Section ATCP 127.16 - Prohibited practicesNo seller may do any of the following in a telephone transaction:
(1) Threaten, intimidate or harass a consumer.(2) Repeatedly or continuously cause a consumer's telephone to ring, or repeatedly or continuously engage a consumer in telephone conversation, if the seller knows or reasonably should know that those actions will have the effect of annoying, abusing or harassing the consumer.(3) Initiate a telephone solicitation to a consumer before 8:00 AM or after 9:00 PM without the prior consent of the consumer. Time, for purposes of this section, is the local time at the place where the consumer resides.(4) Initiate a telephone solicitation to a consumer who has previously stated that he or she does not wish to receive telephone solicitations from the seller for whom the solicitation is being made. A seller does not violate this subsection if all of the following apply: (a) The seller has established and implemented clear written procedures that are reasonably designed to prevent violations.(b) The seller has trained its personnel in the procedures under par. (a). (c) The seller maintains a recorded list of persons who have stated that they do not wish to be called by the seller for whom solicitations are being made.(d) The repeat call is the result of a good faith error, and is not the result of an intentional or systematic disregard of the prohibition under this subsection.(5) Request or receive payment for seeking or arranging a loan or extension of credit until the consumer actually receives that loan or extension of credit, if the seller has represented that efforts to obtain a loan or extension of credit would likely be successful.(6) Fail to do either of the following if the transaction qualifies as a consumer approval transaction under s. 423.201, Stats., and is not subject to s. 423.202(4), Stats.: (a) Provide a notice under s. 423.203, Stats., of the consumer's right to cancel.(b) Honor the consumer's right to cancel under s. 423.202, Stats.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 127.16
Cr. Register, July, 1999, No. 523, eff. 8-1-99.Under s. 423.202, Stats., a consumer may cancel a consumer approval transaction until midnight of the 3rd business day after the seller gives the consumer a required written notice of cancellation rights under s. 423.203, Stats. The consumer's cancellation rights under s. 423.202, Stats., are in addition to any other cancellation rights which the consumer may have under contract law.