized by the credit card system
				  operator.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter III - Mail Solicitations › Section ATCP 127.44 - Misrepresentations

Current through June 24, 2024
No seller may do any of the following, directly or by
					 implication, in a mail transaction:
(1) Misrepresent a seller's identity,
				  affiliation, location or characteristics.
(2) Misrepresent the nature or purpose of a
				  mail solicitation.
(3) Misrepresent
				  the nature or terms of a mail transaction, or any document related to that
				  transaction.
(4) Misrepresent the
				  cost of goods or services offered or promoted by a seller, or fail to disclose
				  material costs payable by the consumer.
(5) Misrepresent the nature, quantity,
				  material characteristics, performance or efficacy of the goods or services
				  offered or promoted by a seller.
(6) Misrepresent or fail to disclose material
				  restrictions, limitations or conditions on the purchase, receipt, use or return
				  of goods or services offered or promoted by a seller.
(7) Misrepresent the material terms of a
				  seller's refund, cancellation, exchange, repurchase or warranty
				  policies.
(8) Misrepresent that a
				  seller is offering consumer goods or services free of charge or at a reduced
				  price.
(9) Misrepresent that a
				  seller is affiliated with, or endorsed by, any government or 3rd-party
				  organization.
(10) Misrepresent
				  that the seller has specially selected the consumer.
(11) Misrepresent that the seller is
				  conducting a special sales promotion, is making a special offer limited to a
				  few persons, is making a special offer for a limited period of time, or is
				  authorized to place the offered goods or services in a limited number of
				  homes.
(12) Represent that the
				  seller is participating in a contest or conducting a survey unless the
				  representation is true and all of the following apply:
(a) The seller first makes all of the opening
				  disclosures under s.
				  ATCP
				  127.32.
(b) The seller concurrently discloses the
				  name of the contest or survey sponsor, and the specific terms of the contest or
				  survey.
(c) The seller concurrently
				  discloses that the seller is attempting to sell goods or services, or to obtain
				  information to identify sales prospects, if that is the case.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter III - Mail Solicitations › Section ATCP 127.46 - Prohibited practices

Current through June 24, 2024
No seller may do any of the following in a mail
					 transaction:
(1) Threaten, intimidate
				  or harass a consumer.
(2) 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.
(3) 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.:
(a) Provide a notice under s.
				  423.203,
				  Stats., of the consumer's right to cancel.
(b) Honor the consumer's right to cancel
				  under s.
				  423.202,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter III - Mail Solicitations › Section ATCP 127.48 - Record keeping

Current through June 24, 2024
(1) RECORDS REQUIRED. A seller engaged in
				  mail transactions shall keep all of the following records related to those
				  transactions:
(a) Copies of all mail
				  solicitations and other documents provided to consumers in mail transactions.
				  This paragraph does not require a seller to keep duplicate copies of
				  substantially identical documents.
(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:
1. An identification of the
				  prize.
2. The name and last known
				  address of every consumer who received the prize.
(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.
(d) Documentation that the seller has systems
				  and procedures which assure compliance, in the ordinary course of business,
				  with s.
				  100.174,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.60 - Definitions

Current through June 24, 2024
In this subchapter:
(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.
Note: For example, a door-to-door seller is engaged in
					 "face-to-face solicitations."
(2) "Face-to-face transaction" means any of
				  the following:
(a) A face-to-face
				  solicitation.
(b) Purchase
				  contracts and other dealings that result from a face-to-face
				  solicitation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.62 - Opening disclosures

Current through June 24, 2024
(1) DISCLOSURES REQUIRED. In a face-to-face
				  solicitation, a seller shall disclose all of the following to the consumer:
(a) The name of the principal seller.
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.
(b) The name of the individual making the
				  face-to-face solicitation.
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.
(c) That the seller
				  is offering or promoting the sale of consumer goods or services.
(d) The nature of the goods or services which
				  the seller is offering or promoting.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.64 - Disclosures prior to sale

