Wis. Adm. Code ATCP 127.16
ATCP 127.16 Prohibited practices
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.
(5)
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.
(6)
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.
s. 423.203, Stats., of the consumer's right to cancel.
(b)
Honor the consumer's
right to cancel under s. 423.202, Stats.
Note: Under s. 423.202,
Stats., a consumer may cancel a consumer approval transaction until midnight
of the 3rd business day after the seller gives the consumer a required written
notice of cancellation rights under s. 423.203, Stats. The consumer's cancellation
rights under s. 423.202, Stats., are in addition to any other cancellation rights
which the consumer may have under contract law.
