Wis. Adm. Code ATCP 127.06
ATCP 127.06 Disclosures prior to sale
(1)
DISCLOSURES
REQUIRED. In a telephone transaction, a seller shall disclose all of the following
to a consumer 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 of the principal
seller.
Note: For example, a telemarketing
firm making solicitations on behalf of another company must disclose the name
of the company for which it is acting as agent.
(e)
At least one of the
following:
1.
The principal seller's
mailing address.
2.
A local or toll-free
telephone number, answered during normal business hours, at which the consumer
may contact the principal seller and obtain the principal seller's address.
(f)
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.
(2)
FORM OF DISCLOSURE.
A seller shall make the disclosures under sub. (1) in writing, except that a
seller may make the disclosures orally if at least one of the following applies:
(a)
The seller confirms
the disclosures in writing at or before the time the seller first delivers the
consumer goods or services to the consumer, and before the seller submits any
credit card sales draft for payment or takes any other payment from the consumer.
(b)
The seller does both
of the following in writing at or before the time the seller first delivers
consumer goods or services to the customer:
1.
Confirms the oral disclosures.
2.
Discloses, in substance,
that the consumer may cancel the sale after the first delivery and obtain a
full refund. The seller may specify a cancellation deadline, provided that the
deadline is at least 7 days after the first delivery.
(3)
LANGUAGE OTHER THAN
ENGLISH.
(a)
If the primary language used in a telephone solicitation is not
English, the seller shall make the disclosures under sub. (1) in the language
primarily used.
(b)
If the primary language
used in a telephone transaction is not English, every written agreement signed
by the consumer shall be in English and the language primarily used.
