1. (1) Disclosures required. In a face-to-face solicitation, a seller shall disclose all of the following to the consumer:

   1. (a) The name of the principal seller.

      Note: For example, if Mary Smith makes door-to-door solicitations as an employee or agent of the ABC Company, Smith must disclose the name of the ABC Company.

   2. (b) The name of the individual making the face-to-face solicitation.

      Note: For example, if Mary Smith makes door-to-door solicitations for the ABC Company, she must also 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) Making the disclosures. A seller shall make the disclosures under sub. (1) before asking any questions or making any statements to a consumer, other than an initial greeting. The seller shall make the disclosures orally and in writing.

3. (3) Fictitious names.

   1. (a) A seller may not use any fictitious name under sub. (1) (a) or s. ATCP 127.64 (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 face-to-face solicitations as an employee or agent of another seller may disclose a fictitious individual name under sub. (1) (b) if all of the following apply:

      1. 1. No other individual making face-to-face solicitations for the same seller uses the same fictitious name.

      2. 2. The seller for whom the individual is making the face-to-face solicitation keeps records under s. ATCP 127.76 (1) (d) that correlate the fictitious name with the actual name and address of the individual seller.

         Note: Subsection (3) (b) balances the needs of consumers against the privacy interests of individuals employed to make face-to-face solicitations on behalf of a seller.

History

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