Current through June 24, 2024
(1) DISCLOSURES
				  REQUIRED. In a face-to-face transaction, a seller shall disclose all of the
				  following to a consumer, in writing, 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:
(a)
				  The nature and quantity of consumer goods or services included in the
				  sale.
(b) The total cost to
				  purchase and receive the consumer goods or services.
(c) All material terms and conditions
				  affecting the sale, receipt or use of the consumer goods or services, including
				  credit terms if any.
Note: Consumer credit disclosures under par. (c) must
					 comply with applicable requirements under ch. 422, Stats., and federal
					 law.
(d) The name, mailing
				  address and telephone number of the principal seller.
Note: For example, an individual making face-to-face
					 solicitations on behalf of the ABC company must disclose the name, address and
					 telephone number of that company.
(e) The seller's policy related to refunds,
				  cancellations, exchanges or repurchases if any of the following apply:
1. The seller has a policy that prevents or
				  substantially limits refunds, cancellations, exchanges or
				  repurchases.
2. The seller makes
				  any claim or representation regarding refunds, cancellations, exchanges or
				  repurchases.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.66 - Prize promotions

Current through June 24, 2024
(1) ILLEGAL LOTTERIES. In a face-to-face
				  transaction, no seller may use a prize promotion that violates s.
				  945.02(3),
				  Stats.
(2) PRIZE NOTICE;
				  REQUIREMENTS. In a face-to-face transaction, no seller may use a prize
				  promotion that violates s.
				  100.171,
				  Stats.
(3) PRIZE PROMOTIONS;
				  MISREPRESENTATIONS. No seller may misrepresent the material terms of a prize
				  promotion used in a face-to-face transaction.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.68 - Unauthorized payment

Current through June 24, 2024
No seller in a face-to-face transaction may obtain or
					 submit for payment any check, draft or other negotiable instrument drawn on a
					 consumer's account without that consumer's express, written authorization.
					 Express written authorization may include the customer's signature on the
					 check, draft or negotiable instrument.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.70 - Credit card laundering

Current through June 24, 2024
(1) No merchant may present to or deposit
				  into a credit card system for payment, or cause another person to present to or
				  deposit into a credit card system for payment, any credit card sales draft
				  generated by a face-to-face transaction that is not a sale by that merchant to
				  the holder of that credit card.
(2)
				  No person may employ, solicit or cause a merchant to violate sub. (1).
(3) No seller engaged in a
				  face-to-face transaction may, by means of a business relationship or
				  affiliation with a merchant, obtain access to a credit card system unless that
				  access is authorized by that merchant's written agreement with the credit card
				  system operator, or with an acquirer licensed or authorized by the credit card
				  system operator.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.72 - Misrepresentations

Current through June 24, 2024
No seller may do any of the following, directly or by
					 implication, in a face-to-face transaction:
(1) Misrepresent a seller's identity,
				  affiliation, location or characteristics.
(2) Misrepresent the nature, purpose or
				  intended length of a face-to-face solicitation.
(3) Misrepresent the nature or terms of a
				  face-to-face transaction, or any document related to that
				  transaction.
(4) Misrepresent the
				  cost of goods or services offered or promoted by a seller, or fail to disclose
				  material costs payable by the consumer.
(5) Misrepresent the nature, quantity,
				  material characteristics, performance or efficacy of the goods or services
				  offered or promoted by a seller.
(6) Misrepresent or fail to disclose material
				  restrictions, limitations or conditions on the purchase, receipt, use or return
				  of goods or services offered or promoted by a seller.
(7) Misrepresent the material terms of a
				  seller's refund, cancellation, exchange, repurchase or warranty
				  policies.
(8) Misrepresent that a
				  seller is offering consumer goods or services free of charge or at a reduced
				  price.
(9) Misrepresent that a
				  seller is affiliated with, or endorsed by, any government or 3rd-party
				  organization.
(10) Represent that
				  the seller has specially selected the consumer unless the representation is
				  true and the seller concurrently discloses to the consumer the specific basis
				  on which the seller makes the representation. The seller may not misrepresent
				  that basis.
(11) Represent that the
				  seller is conducting a special sales promotion, is making a special offer
				  limited to a few persons, is making a special offer for a limited period of
				  time, or is authorized to place the offered goods or services in a limited
				  number of homes, unless the representation is true and the seller concurrently
				  discloses to the consumer the specific basis on which the representation is
				  made. The seller may not misrepresent that basis.
(12) Represent that the seller is
				  participating in a contest or conducting a survey unless the representation is
				  true and all of the following apply:
(a) The
				  seller first makes all of the opening disclosures under s.
				  ATCP
				  127.62.
(b) The seller concurrently discloses the
				  name of the contest or survey sponsor, and the specific terms of the contest or
				  survey.
(c) The seller concurrently
				  discloses that the seller is attempting to sell goods or services, or to obtain
				  information to identify sales prospects, if that is the case.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.74 - Prohibited practices

