Section 127.01. Definitions.

  In this chapter:

(1)  "Acquirer" means a financial institution or other person who, under a license or authorization granted by a credit card system operator, authorizes merchants to honor credit cards and submit credit card sales drafts for payment through the credit card system.

(2)  "Consumer" means an individual to whom a seller advertises, offers to sell, sells, or promotes the sale of consumer goods or services. "Consumer" does not include an individual who purchases consumer goods or services in a business capacity, or for resale to others.

(3)  "Consumer goods or services" means goods or services typically used for personal, family, or household purposes. "Consumer goods or services" includes personal investment opportunities, personal business opportunities, and personal training courses but does not include any of the following:

(a) Investment opportunities, business opportunities, and training courses when offered to a business, rather than a consumer.

(b) Real estate, other than cemetery lots or timeshares as defined in s. 707.02 (24) , Stats.

(c) Pay-per-call services sold in compliance with s. 196.208 , Stats.

(d) A newspaper subscription that the consumer may cancel at any time without penalty.

(4)  "Credit" means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.

(5)  "Credit card" means any card or other device which entitles an authorized holder to obtain goods, services, or other things of value on credit.

(6)  "Credit card sales draft" means any record or evidence of a credit card transaction.

(7)  "Credit card system" means the system through which credit card transactions, using credit cards issued or licensed by the credit card system operator, are processed for payment.

(8)  "Credit card system operator" means a person who operates a credit card system, or who licenses others to operate a credit card system.

(9)  "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.

(10)  "Disclose" means to make a clear and conspicuous statement which is reasonably designed to be noticed and readily understood by the consumer.

(11)  "Individual" means a natural person.

(12)  "Investment opportunity" means anything, tangible or intangible, that is offered, sold, or traded based wholly or in part on representations, either express or implied, about past, present, or future income, profit, or appreciation. "Investment opportunity" does not include a security sold in compliance with ch. 551 , Stats. , or a franchise investment sold in compliance with ch. 553 , Stats.

(13)  "Mass advertisement" means a solicitation which a seller publishes or makes accessible to an unrestricted mass audience. "Mass advertisement" includes a solicitation published in a newspaper, magazine, radio broadcast, television broadcast, or internet home page. "Mass advertisement" does not include a solicitation which a seller addresses to an individual consumer, to a consumer's residence, or to a gathering of consumers invited by means of telephone, mail, or face-to-face solicitations under this chapter.

(14)  "Merchant" means a person who is authorized, under a written agreement with an acquirer, to honor credit cards and submit credit card sales drafts to the acquirer for payment and processing through the credit card system.

(15)  "Person" means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.

(16)  "Prize promotion" means any of the following:

(a) A sweepstakes or other game of chance.

(b) A seller's express or implied representation that a consumer has won, has been selected to receive, may be eligible to receive, or may have a chance to receive a prize.

(c) Any communication from a seller to a consumer in which the seller is required to give the consumer a prize notice under s. 100.171 , Stats.

(17)  "Purchase" means to buy or lease consumer goods or services.

(18)  "Purchase contract" means an agreement to purchase consumer goods or services, regardless of whether that agreement is subject to a later right of cancellation. "Purchase contract" does not include the following agreements, but does include a purchase commitment which arises under any of those agreements as a result of the consumer's subsequent action or omission:

(a) An agreement authorizing the trial delivery of consumer goods or services which the consumer has not yet agreed to purchase, provided that the agreement includes no minimum purchase requirement.

(b) A negative option plan that is covered by and complies with 16 CFR 425 .

(19)  "Sale" means the passing of an ownership or leasehold interest in consumer goods or services to a consumer for a price.

(20)  "Sell" means to engage in the sale of consumer goods or services, or to accept payment pursuant to a purported sale of consumer goods or services.

(21)  "Seller" means a person, other than a bank, savings bank, savings and loan association, credit union, insurance company, public utility, or telecommunications carrier engaged in exempt activities under s. 93.01 (1m) , Stats., who is engaged in the business of selling, offering to sell, or promoting the sale of consumer goods or services to consumers. "Seller" includes all of the following:

(a) A person who accepts payment for a purported sale of consumer goods or services to a consumer.

(b) An employee or agent of a seller.

(c) A person who makes solicitations under arrangement with a seller.

(22)  "Solicitation" means a communication received by a consumer at a place other than the seller's regular place of business, in which a seller offers or promotes the sale of consumer goods or services to a consumer, or which is part of a seller's plan or scheme to sell consumer goods or services to a consumer. "Solicitation" does not include any of the following:

(a) A mass advertisement.

(b) A telephone, mail, or electronic communication initiated by the consumer, unless prompted by the seller's prior solicitation to the consumer.

(c) A written communication that invites a consumer to the seller's regular place of business.

(d) A communication initiated by a consumer at an established public market, unless that communication was prompted by the seller's prior solicitation to the consumer.

(e) The delivery, to a consumer, of goods or services sold to the consumer in a transaction other than a telephone, mail, or face-to-face transaction under this chapter.

(23)  "Written" or "in writing," as applied to a seller's disclosure to a consumer, means legibly printed on paper or another tangible nonelectronic medium that is delivered to the consumer, or legibly printed in an electronic form that the consumer can electronically retrieve, store, or print for future reference.

Cr. Register, July, 1999, No. 523 , eff. 8-1-99; CR 02-036 : am. (15), Register November 2002 No. 563 , eff. 12-1-02; CR 04-005 : am. (21) (c) Register October 2004 No. 586 , eff. 11-1-04.