Section ATCP 123.04 - Subscription changes(1) DISCLOSURE REQUIRED. Except as provided under sub. (2), no provider may initiate any price increase or other subscription change without giving the consumer prior notice of that price increase or subscription change. The provider shall give the notice at least 25 days, but not more than 90 days, prior to the subscription change. The provider may give the notice as part of a regular billing statement to the consumer. Note: Section 100.209(2), Stats., requires a multichannel video programming distributor, as defined in 47 USC 522(13), to give a consumer at least 30 days advance written notice before deleting a service or instituting a rate increase.
(2) EXEMPTIONS. Subsection (1) does not apply if any of the following apply: (a) The consumer orders the subscription change, and the provider complies with s. ATCP 123.02 in connection with that order.(b) The subscription change does not alter the price of the service offering or the total amount billed to the consumer, and does not materially alter the consumer features, functions or capabilities which comprise the service offering.(c) The subscription change merely expands a service offering currently billed to the consumer without doing any of the following: 1. Increasing the price of that service offering or increasing the total amount billed to the consumer.2. Combining that service offering with another service offering which the consumer can order separately, but which the consumer has not affirmatively ordered.3. Making other material changes to the consumer features, functions or capabilities which comprise that service offering.(d) The subscription change results from the expiration of terms granted to the consumer under an introductory or other promotional offer, provided that the provider disclosed both of the following to the consumer at or before the time that the consumer subscribed: 1. The duration of the promotional offer.2. The terms that would apply after the promotional offer expired.(e) The subscription change is limited to a change in long distance rates that are exempt from disclosure under s. ATCP 123.02(4).(f) The subscription change is limited to a change in pay-per-view video programming charges that are exempt from disclosure under s. ATCP 123.02(5).(g) Section ATCP 123.12 exempts the subscription change from coverage under this chapter.(3) DISCLOSURE FORM AND CONTENTS. A provider shall make the disclosure under sub. (1) in writing. The disclosure shall do all of the following: (a) Clearly describe the proposed subscription change, including any change in price, and any material change in consumer features, functions or capabilities. Note: See s. ATCP 123.06 related to negative option billing.
(b) Specify the effective date of the proposed change.(c) Disclose that the consumer may cancel any service offering directly or indirectly affected by the change, without incurring a cancellation charge or disconnect fee, effective not later than the effective date of the subscription change. This disclosure is not required if, under the terms of the subscription, the consumer may cancel service offerings at any time without incurring a cancellation charge or disconnect fee.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 123.04
Cr. Register, July, 1996, No. 487, eff. 1-1-97; CR 08-027: am. (2) (f) Register December 2008 No. 636, eff. 1-1-09.