Current through June 24, 2024
No seller may do any of the following in a face-to-face
					 transaction:
(1) Threaten, intimidate
				  or harass a consumer.
(2) Fail to
				  leave a consumer's premises upon request.
(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.
(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.:
(a) Provide a notice under s.
				  423.203,
				  Stats., of the consumer's right to cancel.
(b) Honor the consumer's right to cancel
				  under s.
				  423.202,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.76 - Record keeping

Current through June 24, 2024
(1) RECORDS REQUIRED. A seller engaged in
				  face-to-face transactions shall keep all of the following records related to
				  those transactions:
(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.
(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:
1. An identification of the
				  prize.
2. The name and last known
				  address of every consumer who received the prize.
(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.
(d) The following information related to
				  every individual who has made face-to-face solicitations as the seller's
				  employee or agent:
1. The individual's name,
				  last known address, and telephone number.
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.
3. The individual's job title or
				  titles.
(e) All written
				  authorizations required under s.
				  ATCP
				  127.68.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 127 - Direct Marketing › Subchapter IV - Face-to-Face Solicitations › Section ATCP 127.78 - Assisting violations

Current through June 24, 2024
No person may knowingly assist any seller to engage in any
					 activity or practice in violation of this subchapter.
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 127.81 - Telephone solicitors; registration

Current through June 24, 2024
(1) REGISTRATION
				  REQUIRED.
(a) No person may employ or
				  contract with any individual to make telephone solicitations to covered
				  telephone customers unless one of the following applies:
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.
2. The telephone
				  solicitations are covered by a registration under par. (b).
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 127.82 - Do-not-call registry

Current through June 24, 2024
(1) OBTAINING THE REGISTRY. Registered
				  telephone solicitors must obtain and use a current state do-not-call registry
				  from the national do-not-call registry website at least once every 31 days.
Note
The state do-not-call registry can be
					 obtained at this website http://telemarketing.donotcall.gov/. Registration with
					 the FTC and a valid Subscriber Access Number are required.
(2) SOLICITATIONS PROHIBITED. No person may
				  make a telephone solicitation, either directly or through an employee or agent,
				  to a covered telephone customer whose telephone number appears on the current
				  state do-not-call registry. A telephone solicitation made in violation of this
				  subsection does not, by itself, result in a monetary loss for which a current
				  telephone customer may seek recovery under s.
				  100.20(5),
				  Stats., unless that customer sustains an actual monetary loss as a result of
				  another violation of this chapter.
(3) STATE DO-NOT-CALL REGISTRY NOT OPEN TO
				  PUBLIC INSPECTION. The department may not release a state do-not-call registry,
				  except that the department may release a state do-not-call registry as
				  necessary to enforce this subchapter, or to comply with a subpoena or judicial
				  process, subject to any protective orders that may be necessary to ensure the
				  confidentiality of the list.
See s.
						100.52(2)
						(c),
						Stats.
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 127.83 - Telephone solicitation practices

Current through June 24, 2024
(1) Persons making
				  telephone solicitations shall comply with applicable requirements in subchapter
				  II.
(2) No person may do any of the
				  following:
(a) Make a telephone solicitation
				  in violation of s.
				  ATCP
				  127.81 or 127.82.
(b) Use an electronically prerecorded message
				  in a telephone call for the purpose of encouraging a covered or noncovered
				  telephone customer to purchase property, goods or services, without first
				  obtaining a written agreement that contains the telephone number and signature
				  of the customer to be called. The agreement shall disclose in writing that the
				  customer is not required to sign the agreement as a condition of making a
				  purchase and, by signing the agreement, the customer authorizes telemarketing
				  calls from that person. This paragraph does not apply if that person meets the
				  provisions of s.
				  ATCP 127.80(10) (a) or
				  (b).
Note
A written agreement and disclosures may
					 be in an electronic form as provided in s.
					 137.15,
					 Stats.
(c) Make a telephone
				  solicitation to a noncovered telephone customer if the noncovered telephone
				  customer has notified the person by mail including electronic mail that the
				  noncovered telephone customer does not wish to receive telephone
				  solicitations.
(d) Require,
				  instruct or authorize any person to violate this subchapter, or knowingly
				  facilitate any person's violation of this subchapter.
(e) Use caller-ID blocking when making a
				  telephone solicitation.
(f) Falsify
				  any information required under this subchapter.
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 127.84 - Record keeping

