1. (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:

   1. (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.

   2. (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.

   3. (c) That the seller is offering or promoting the sale of consumer goods or services.
   4. (d) The nature of the goods or services which the seller is offering or promoting.

2. (2) Fictitious names.

   1. (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. 1. The seller is widely known by and consistently does business under that name.
      2. 2. The name does not have the tendency or capacity to confuse or mislead the consumer as to the seller’s true identity.

   2. (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. 1. No other individual making telephone solicitations for the same seller uses the same fictitious name.

      2. 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.

         Note: Subsection (2) (b) balances the needs of consumers against the privacy interests of individuals employed to make solicitations on behalf of a seller.

History

History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.