LRB-0772/1
CTS:kjf:rs
2007 - 2008 LEGISLATURE
January 12, 2007 - Introduced by Representative Schneider. Referred to
Committee on Consumer Protection and Personal Privacy.
AB6,1,4
1An Act to repeal 100.52 (3) (b);
to renumber 100.52 (3) (a);
to amend 20.115
2(8) (jm) and 100.52 (4) (b) 1.; and
to create 100.523 of the statutes;
relating
3to: requiring telephone solicitors to obtain consent before soliciting sales,
4contributions, or political support.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Agriculture, Trade and Consumer
Protection (DATCP) must promulgate rules requiring a telephone solicitor to
identify, at the beginning of a telephone conversation, the telephone solicitor and the
person who is selling property, goods, or services. Currently, such rules are required
only for persons that are soliciting the purchase of property, goods, or services, and
are not required for nonprofit organizations.
This bill deletes the current rule-making requirement. The bill prohibits
making a telephone call to a residential customer for the purpose of soliciting a sale,
soliciting a contribution to an organization, or soliciting support or opposition to a
candidate for election, political party or committee, or referendum question, unless
the person making the call immediately identifies himself or herself and any
organization on whose behalf the person is making the call, and obtains the
recipient's oral consent to proceed with the telephone call. If the recipient does not
consent, the caller must immediately terminate the call.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB6, s. 1
1Section
1. 20.115 (8) (jm) of the statutes is amended to read:
AB6,2,52
20.115
(8) (jm)
Telephone solicitation regulation. All moneys received from
3telephone solicitor registration and registration renewal fees paid under the rules
4promulgated under s. 100.52 (3)
(a) for establishing and maintaining the
5nonsolicitation directory under s. 100.52 (2).
AB6, s. 2
6Section
2. 100.52 (3) (a) of the statutes is renumbered 100.52 (3).
AB6, s. 3
7Section
3. 100.52 (3) (b) of the statutes is repealed.
AB6, s. 4
8Section
4. 100.52 (4) (b) 1. of the statutes is amended to read:
AB6,2,119
100.52
(4) (b) 1. Require an employee or contractor to make a telephone
10solicitation to a person in this state unless the telephone solicitor is registered with
11the department under the rules promulgated under sub. (3)
(a).
AB6, s. 5
12Section
5. 100.523 of the statutes is created to read:
AB6,2,20
13100.523 Consent required for telephone solicitations. (1) No person may
14make a telephone call to a residential customer, as defined in s. 100.52 (1) (f), for the
15purpose of making a telephone solicitation, as defined in s. 100.52 (1) (i), for the
16purpose of soliciting a contribution of anything of value to an organization on whose
17behalf the person is making the telephone call, or for the purpose of encouraging the
18residential customer to support or oppose a candidate for election, political party or
19committee, or referendum question, unless the person does all of the following
20immediately after the telephone call is answered:
AB6,3,3
1(a) Identifies the person making the telephone call and, if different from the
2person making the telephone call, the person on whose behalf the person is making
3the telephone call.
AB6,3,54
(b) Obtains oral consent from the recipient of the telephone call to proceed with
5the telephone call.
AB6,3,8
6(2) If the recipient of a telephone call described in sub. (1) does not give oral
7consent to proceed with the telephone call, the person making the telephone call shall
8immediately terminate the telephone call.
