Wis. Adm. Code ATCP 127.82
ATCP 127.82 No-call list
(1)
COMPILING
THE LIST. The department shall compile a no-call list containing the telephone
numbers and ZIP codes of residential telephone customers who indicate, according
to sub. (3), that they do not wish to receive telephone solicitations.
(2)
SOLICITATIONS PROHIBITED.
No person may make a telephone solicitation, either directly or through an employee
or agent, to a residential telephone customer whose telephone number appears
on the current no-call list. A telephone solicitation made in violation of this
subsection does not, by itself, result in a monetary loss for which a residential
telephone customer may seek recovery under s. 100.20 (5), Stats., unless that
customer sustains an actual monetary loss as a result of another violation of
this chapter.
(3)
INDIVIDUALS INCLUDED
ON THE LIST. (a) A residential telephone customer or the customer's caregiver
may contact the department to have the customer included on the no-call list.
The residential telephone customer or caregiver shall give the department all
the following information:
1.
The customer's telephone
number including area code.
2.
The customer's postal
ZIP code.
3.
The customer's name
and address, if requested by the department. The department may not include
the customer's name or address on the no-call list.
4.
The caregiver's name
and address, if a caregiver contacts the department on behalf of the customer.
The department may not include the caregiver's name or address on the no-call
list.
Note: The department will
publish a telephone number and website address that residential telephone customers
may contact to sign up for the no-call list. The no-call list will include only
the customer's telephone number and ZIP code.
(b) No person, other than
a residential telephone customer or the customer's caregiver, may ask the department
to include the customer on the no-call list.
(4)
DISTRIBUTING THE LIST.
The department shall distribute the no-call list to each person who is currently
registered with the department under s. ATCP 127.81. The department shall distribute
the no-call list to the addresses, and in the manner, specified by the registrant
under s. ATCP 127.81 (2) (j). A no-call list takes effect on the date specified
by the department. The effective date shall be not sooner than 10 business days
after the department distributes the list.
(5)
UPDATING THE LIST.
The department shall compile and distribute an updated no-call list every 3
months. The department shall distribute each updated list in the manner provided
under sub. (4). An updated list takes effect on the date specified by the department.
The effective date shall be not sooner than 10 business days after the department
distributes the list.
(6)
LIST DELETIONS AND
RENEWALS. The department shall delete a residential telephone customer from
the no-call list 2 years after that customer last applied for listing. The customer
or the customer's caregiver may renew the customer's listing at any time, in
the manner provided for an original listing under sub. (3).
(7)
NO RE-DISTRIBUTION
BY LIST RECIPIENTS. A person who receives a no-call list may not distribute
any part of that list to another person, except that a current registrant under
s. ATCP 127.81 may redistribute the list to persons covered by that registration.
(8)
LIST NOT OPEN TO PUBLIC
INSPECTION. (a) The department may not release a no-call list, or any information
collected under sub. (3), except that:
1.
The department may
release a no-call list to a person currently registered under s. ATCP 127.81,
or to persons covered by that registration, as provided in this section.
2.
The department may
release a no-call list as necessary to enforce this subchapter, or to comply
with a subpoena or judicial process, subject to any protective orders that may
be necessary to ensure the confidentiality of the list.
3.
The department may
release a no-call list to the federal trade commission or other federal agency
maintaining a national no-call list.
Note: See s. 100.52 (2)
(c), Stats.
