(1) DISCLOSURES REQUIRED. A seller making a
telephone solicitation shall disclose all of the following to the consumer
before asking any questions or making any statements other than an initial
greeting:
(a) The name of the principal
seller.
Note: For example, a telemarketing firm making
solicitations on behalf of another company must disclose the name of the
company for which it is acting as agent. The telemarketing firm may also
disclose its own identity, but is not required to do so.
(b) The name of the individual making the
telephone solicitation.
Note: For example, if Mary Smith makes telephone
solicitations for the ABC Company, Smith must disclose her individual name.
Under sub. (3) (b), Smith may use a fictitious name which uniquely identifies
her if the ABC Company keeps a record of that uniquely identifying fictitious
name.
(c) That the seller
is offering or promoting the sale of consumer goods or services.
(d) The nature of the goods or services which
the seller is offering or promoting.
(2) FICTITIOUS NAMES.
(a) A seller may not use any fictitious name
under sub. (1) (a) or s.
ATCP 127.06(1)
(d), except that a seller may use a trade
name if all of the following apply:
1. The
seller is widely known by and consistently does business under that
name.
2. The name does not have the
tendency or capacity to confuse or mislead the consumer as to the seller's true
identity.
(b) An
individual making a telephone solicitation as an employee or agent of a seller
may disclose a fictitious individual name under sub. (1) (b) if all of the
following apply:
1. No other individual making
telephone solicitations for the same seller uses the same fictitious
name.
2. The seller for whom the
individual is making the telephone solicitation keeps records under s.
ATCP 127.18(1)
(d) which correlate the fictitious name with
the actual name and address of the individual seller.
Notes
Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection
ATCP 127.04
Cr. Register, July,
1999, No. 523, eff. 8-1-99.
Subsection (2) (b) balances the needs of consumers
against the privacy interests of individuals employed to make solicitations on
behalf of a seller.
