Wis. Adm. Code ATCP 127.80
ATCP 127.80 Definitions
In this subchapter:
(1)
"Basic local
exchange service" has the meaning given in s. 196.01 (1g), Stats.
(2)
"Client"
means a person who has a current agreement to receive, from the telephone caller
or the person on whose behalf the call is made, property, goods or services
of the type promoted by the telephone call.
Note: For example, if
a local telephone service provider encourages a current customer to purchase
other local telephone services, the customer is a current "client"
under this definition. But a local telephone service customer is not a current
"client" when the local telephone service provider encourages that
customer to purchase long distance telephone services.
(3)
"Nonresidential
telephone customer" means a person, other than a residential customer,
who receives telecommunications service from a telecommunications utility.
(4)
"No--call list"
means a list compiled and distributed according to s. ATCP 127.82.
(5)
"Residential
telephone customer" means an individual in this state who receives basic
local exchange service from a telecommunications utility.
(6)
"Telephone call"
means a voice communication over any part of the electromagnetic spectrum to
customer premises equipment.
Note: If a telecommunications
provider initiates a voice communication with a customer during a telephone
conversation between the customer and a third party, the telecommunications
provider has initiated a "telephone call" as that term is used in
this subchapter.
(7)
"Telephone line"
means a circuit or channel, including a voice grade equivalent channel, that
is derived from a line, cable or digital facility, and that may be used to make
a telephone call.
(8)
"Telecommunications
service" has the meaning given in s. 196.01 (9m), Stats.
(9)
"Telecommunications
utility" has the meaning given in s. 196.01 (10), Stats., and includes
an "alternative telecommunication utility" as defined in s. 196.01
(1d), Stats.
(10)
"Telephone solicitation"
means an unsolicited telephone call for the purpose of encouraging the call
recipient to buy property, goods or services, or that is part of a plan or scheme
to encourage the call recipient to buy property, goods or services. "Telephone
solicitation" does not include any of the following:
(a)
A telephone call encouraging
the call recipient to buy property, goods or services from a nonprofit organization
if all the following apply:
1.
The nonprofit organization
complies with subch. III of ch. 440, Stats., if applicable.
2.
Sale proceeds, if any,
are exempt from Wisconsin sales tax and federal income tax.
Note: The definition of
"telephone solicitation" applies to phone calls promoting sales, not
charity donations. But it may cover charity solicitations that are really part
of a plan or scheme to sell property, goods or services. Subchapter III of ch.
440, Stats., regulates charitable solicitations.
Telephone calls promoting
sales by nonprofit organizations are exempt if the sale proceeds are exempt
from Wisconsin sales tax and federal income tax. Section 77.54(7m), Stats.,
defines the scope of the Wisconsin sales tax exemption for sales by nonprofit
organizations. Federal income tax laws require an otherwise exempt nonprofit
organization to pay income tax on "unrelated business taxable income"
as defined in 26 CFR 1.512(a)-1.
(b)
A telephone call made
by an individual acting on his or her own behalf, and not as an employee or
agent for any other person. This exemption does not apply to a caller who does
any of the following:
1.
Sells or promotes the
sale of property, goods or services for another person.
Note: For example, self-employed
insurance agents are not exempt from this subchapter when they or their employees
make telephone calls to promote the sale of insurance policies offered by insurance
companies. But an insurance company may register under s. ATCP 127.81(1)(b)
on behalf of self-employed insurance agents and their employees who telemarket
the company's insurance.
2.
Sells or promotes the
sale of goods that the caller buys from another person who controls or limits
the caller's sales methods.
(c)
A telephone call made
in response to the call recipient's affirmative request for that call.
Note: A failure to respond
to a negative option ("we will call unless you say no") is not an
"affirmative request" under par. (c).
(d)
A telephone call made
to a current client.
Note: See definition of
"client" under sub. (2).
(e)
A telephone call made
to a number listed in the current local business telephone directory.
(f)
One telephone call
to determine whether a former client mistakenly allowed a contractual relationship
to lapse.
(g)
A telephone call made
to determine a former client's level of satisfaction, unless the call is part
of a plan or scheme to encourage the former client to purchase property, goods
or services.
(i)
A telephone call,
made to a party to an existing contract, that is necessary to complete that
contract.
