Wisconsin Telemarketing
WI Stat § 100.52, § 100.525
Wisconsin Statutes & Annotations
Chapter 100 - Marketing; trade practices.
100.52 - Telephone solicitations.
100.52 Telephone solicitations.
100.525 Telephone records; obtaining, selling, or receiving without consent.
100.52 Telephone solicitations.
(1) Definitions.
(b) “Basic local exchange service" has the meaning in s. 196.01 (1g).
(bm) “Commercial mobile service" has the meaning given in s. 196.01 (2i).
(c) “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.
(d) “Nonresidential customer" means a person, other than a residential customer, who is furnished with telecommunications service by a telecommunications utility.
(f) “Residential customer" means an individual who is furnished with basic local exchange service or commercial mobile service by a telecommunications utility, but does not include an individual who operates a business at his or her residence.
(fm) “State do-not-call registry" means the portion of the national do-not-call registry that consists of telephone numbers with Wisconsin area codes.
(g) “Telecommunications service" has the meaning given in s. 196.01 (9m).
(h) “Telecommunications utility" has the meaning given in s. 196.01 (10).
(i) “Telephone solicitation" means the unsolicited initiation of a telephone conversation or text message for the purpose of encouraging the recipient of the telephone call or text message to purchase property, goods or services.
(j) “Telephone solicitor" means a person, other than a nonprofit organization or an employee or contractor of a nonprofit organization, that employs or contracts with an individual to make a telephone solicitation.
(1m) National do-not-call registry. The department may cooperate with the federal trade commission to add telephone numbers included in the nonsolicitation directory, as defined in s. 100.52 (1) (e), 2011 stats., to the national do-not-call registry.
(3) Registration of telephone solicitors. The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay an initial registration fee and an annual registration renewal fee to the department. The amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations or some other methodology established by the department by rule. The rules shall also require a telephone solicitor that registers with the department to, at the time of initial registration, the time of annual renewal, and any other time upon request of the department, provide the department with proof that the telephone solicitor has complied with federal law in obtaining copies and updated versions of the state do-not-call registry. The amount of the fees shall be based on the amount required to administer and enforce this section and to provide the amounts appropriated under s. 20.115 (1) (im).
(4) Telephone solicitor requirements.
(a) A telephone solicitor or an employee or contractor of a telephone solicitor may not do any of the following:
1. Use an electronically prerecorded message in telephone solicitation without the consent of the recipient of the telephone call.
2. Make a telephone solicitation to a telephone number that, at the time the solicitation is made, is listed on the state do-not-call registry.
3. Make a telephone solicitation to a nonresidential customer if the nonresidential customer has provided notice by mail to the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.
(b) A telephone solicitor may not do any of the following:
1. Require an employee or contractor to make a telephone solicitation to a person in this state unless the telephone solicitor is registered with the department under the rules promulgated under sub. (3).
2. Require an employee or contractor to make a telephone solicitation that violates par. (a).
3. Use or possess a copy or updated version of the state do-not-call registry that the telephone solicitor has obtained in violation of federal law.
(c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential customer shall, upon the request of the nonresidential customer, provide the mailing address for notifying the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.
(d) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify at the beginning of the telephone conversation each of the following:
1. The telephone solicitor.
2. If different than the telephone solicitor, the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation.
(6) Exceptions. Subsections (4) (a) 2. and 3. do not apply to a telephone solicitation that satisfies any of the following:
(a) The telephone solicitation is made to a recipient in response to the recipient's request for the telephone solicitation.
(b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.
(7) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.
(8) Rules. The department may promulgate rules to administer and enforce this section.
(9) Department duties.
(a) The department shall publicize the procedures for a residential customer to add a telephone number to the national do-not-call registry.
(b) The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.
(10) Penalties.
(a) Except as provided in par. (b), a person who violates this section may be required to forfeit $100 for each violation.
(b) A telephone solicitor that violates sub. (4) may be required to forfeit not more than $100 for each violation.
History: 2001 a. 16 ss. 2435 to 2446f, 2819b, 2821b; 2007 a. 226; 2011 a. 197; 2013 a. 234.
Cross-reference: See also ch. ATCP 127, Wis. adm. code.
100.525 Telephone records; obtaining, selling, or receiving without consent.
(1) In this section:
(a) “Caller identification record" means a record that is delivered electronically to the recipient of a telephone call simultaneously with the reception of the telephone call and that indicates the telephone number from which the telephone call was initiated or similar information regarding the telephone call.
(am) “Customer" means a person who purchases telephone service.
(b) “Telephone record" means a record in written, electronic, or oral form, except a caller identification record, that is created by a telephone service provider and that contains any of the following information with respect to a customer:
1. Telephone numbers that have been dialed by the customer.
2. Telephone numbers pertaining to calls made to the customer.
3. The time when calls were made by the customer or to the customer.
4. The duration of calls made by the customer or to the customer.
(c) “Telephone service" means the conveyance of 2-way voice communication in analog, digital, or other form by any medium, including wire, cable, fiber optics, cellular, broadband personal communications services, or other wireless technologies, satellite, microwave, or at any frequency over any part of the electromagnetic spectrum. “Telephone service" includes the conveyance of voice communication over the Internet and telephone relay service.
(d) “Telephone service provider" means a person who provides telephone service to a customer.
(2) No person may do any of the following:
(a) Obtain, or attempt to obtain, a telephone record that pertains to a customer who is a resident of this state, without the customer's consent, by doing any of the following:
1. Making a false statement to an agent of a telephone service provider.
2. Making a false statement to a customer of a telephone service provider.
3. Knowingly providing to a telephone service provider a document that is fraudulent, that has been lost or stolen, or that has been obtained by fraud.
(b) Ask another person to obtain a telephone record knowing that the person will obtain the telephone record in a manner prohibited under this section.
(c) Sell or offer to sell a telephone record obtained in a manner prohibited under this section.
(3)
(a) A person who violates this section is guilty of a Class I felony if the violation involves one telephone record.
(b) A person who violates this section is guilty of a Class G felony if the violation involves 2 or more telephone records.
(c) A person who violates this section is guilty of a Class E felony if the violation involves more than 10 telephone records.
(4)
(a) In addition to the penalties authorized under sub. (3), a person who violates this section may be required to forfeit personal property used or intended to be used in the violation.
(b) In an action to enforce this section, the court shall award to a person who is the subject of a telephone record involved in a violation of this section all of the following:
1. The amount of the person's pecuniary loss suffered because of a violation of this section, if proof of the loss is submitted to the satisfaction of the court, or $1,000, whichever is greater.
2. The amount of any gain to the violator as a result of the violation.
(5) This section does not apply to any of the following:
(a) Action by a law enforcement agency in connection with the official duties of the law enforcement agency.
(b) A disclosure by a telephone service provider, if any of the following applies:
1. The telephone service provider reasonably believes the disclosure is necessary to do any of the following:
a. Provide telephone service to a customer.
b. Protect an individual from fraudulent, abusive, or unlawful use of telephone service or a telephone record.
2. The disclosure is made to the National Center for Missing and Exploited Children.
3. The disclosure is authorized by state or federal law or regulation.
(6) A violation of this section may also constitute an unfair method of competition or unfair trade practice under s. 100.20 or a fraudulent representation under s. 100.18.
History: 2005 a. 261; 2007 a. 97.
For more information, see here: https://docs.legis.wisconsin.gov/statutes/statutes/100
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