Wis. Adm. Code ATCP 127.81
ATCP 127.81 Telephone solicitors; registration
(1)
REGISTRATION REQUIRED.
(a)
No person may employ or contract with any individual to make telephone
solicitations to residential telephone customers unless one of the following
applies:
1.
That person is currently
registered with the department under this section. This registration covers
telephone solicitations made by individuals acting as employees or agents of
the registrant.
2.
The telephone solicitations
are covered by a registration under par. (b).
(b)
A person who sells
property, goods or services may register under this section on behalf of a person
who employs or contracts with individuals to make telephone solicitations promoting
the purchase of property, goods or services from the registrant. This registration
covers telephone solicitations that those individuals make for that purpose.
It does not cover telephone solicitations promoting the purchase of property,
goods or services from persons other than the registrant.
Note: For example, an
insurance company may register under par. (b) on behalf of a self-employed insurance
agent whose employees telemarket that company's insurance. But that registration
does not cover the agent's employees when they tele-market another company's
insurance.
(c)
No individual may
make a telephone solicitation to a residential telephone customer unless the
telephone solicitation is covered by a registration under this section.
(2)
ANNUAL REGISTRATION.
To register under this section, a person shall complete an annual registration
form provided by the department. The registrant shall file, with the registration
form, all quarterly fee installments required under sub. (3m). The registration
form shall include all the following:
(a)
The registrant's correct
legal name, and all trade names under which the registrant does business.
(b)
The registrant's principal
business address and telephone number. The business address shall include street
address, zip code, state or province, and nation.
(c)
The registrant's federal
tax identification (FEIN) number.
(d)
The name and address
of the registrant's registered agent in this state, if any.
(e)
The name and address
of a person who will accept service of process on behalf of the registrant,
if other than a registered agent under par. (d).
(f)
The name, address
and telephone number of a person who may respond, on behalf of the registrant,
to department notices and inquiries.
(g)
The number of telephone
lines that will be used to make telephone solicitations under the registration.
(h)
The telephone number
assigned to each telephone line counted under par. (g).
(i)
The number of individuals
who will make telephone solicitations under the registration. The registrant
shall provide the names of the individuals if the department requests those
names. A person who registers under sub. (1) (b) on behalf of another person
shall identify that other person.
(j)
A statement indicating
the form in which the registrant wishes to receive no-call lists. A registrant
may receive no-call lists in one or more of the following forms:
1.
By e-mail transmission
to one or more e-mail addresses provided by the registrant. Each e-mail address
shall be that of the registrant, or a person covered by the registration.
2.
As a compact disc,
mailed to one or more addresses provided by the registrant. Each address shall
be that of the registrant, or a person covered by the registration. The registrant
shall specify the number of compact discs to be included in each mailing.
3.
In hard-copy printed
form, mailed to one or more addresses provided by the registrant. Each address
shall be that of the registrant, or a person covered by the registration. The
registrant shall specify the number of hard-copy lists to be included in each
mailing.
(3)
FEES. A person registering
under sub. (2) shall pay the following annual fees, or an annual fee of $ 20,000,
whichever is less:
(a)
A basic annual registration
fee of $ 700 for the first year of registration, and $ 500 for each subsequent
year.
(b)
A supplementary annual
fee of $ 75 for each telephone line identified under sub. (2) (g). This fee
does not apply if the registrant identifies fewer than 4 telephone lines under
sub. (2) (g).
(c)
A supplementary annual
fee of $ 25 for each e-mail address identified under sub. (2) (j) 1. This fee
does not apply if the registrant identifies only one e-mail address under sub.
(2) (j) 1.
(2) (j) 1.
(d)
A supplementary annual
fee of $ 25 for each address identified under sub. (2) (j) 2. If the registrant
asks the department to send more than one annual set of compact discs to any
address, the registrant shall pay an additional fee of $ 25 for each additional
set of discs sent to that address.
(e)
A supplementary annual
fee of $ 1,000 for each address identified under sub. (2) (j) 3. If the registrant
asks the department to send more than one annual set of hard-copy lists to any
address, the registrant shall pay an additional fee of $ 1,000 for each additional
set of hard-copy lists sent to that address.
Note: An "annual
set" under pars. (d) and (e) consists of the 4 quarterly list updates under
s. ATCP 127.82 (5).
(3m) QUARTERLY INSTALLMENTS.
A registrant shall pay the annual fees under sub. (3) in quarterly installments,
as follows:
(a) The first quarterly
installment is due by the first day of the registration year, or on the date
of initial registration, whichever is later.
(b) The second quarterly
installment is due on March 1 of the registration year, or on the date of initial
registration, whichever is later.
(c) The third quarterly
installment is due on June 1 of the registration year, or on the date of initial
registration, whichever is later.
(d) The fourth quarterly
installment is due on September 1 of the registration year, or on the date of
initial registration, whichever is later.
(4)
REGISTRATION EXPIRES.
A registration under this section expires on November 30 of each year.
(5)
REDUCTION OR WAIVER
OF QUARTERLY INSTALLMENTS. The department may reduce or waive one or more quarterly
installments under sub. (3m) if the department's projected fiscal-year-end cash
balance in the appropriation under s. 20.115 (8) (jm), Stats., exceeds the department's
projected fiscal year expenditures from that appropriation during that fiscal
year by at least 15%. A reduction or waiver, if any, shall apply to all registrants.
A reduction, if any, shall be a uniform percentage reduction in the quarterly
installment that a registrant would otherwise pay. A reduction or waiver of
a quarterly installment reduces, by the amount of that reduction or waiver,
the annual fee required under sub. (3).
(6)
UPDATED INFORMATION.
A registrant shall do all the following whenever there is a material change
in the information provided under sub. (2) during a registration year:
(a)
Notify the department
of the change.
(b)
Pay any additional
fees owed for that registration year as a result of the change.
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