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FREQUENTLY ASKED QUESTIONS (FAQ's)
For Telemarketers

The Department of Agriculture, Trade and Consumer Protection will have the telemarketer application form and instructions available for downloading in Fall, 2002. Until then, telemarketers are encouraged to review the following FAQ's for information on Wisconsin's No Call List Program.

How do telemarketers subscribe to the Wisconsin No Call List?

How much does the No Call List cost?

What information will be on the Wisconsin No Call List?

When do telemarketers renew their subscription to the list?

How often do I need to update my list/my company's list/my client's list?

Can I make copies of the No Call List and distribute them?

I am not sure if my company qualifies as a "telemarketer." How do I know if I am covered under this law or not?

My company is located outside of Wisconsin. Do I have to comply with this law?

What are the penalties if I call someone on Wisconsin's No Call List?

Who enforces the Wisconsin No Call List?


How do telemarketers subscribe to the Wisconsin No Call List?

Telemarketers or companies that market over the telephone may obtain a copy of the Wisconsin No Call List by completing an annual application form and paying annual fees. Telemarketers may contact the Department of Agriculture, Trade and Consumer Protection to obtain an application packet at:

Wisconsin Department of Agriculture, Trade and Consumer Protection
No Call Registration Packet
2811 Agriculture Dr
PO Box 8911
Madison WI 53708-8911
Telephone:  608 224-4999
Fax:             608-224-4939
E-mail:         WINoCall@datcp.state.wi.us
Website:     NoCall.Wisconsin.gov

How much does the No Call List cost?

A telemarketer registering with DATCP must pay the following annual fees, or an annual fee of $20,000 whichever is less:

  • A basic annual registration fee of $700 for the first year of registration, and $500 for each year thereafter.
  • A supplementary annual fee of $75 for each telephone line used by the registrant (or the registrant's employees or individual agents) to make telephone solicitations. This fee does not apply if the registrant uses fewer than 4 telephone lines.
  • A supplementary annual fee of $25 for each e-mail address to which the registrant requests DATCP to send the No Call List. This fee does not apply if the registrant asks DATCP to send only one copy of the No Call List.
  • A supplementary annual fee of $25 for each copy or additional address to which the registrant requests DATCP to send the No Call List in compact disc form.
  • A supplementary annual fee of $1,000 for each copy or additional address to which the registrant requests DATCP to send the No Call List in hard copy print form.

The department may reduce the fees charged to registrants in any registration year (beginning January 1) if the projected balance in fee revenue account at the next fiscal year-end (June 3) will exceed the department's total projected expenditures for the No Call Program for the following fiscal year by more than 15%.

What information will be on the Wisconsin No Call List?

The list will include the telephone numbers and corresponding zip codes of Wisconsin consumers who prefer not to be solicited. This list will not contain the names or addresses of the participants.

When do telemarketers renew their subscription to the List?

Telemarketers need to renew their subscription before December 1 each year in order to receive the January update.

How often do I need to update my list/my company's list/my client's list?

DATCP will be updating and distributing the Wisconsin No Call List on a quarterly basis, effective January 1, 2003. Therefore, it will be necessary for the telemarketers to update their solicitation lists to match these updates. To make this possible, each quarter DATCP will deliver to your business an updated No Call List by e-mail, compact disc or hard copy. Each list will be accompanied with a note telling you the effective date. The effective date will never be less than 10 business days from the delivery date of the list.

After receiving the updated No Call List, you must update your solicitation list by the first day of the subsequent quarter.

Can I make copies of the No Call List and distribute them?

NO. The registration fee gives you a license to use the List to purge numbers on the List from your telemarketing database or the databases of your clients. Reproduction of the List in any form for resale in whole or in part to any other party for any reason is expressly forbidden. People caught distributing the List will be prosecuted to the fullest extent of the law.

I am not sure if my company qualifies as a "telemarketer." How do I know if I am covered under this law or not?

A firm must register annually with DATCP if the firm employs or contracts with individuals to make telephone solicitations to residential customers. A firm that sells property, goods or services may register on behalf of another firm that hires individual telemarketers to promote sales by the registering firm.

For example, an insurance company may register on behalf of a local insurance agency whose employees telemarket that company's insurance. But that registration does not cover the local agency's employees when they telemarket another company's insurance.

No individual may make a telephone solicitation to a residential telephone customer unless the telephone solicitation is covered by a registration with DATCP.

There are exceptions for the following:

  1. Calls made to a current client. A current client is a person who has a current agreement to receive, from the call or the person on whose behalf the call is made, property, goods or services of the same type promoted by the call.
  2. Calls made to customers who have given you prior express invitation or permission to call.
  3. Calls encouraging the customer to donate property, goods or services to a "nonprofit organization."

  4. Calls encouraging the customer to purchase property, goods or services from a "nonprofit organization" unless sale proceeds are subject to Wisconsin sales tax or federal income tax.
  5. Calls made for noncommercial purposes such as polls, surveys and political purposes.
  6. Calls made to a number listed in the current local business telephone directory.
  7. A call made by an individual acting on his or her own behalf, and not as an employee or agent of any other person.

My company is located outside of Wisconsin. Do I have to comply with this law?

Yes. If you are making an unsolicited telephone call to a Wisconsin resident for the purpose of encouraging, or as a part of a plan to scheme to encourage, the purchase of property, goods or services, then you are to refrain from calling people who have placed their number on the Wisconsin No Call List.

There are exceptions for the following:

  1. Calls made to a current client. A current client is a person who has a current agreement to receive, from the call or the person on whose behalf the call is made, property, goods or services of the same type promoted by the call.
  2. Calls made to customers who have given you prior express invitation or permission to call.
  3. Calls encouraging the customer to donate property, goods or services to a "nonprofit organization."

  4. Calls encouraging the customer to purchase property, goods or services from a "nonprofit organization" unless sale proceeds are subject to Wisconsin sales tax or federal income tax.
  5. Calls made for noncommercial purposes such as polls, surveys and political purposes.
  6. Calls made to a number listed in the current local business telephone directory.
  7. A call made by an individual acting on his or her own behalf, and not as an employee or agent of any other person.
What are the penalties if I call someone on Wisconsin's No Call List?

Businesses who unlawfully call numbers on the Wisconsin No Call List will be in violation of Wisconsin's No Call statute and rule and will be subject to the maximum penalty of $100 for every violation.

Who enforces the Wisconsin No Call List?

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) is the agency responsible for investigating violations of the Wisconsin No Call List. The DATCP can be reached at 608 224-4999 or by e-mail to WINoCall@datcp.state.wi.us.

DATCP will contact the offending businesses to make them aware of the No Call List. After a reasonable amount of time to comply, if we receive subsequent complaints about the same business, we may pursue court action and monetary penalties.

Telemarketer Application Packet

Wisconsin No Call Laws



Department of Agriculture, Trade & Consumer Protection, 2811 Agriculture Drive, Madison, WI  53718
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