Section 127.81. Telephone solicitors; registration.

 

(1)   Registration required.

(a) No person may employ or contract with any individual to make telephone solicitations to covered 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.

(c) No individual may make a telephone solicitation to a covered 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) T he registrant's valid subscription access number (SAN) for the national do-not-call registry .

(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) .

(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.

CR 02-036 : cr. Register November 2002 No. 563 , eff. 12-1-02; CR 10-045 : am. (1) (a), (c) Register December 2010 No. 660 , eff. 1-1-11; EmR1413 : emerg. r. and recr. (2) (j), r. (3) (c) to (e), eff. 8-1-14; CR14-050 : r. and recr. (2) (j), r. (3) (c) to (e) Register April 2015 No. 712 , eff. 5-1-15.

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 telemarket another company's insurance. Microsoft Windows NT 6.1.7601 Service Pack 1