Current through June 24, 2024
(1) RECORDS REQUIRED. Persons who employ or
				  contract with individuals to make telephone solicitations shall keep all of the
				  following records:
(a) The telephone numbers
				  and SMS accesses to make telephone solicitations.
(b) Each written agreement provided pursuant
				  to s.
				  ATCP 127.80(10)
				  (c) and s.
				  ATCP 127.83(2)
				  (b).
(c) The records required pursuant to s.
				  ATCP
				  127.18(1).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 128 - Academic material unfair trade practices › Section ATCP 128.01 - Definitions

Current through June 24, 2024
(1) "Academic material" means any document,
				writing, typed paper, recording, tape, program, photocopy, microfilm, printed
				matter, or other item capable of being read or heard, and of being submitted as
				original work product for academic credit or in fulfillment of academic
				requirements, notwithstanding the need to re-type, or re-transcribe them or the
				need for modifications which do not substantially affect the authorship of the
				original writer.
(2) "Person" means
				any individual, partnership, corporation, association, business organization or
				entity.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 128 - Academic material unfair trade practices › Section ATCP 128.02 - Prohibited practices

Current through June 24, 2024
No person shall engage in the following unfair methods of
				  competition or unfair trade practices:
(1) Offer to prepare, cause to be prepared,
				prepare, furnish, offer to sell, advertise or cause to be advertised for sale,
				or sell any academic material, as defined herein, with the knowledge or under
				circumstances in which the person should have reason to know, that the academic
				material is intended to be submitted by the purchaser or another as an original
				work product for academic credit from, or in fulfillment of the academic
				requirements of, any public or private college, university, or other
				institution of learning in this state.
(2) Represent, in connection with the sale,
				or offering or advertising for sale of academic materials that:
(a) The original purchaser's name will remain
				anonymous or not be disclosed by the seller, or
(b) The material will not be sold or
				otherwise distributed in the purchaser's academic community in a way which
				would show or be likely to show that the purchaser of the materials was not the
				author thereof.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 128 - Academic material unfair trade practices › Section ATCP 128.03 - Exemptions

Current through June 24, 2024
Nothing contained in this chapter shall prevent any person
				  from providing tutorial assistance, research material, information or other
				  assistance to persons enrolled in any public or private college, university, or
				  other institution of learning in this state, which are not academic materials
				  or to be used as academic materials as defined herein. Nor shall any person be
				  prevented by this chapter from rendering services for a fee which include the
				  typing, assembling, transcription, reproduction or editing of a manuscript or
				  other assignment not prepared as academic materials by such person at the
				  request of or on behalf of the purchaser.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 131 - Coupon sales promotions › Section ATCP 131.01 - Definitions

Current through June 24, 2024
(1) "Coupon" means any writing, form, ticket,
				certificate, token or similar device designed or intended to be sold or offered
				for sale which is represented as entitling the purchaser or holder to purchase
				or procure goods or services at a reduced price or free of charge upon
				presentation thereof to the seller or supplier of such goods or services. The
				term "coupon" includes "coupon book." It does not include:
(a) Coupons sold or offered for sale directly
				by the coupon sponsor where all proceeds from the sale are returned to the
				sponsor;
(b) Coupons redeemable
				only for motor vehicle parking or urban mass transit privileges;
(c) Coupons published by or distributed
				through newspapers or other periodicals, in advertisements other than their
				own;
(d) Coupons within, attached
				to, or a part of any package or container as packed by the original
				manufacturer and which are directly redeemed by such manufacturer;
(e) Trading stamps or coupons regulated by s.
				100.15,
				Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 131 - Coupon sales promotions › Section ATCP 131.02 - Agreement between promoter and sponsor

