LRB-4269/1
CTS:nwn:ph
2009 - 2010 LEGISLATURE
March 4, 2010 - Introduced by Senators Wirch, Lehman, Risser and Hansen,
cosponsored by Representatives
Pocan, Turner, Berceau and Murtha.
Referred to Committee on Commerce, Utilities, Energy, and Rail.
SB588,1,4
1An Act to create 100.52 (6m), 134.72 (2m) and 134.72 (5) of the statutes;
2relating to: records concerning certain telephone and facsimile solicitations
3and a private action against certain senders of unsolicited facsimile
4solicitations.
Analysis by the Legislative Reference Bureau
Under current law, certain telephone customers may request inclusion in a
directory maintained by the Department of Agriculture, Trade and Consumer
Protection (department) that lists customers who do not wish to receive telephone
solicitations. Current law prohibits telephone solicitors from making a telephone
solicitation to a customer listed in the directory. Also under current law, no person
may send a facsimile solicitation to a person who has notified the sender that the
person does not wish to receive facsimile solicitations. If a recipient has not given
a sender such notice, current law allows an unsolicited facsimile solicitation only if
it is one page or less in length, contains the name of the sender, is made after 9 p.m.
and before 6 a.m., and is made to a person with whom the sender has had a previous
business relationship.
Under this bill, if a telecommunications utility's customer is listed in the
current nonsolicitation directory and the customer provides to the
telecommunications utility a copy of a complaint regarding a telephone solicitation
that involves the listing and that the customer has filed with the department, the
telecommunications utility must provide to the customer a written record of all the
telephone numbers from which calls to the customer originated during the
approximate time when the customer alleges that the violation occurred.
Also under the bill, if a person provides to a telecommunications utility from
whom the the person obtains basic local exchange service the date and time when the
person received a facsimile solicitation in violation of current law and provides a copy
of the facsimile solicitation, the telecommunications utility must provide to the
person a written record of the number from which the facsimile transmission was
sent to the person, as well as any additional information in the telecommunications
utility's possession regarding the identity of the sender of the facsimile transmission.
The bill provides that a telecommunications utility responding to a request for
either type of record may charge the requester not more than the actual cost to the
telecommunications utility of responding to the request.
The bill also creates a private cause of action against a person who violates the
current limitations on unsolicited facsimile solicitations. A prevailing plaintiff is
entitled to recover actual damages or $200, whichever is greater, and reasonable
attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB588, s. 1
1Section
1. 100.52 (6m) of the statutes is created to read:
SB588,2,122
100.52
(6m) Record request. If a residential customer for whom a listing is
3included in the nonsolicitation directory under sub. (2) (d) provides to a
4telecommunications utility that provides basic local exchange service or commercial
5mobile service to the residential customer a copy of a complaint regarding a violation
6of sub. (4) that involves the listing and that the customer has filed with the
7department, the telecommunications utility shall provide to the customer a written
8record of all the telephone numbers from which calls to the customer originated
9during the approximate time when the customer alleges that the violation occurred.
10A telecommunications utility responding to a request under this subsection may
11charge the requesting customer not more than the actual cost to the
12telecommunications utility of responding to the request.
SB588, s. 2
13Section
2. 134.72 (2m) of the statutes is created to read:
SB588,3,11
1134.72
(2m) Record request. If a person provides to a telecommunications
2utility, as defined in s. 196.01 (10), from whom the the person obtains basic local
3exchange service, as defined in s. 196.01 (1g), the date and time when the person
4received a facsimile solicitation sent in violation of sub. (2) and a copy of the facsimile
5solicitation, the telecommunications utility shall provide the person with a written
6record of the facsimile transmission number from which the facsimile transmission
7was sent to the person, as well as any additional information in the
8telecommunications utility's possession regarding the identity of the sender of the
9facsimile transmission. A telecommunications utility responding to a request under
10this subsection may charge the requester not more than the actual cost to the
11telecommunications utility of responding to the request.
SB588, s. 3
12Section
3. 134.72 (5) of the statutes is created to read:
SB588,3,1613
134.72
(5) Private action. Any person who is injured as a result of a violation
14of this section may bring an action against the violator to recover damages or $200,
15whichever is greater. Notwithstanding s. 814.04 (1), a court shall award to a person
16who prevails in an action under this subsection reasonable attorney attorney fees.
