Wis. Adm. Code ATCP 127.14
ATCP 127.14 Misrepresentations
No seller
may do any of the following, directly or by implication, in a telephone transaction:
(1)
Misrepresent a seller's
identity, affiliation, location or characteristics.
(2)
Misrepresent the nature,
purpose or intended length of a solicitation.
(3)
Misrepresent the nature
or terms of a telephone 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 127.04.
(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.
(13)
Misrepresent any
material aspect of a personal investment opportunity offered to the consumer,
including any aspect such as risk, liquidity, earnings potential or profitability.
(14)
Fail to disclose,
in connection with every purported offer of free goods or services in a telephone
transaction, any costs which the consumer must incur and any conditions which
the consumer must meet in order to receive those free goods or services. This
does not prohibit a combination offer that is covered by, and complies with,
s. 100.18 (2), Stats.
s. 100.18 (2), Stats.
(15)
Make any false, deceptive
or misleading representation to a consumer.