Current through June 24, 2024
(1) No promoter
				shall sell, offer for sale or otherwise publish or distribute any coupon
				without a prior contract or agreement in writing with the coupon sponsor. A
				copy of such contract shall be furnished to the sponsor at the time of its
				execution, and shall set forth all terms and conditions under which coupons
				obligating the sponsor may be published, distributed or sold and include the
				following:
(a) A specific description,
				exactly as it is to appear on the coupon, of:
1. The goods, services, or discount
				privileges which the sponsor will provide in exchange for each coupon presented
				for redemption.
2. The hours during
				each day and the days during each week when the coupon will be accepted for
				redemption by the sponsor.
3. The
				expiration date of the coupon.
4.
				All purchases required of a coupon holder as a condition of redemption and any
				other restrictions or limitations imposed on the redemption of the coupons by
				the sponsor.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 131 - Coupon sales promotions › Section ATCP 131.03 - Coupon contents

Current through June 24, 2024
(1) Every coupon, whether sold or distributed
				individually or as part of a coupon book, shall clearly and conspicuously set
				forth, on its face, the name and business address of the coupon sponsor, and a
				specific description, as provided in the agreement between the promoter and the
				sponsor, of:
(a) The goods, services, or
				discount privileges which the sponsor will provide in exchange for the
				coupon.
(b) The hours during each
				day and the days during each week when the coupon will be accepted for
				redemption by the sponsor.
(c) The
				expiration date of the coupon.
(d)
				All purchases required of the coupon holder as a condition of redemption and
				any other restrictions and limitations imposed on the redemption of the coupons
				by the sponsor.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 131 - Coupon sales promotions › Section ATCP 131.04 - Sale of coupons

Current through June 24, 2024
(1) The total number of coupons sold, offered
				for sale or otherwise distributed shall not exceed the total number specified
				in the contract between the promoter and sponsor.
(2) No coupon may be published, sold,
				distributed or represented contrary to the terms of the agreement between the
				promoter and the sponsor, or obligate the sponsor to provide goods, services or
				discount privileges other than those specified in the agreement.
(3) No individual coupon shall be redeemable
				at more than one place of business, unless all places of business at which it
				is redeemable are owned or operated by the same sponsor.
(4) No coupon may be sold, offered for sale
				or otherwise distributed prior to the promotion beginning date or after the
				promotion ending date specified in the contract between the promoter and
				sponsor.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 131 - Coupon sales promotions › Section ATCP 131.05 - Accounting to sponsor

Current through June 24, 2024
Within 10 days after the promotion ending date or 10 days
				  after all coupons have been sold or otherwise distributed, whichever occurs
				  first, the promoter shall inform the sponsor in writing of the total number of
				  coupons sold or distributed, and remit all funds owed to the sponsor from
				  coupon sales under the terms of their agreement.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 131 - Coupon sales promotions › Section ATCP 131.06 - Agreements for use of name

Current through June 24, 2024
All agreements between the promoter and persons authorizing
				  the promoter to use their name, tradename or trade- mark in aid of the sale or
				  promotion of the sale of coupons shall be in writing, with a copy being
				  furnished to each such person. Such agreements shall conspicuously disclose
				  that persons agreeing to the use of their name, tradename or trademark by the
				  promoter may be held jointly accountable with the promoter for any violation of
				  this chapter or other applicable laws.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 131 - Coupon sales promotions › Section ATCP 131.07 - Prohibited practices

Current through June 24, 2024
(1) No promoter shall misrepresent, directly
				or by implication:
(a) That any person is
				sponsoring, endorsing, or participating in the sale of any coupon;
(b) That the promoter is an employee or agent
				of any person sponsoring, endorsing, or participating in the sale of any coupon
				or coupon book;
(c) That the coupon
				is not sold for profit or that the price charged for a coupon is solely or
				primarily to cover actual costs incurred by the promoter in the printing,
				distribution or sale of the coupon;
(d) The name, address, or identity of the
				promoter or of the person or organization whom the promoter
				represents.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Accessory" means an item, such as a
				radio, audio system component or cellular communications device, that is
				designed to be attached to a motor vehicle and that is attached by cutting,
				drilling, fastening with screws or bolts, establishing electrical connections,
				or intruding into any existing component, part or system in a motor
				vehicle.
(2) "Customer" means a
				natural person, corporation or business entity that owns, operates or controls
				a motor vehicle that is the subject of a repair transaction. "Customer"
				includes a person who is authorized to act on the customer's behalf, or who
				acts on the customer's behalf with the customer's apparent authorization.
				"Customer" does not include a shop subcontracting a repair to another
				shop.
(3) "Department" means the
				State of Wisconsin department of agriculture, trade and consumer
				protection.
(4) "Estimate" means
				either of the following, but does not include a firm price quotation under s.
				ATCP
				132.04(3):
(a) An oral or written repair price estimate
				that a shop representative gives to a customer, including any estimate required
				under s.
				ATCP
				132.04(4),
				132.06(1) (a) or
				(2).
(b) The price specified by the customer under
				estimate alternative number 2, as shown in s.
				ATCP
				132.04(2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.02 - Repair authorization

