Wis. Adm. Code ATCP 127.10
ATCP 127.10 Unauthorized payment
No seller
in a telephone 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 following authorizations are considered
verifiable:
(1)
An express written
authorization. Express written authorization may include the consumer's signature
on the check, draft or negotiable instrument.
(2)
An express oral authorization
if all of the following apply:
(a)
The oral authorization
is tape recorded and made available upon request to the consumer's bank.
(b)
The oral authorization
clearly authorizes payment for the goods and services offered to the consumer.
(c)
The oral authorization
clearly indicates that the consumer received information specifying all of the
following:
1.
The date and amount
of the check, draft or instrument.
3.
The number of payments,
if more than one.
4.
A telephone number
for consumer inquiries that is answered during normal business hours.
5.
The date of the consumer's
oral authorization.
(3)
An authorization which
the seller confirms in writing, provided that all of the following apply:
(a)
The seller sends the
written confirmation to the consumer before the seller submits the check, draft
or other negotiable instrument for payment.
(b)
The written confirmation
includes all of the following information:
1.
The date and amount
of the check, draft or instrument.
3.
The number of payments,
if more than one.
4.
A telephone number
for consumer inquiries that is answered during normal business hours.
5.
The date of the consumer's
authorization.
6.
A procedure by which
the consumer can obtain a refund from the seller if the written confirmation
is inaccurate.
