Wisconsin TCPA and telemarketing law
Wisconsin has its own telemarketing statute. Its consent standard is stricter than the current federal one.
| Statute | Wis. Stat. § 100.52; Wis. Admin. Code ATCP 127 subch. V | ↗ |
| Consent standard | Prior express written consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Not yet verified | |
| Statutory damages | Not yet verified | |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
Wisconsin regulates telephone solicitation under Wis. Stat. § 100.52 and the state's ATCP 127 rules. A telephone solicitation is the unsolicited initiation of a telephone conversation or text message to encourage a purchase, so texts are covered. Telephone solicitors must register with the state, may not call numbers on the state do-not-call registry, and may not block or falsify caller ID.
A prerecorded sales message requires a signed written agreement from the customer first, and the rule applies to business lines as well as residential and mobile ones. The statute gives consumers no lawsuit of their own. The state enforces it through forfeitures of up to $100 per violation, rising to $10,000 per violation for caller ID blocking or spoofing. A do-not-call violation by itself is not a monetary loss a consumer can sue over.
Source: Wis. Stat. § 100.52; Wis. Admin. Code ATCP 127 subch. V ↗