Telemarketer Registration

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​Under Wis. Stat. § 100.52, "Telephone solicitations," the Wisconsin Department of Agriculture, Trade and Consumer Protection registers telephone solicitors who initiate a telephone conversation or text message to a Wisconsin resident for the purpose of encouraging the recipient of the telephone call or text message to purchase property, goods or services.  A tele​phone solicitor is a person or busin​ess, other than a nonprofit organization, that employs or contracts with an individual to m​ake a telephone solic​itation.

The registration year begins December 1 and ends November 30. There are two ways to register as a telephone solicitor:

  • Register online through the DATCP website, or
  • Submit a completed telephone solicitor regi​stration form to DATCP

Registration forms are available in DATCP's telephone solicitor registration packet, which can be downloaded for free. You can also contact DATCP by phone or email​ to request a physical copy be mailed to you. The Bureau of Consumer Protection's mailing address is:

DATCP ​Bureau of Consumer Protection
PO Box 8911
Madison, WI 53708-8911​

DATCP adopted rules to implement the telemarketing Do Not Call program. The effective date for this rule (Chapter ATCP 127, Subchapter V, Wis. Admin. Code, "Telephone Solicitations; State Do-Not-Call Registry") was December 1, 2002. If you would like a copy of the rules or statutes, please visit legis.wisconsin.gov.​

If you are a business registering as a telemarketer in Wisconsin, you must register with both ​the Federal Trade Commission (FTC) and the Wisconsin Telephone Solicitor Program.


​Frequently Asked Questions

Under Wis. Stat. § 100.52(3) and (4)(b)1., and under Wis. Admin. Code § ATCP 127.81(1)(a), a company must register as a telephone solicitor if the company makes “telephone solicitations” to residential telephone customers in Wisconsin. Under Wisconsin law, the term “telephone solicitation” means making an unrequested telephone call or sending an unrequested text message to an individual’s personal telephone number for the purpose of encouraging the recipient to purchase something.
If a company makes “telephone solicitations” within the meaning of Wisconsin law, then that company must register as a telephone solicitor with the Department of Agriculture, Trade and Consumer Protection (DATCP) pursuant to Wis. Stat. § 100.52(3), Wis. Stat. § 100.52(4)(b)1., and Wis. Admin. Code § ATCP 127.81(1)(a).
Both parties are responsible for complying with the laws applicable to their respective activities. Moreover, a third party service provider who accesses the FTC’s DNC Registry on behalf of another entity must certify the organization they represent will comply with the requirements of the FTC’s DNC Registry. Refer to 16 CFR § 310.8(e).​
“Scrubbing” is the practice of using the FTC’s DNC Registry to remove telephone numbers that appear on the registry from a company’s calling lists and databases. A DNC scrubber helps businesses stay compliant with federal requirements and avoid DNC violations.
Federal law prohibits anyone — including a company that provides “scrubbing” services to other companies — from using information obtained from the FTC’s DNC Registry to ultimately benefit a seller of goods or services who does not have its own current Subscription Account Number (SAN) for accessing the FTC’s DNC Registry.

Wisconsin Stat. § 100.52(4)(b)(3) prohibits a telephone solicitor from using or possessing a copy or updated version of the state do-not-call registry that the telephone solicitor obtained in violation of federal law. Thus, a company violates Wisconsin law if it does not have its own SAN for accessing the FTC’s DNC Registry and does have a “scrubbed” list of Wisconsin telephone numbers that it uses when making telephone solicitations to Wisconsin residents. For purposes of Wisconsin law, the term “telephone solicitation” means initiating an unsolicited telephone call or text messages to a Wisconsin resident as part of a plan to sell goods or services.

If you are a business that does not have its own SAN, possesses a “scrubbed” list of Wisconsin telephone numbers, and is not registered with Wisconsin as a telephone solicitor, please provide us with written assurance that you are not making telephone solicitations to Wisconsin residents and explain your reason for possessing a “scrubbed” list of Wisconsin telephone numbers. Your written assurance may be sent electronically to DATCPWINoCall@wisconsin.gov or mailed to:

DATCPWINoCall
PO Box 8911
Madison, WI 53708-8911.

Likewise, if you are a business with its own SAN, you access telephone numbers with Wisconsin area codes on the FTC’s DNC Registry, and you are not registered with Wisconsin as a telephone solicitor, please provide us with written assurance that you are not making telephone solicitations to Wisconsin residents and explain how you use the Wisconsin telephone numbers that are listed on the FTC’s DNC Registry. Your written statement may be sent electronically to DATCPWINoCall@wisconsin.gov or mailed to:

DATCPWINoCall
PO Box 8911
Madison, WI 53708-8911
Wisconsin currently has eight​ area codes in service: 262, 274, 353, 414, 534, 608, 715, and 920.​
The registration year begins December 1 and ends November 30. The registration requires an annual fee. The annual registration fee is not prorated - the entire annual fee is due regardless of the date of registration. The telephone solicitor registration is not transferable.

The initial registration fee is $700. The registration renewal fee is $500. If there are three lines or less, there is no additional line fee. If there are four or more lines, it is $75 per line.  

If your registration has lapsed for more than one year, it is a new registration, and the $700 fee applies.
   
The annual registration fee may be paid in quarterly payments. The four quarterly installments are due on or before December 1, March 1, June 1 and September 1 of the registration year, or on the date of initial registration, whichever is later. If paying quarterly, please be aware that a 20% late fee of the total annual registration fee will apply to telephone solicitors whose quarterly registration payment(s) are not postmarked on or before the due dates indicated above. Refer to Wis. Admin. Code ATCP § 127.81(3)-(3m) and Wis. Stat. § 93.21(5).

Maximum Fee Amount: The maximum annual registration fee owed is $20,000. However, a 20% late fee will be assessed for annual registrations and quarterly payments received after the respective due dates.  

Lines: Wis. Admin. Code ATCP § 127.80(8) defines a telephone line as “a circuit or channel, including a voice grade equivalent channel, that is derived from a line, cable or digital facility, and that may be used to make a telephone call”. This definition includes wireless channels and digital lines. T-lines, SIP, VOIP, and other digital lines that have the capacity to make simultaneous calls need to be registered based on the number of outbound calls that can be made to Wisconsin residents. Example: If one T-line channel can call up to 24 Wisconsin residents, then 24 lines, and not one channel need to be registered.  

Amending Lines: If you have already paid $20,000 in a registration year, and need to add more lines during the year, there is no additional fee. To amend your line count during the registration year, please send the numbers and type of lines in an email to DATCP. Staff will update the registration accordingly and generate an invoice for the amended lines.​​
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Contact Us

WI Telephone Solicitor Registration Program
(608) 224-4999
DATCPWINoCall@wisconsin.gov

Hours of Operation: 7:45 a.m. to 4:30 p.m. Monday–Friday

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