Wis. Adm. Code ATCP 127.18
ATCP 127.18 Recordkeeping
(1)
RECORDS
REQUIRED. A seller engaged in telephone transactions shall keep all of the following
records related to those transactions:
(a)
Copies of all telephone
solicitation scripts, and all sales and promotional materials used in telephone
transactions. This paragraph does not require a seller to keep duplicate copies
of substantially identical documents.
(b)
The following records
related to each prize which the seller offers or awards to consumers if the
seller represents to any consumer, directly or by implication, that the prize
has a value of $ 25 or more:
1.
An identification of
the prize.
2.
The name and last known
address of every consumer who received the prize.
(c)
The name and last
known address of every consumer who purchased goods or services in a telephone
transaction with the seller, the date on which the consumer purchased those
goods or services, the date on which the seller provided those goods or services
to the consumer, and the amount which the consumer paid for those goods or services.
(d)
The following information
related to every individual who has made telephone solicitations as the seller's
employee or agent:
1.
The individual's name,
last known address and telephone number.
2.
Every fictitious name
which the individual has used when making telephone solicitations. No seller
may permit more than one employee or contract agent to use the same fictitious
name.
3.
The individual's job
title or titles.
(e)
All verifiable authorizations
required under s. ATCP 127.10.
(2)
KEEPING RECORDS. (a)
A seller shall keep each record required under sub. (1) for at least 2 years
after the seller creates that record.
Note: A seller may keep
records required under sub. (1) in the form, manner, format and place in which
the seller would normally keep those records in the ordinary course of business.
(b) The department, pursuant
to an investigation of possible violations of this subchapter, may ask a seller
to provide copies of records under sub. (1) that are reasonably relevant to
that investigation. The seller shall provide the requested copies within a reasonable
time specified by the department.
Note: See ss. 93.15 and
93.16, Stats.
(c) An agent engaged in
telephone transactions on behalf of a principal seller need not keep duplicate
copies of records which that principal seller keeps according to this section.
A principal seller who contracts to have an agent keep records for the principal
seller need not keep duplicate copies of records which that agent keeps according
to that contract and this section. An employee need not keep duplicate copies
of records that his or her employer keeps according to this section.