Current through June 24, 2024
No shop may perform any repair that has not been authorized
				  by the customer. Before a shop starts any repairs whose total price may exceed
				  $50, a shop representative shall record the repair authorization on a written
				  repair order under s.
				  ATCP
				  132.03.
Customer authorization is required for all repairs,
					 including repairs under $50 and repairs on vehicles brought to the shop without
					 face-to-face contact between the customer and a shop representative.
					 Authorization may be given in person or by telephone, or by any other form of
					 communication between the customer and the shop. Authorization to perform a
					 general repair implies authorization to perform the specific repairs that are
					 normally included in that general repair. Merely reporting a problem or
					 malfunction does not, by itself, constitute authorization to repair the problem
					 or malfunction.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.03 - Written repair order

Current through June 24, 2024
(1) REQUIREMENT. Before a shop starts any
				repairs whose total price may exceed $50.00, a shop representative shall
				prepare a written repair order that clearly and legibly describes the repairs
				authorized by the customer. The repair order shall be dated and signed by the
				shop representative, and shall include all of the information required under
				sub. (3).
(2) CUSTOMER COPY. Before
				a shop starts any repairs whose total price may exceed $50, a shop
				representative shall provide the customer with a complete and accurate copy of
				the repair order under sub. (1) for those repairs, except that a customer copy
				is not required if there was no face-to-face contact between the customer and a
				shop representative when the repairs were authorized.
(3) REPAIR ORDER CONTENTS. A repair order
				under sub. (1) shall include all of the following:
(a) The name and address of the
				shop.
(b) The name and address of
				the customer.
(c) The model, make
				and license number of the motor vehicle if the motor vehicle is in the shop's
				possession.
(d) The repair price
				information required under s.
				ATCP
				132.04, if any.
(e) The estimated date by which the repair
				will be completed, if an estimated completion date is required under s.
				ATCP
				132.05.
(f) Notice that customer is entitled to
				inspect or receive any components, parts or accessories replaced or removed by
				the shop.
(g) A description of the
				repairs authorized by the customer.
(h) The date the repair order is
				written.
(i) The signature of a
				shop representative.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.04 - Repair price information

Current through June 24, 2024
(1) ESTIMATE
				ALTERNATIVES OR FIRM PRICE QUOTATION; SHOP'S CHOICE. Before a shop starts any
				repairs whose total price may exceed $50, a shop representative shall provide
				the customer with a written statement of estimate alternatives under sub. (2)
				or a firm price quotation under sub. (3). This requirement does not apply if
				there has been no face-to-face contact between the customer and a shop
				representative.
(2) STATEMENT OF
				ESTIMATE ALTERNATIVES.
(a) A statement of
				estimate alternatives, if provided, shall be conspicuously printed in the
				following form, either on the repair order or on a separate document attached
				to the repair order:
"YOU ARE ENTITLED TO A PRICE ESTIMATE FOR THE REPAIRS YOU
				  HAVE AUTHORIZED. THE REPAIR PRICE MAY BE LESS THAN THE ESTIMATE, BUT WILL NOT
				  EXCEED THE ESTIMATE WITHOUT YOUR PERMISSION. YOUR SIGNATURE WILL INDICATE YOUR
				  ESTIMATE SELECTION.
1. I request an
				estimate in writing before you begin repairs.
				_________________________________________________
2. Please proceed with repairs, but call me
				before continuing if the price will exceed $ _____.
				__________________________________________________
3. I do not want an estimate.
				_________________________________________________"