Section 123.02. Disclosure to subscriber.

 

(1)   Subscription terms. Except as provided under sub. (4) or (5) , a provider shall disclose to a consumer the material terms of a proposed subscription at or before the time that the consumer subscribes. The disclosure shall include all of the following:

(a) A clear identification of each service offering included in the subscription, including the material consumer features, functions, or capabilities which comprise that service offering.

(b) The price which the consumer must pay for each service offering. Prices may be disclosed as price schedules, rates, or formulas, provided that the consumer can readily determine the total amount which he or she must pay. The price shall include the price for all goods and services which the provider bills to the consumer in connection with the service offering.

(c) All incidental charges that may affect the total amount payable by the consumer, including charges for connecting, changing, or disconnecting service. This paragraph does not apply to finance charges or late payment charges if the provider discloses all of the following in writing when the provider first bills the consumer for the principal amount to which those finance charges or late payment charges apply:

1. The circumstances under which the finance charges or late payment charges will apply.

2. The amount of the finance charges or late payment charges, or the method for computing those charges if their amount is not yet known.

(d) The effective date of the subscription unless all of the following apply:

1. The effective date depends on the action of a third party outside the provider's control.

2. The provider discloses a good faith estimate of the effective date and a means by which the consumer may verify the effective date.

(e) The expiration date of the subscription, if any.

(f) Any limitations on the consumer's right to cancel the subscription at any time.

(2)   Disclosure in writing. Except as provided under sub. (3) , a provider shall make the disclosures under sub. (1) in writing. The provider shall disclose the material terms of the subscription in context with each other, and shall not separate those material terms by promotional information.

(3)   Oral or electronic disclosure; written confirmation. If a consumer subscribes orally or electronically, the provider may make the disclosure under sub. (1) orally or electronically, provided that both of the following apply:

(a) The provider confirms the disclosure in writing on or before the 15th day after the consumer subscribes, or on or before the day that the provider first bills the consumer under the subscription, whichever is later. The provider may confirm the disclosure as part of a regular billing statement to the consumer.

(b) The provider does one of the following:

1. Notifies the consumer that the consumer may cancel the subscription at any time without incurring any cancellation charge or disconnect fee.

2. Notifies the consumer that the consumer may cancel the subscription, without incurring any cancellation charge or disconnect fee, prior to a specified cancellation deadline which is not less than 3 days after the consumer receives the written confirmation under par. (a) .

(4)   Long distance telecommunications rates; exemption. A provider of long distance telecommunications services need not disclose specific long distance rates under sub. (1) if the provider discloses all of the following under sub. (1) :

(a) A method by which the consumer may readily determine, without cost to the consumer, the specific rate for long distance telecommunications service between two points. Rates disclosures under this paragraph need not include discounts under par. (b) that will apply.

(b) Any discounts that will apply to long distance rates disclosed to the consumer under par. (a) .

(5)   Pay-per-view video programming charges; exemption. A provider of pay-per-view video programming is not required to disclose per-view charges under sub. (1) if all of the following apply:

(a) The consumer does not incur the per-view charges unless the consumer specifically orders the services to which those charges pertain.

(b) The provider discloses the per-view charges at or before the time that the consumer orders the services to which those charges pertain.

(c) The provider discloses under sub. (1) any subscription charges which the consumer must pay for the right to order pay-per-view services under par. (a) .

History: Cr. Register, July, 1996, No. 487 , eff. 1-1-97; CR 08-027 : am. (5) (title) and (intro.) Register December 2008 No. 636 , eff. 1-1-09.

Note

This subchapter regulates subscription and billing practices related to telecommunications services and cable television services provided to consumers. Microsoft Windows NT 6.1.7601 Service Pack 1This subchapter is adopted under authority of ss. 100.20 (2) and 100.207 (6) (e) , Stats. Violations of this chapter may be subject to prosecution under ss. 100.20 (6) , 100.26 (3) and (6) and, in the case of telecommunications services, s. 100.207 (6) (b) and (c) , Stats. Persons damaged by violations of this subchapter may bring private actions against the violators under ss. 100.20 (5) and 100.207 (6) (a) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 State administrative rules may, under certain circumstances, be preempted by federal law or administrative action. A provision of this subchapter that conflicts with federal law may be preempted. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, the identification of a video service offering should identify the channels that comprise the offering. Microsoft Windows NT 6.1.7601 Service Pack 1 A provider may incorporate by reference, in its written confirmation under par. (a), information contained in a telephone book or other periodic reference document provided to the subscriber. Microsoft Windows NT 6.1.7601 Service Pack 1