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Wisconsin

Telecom Compliance Reference — Updated January 2023

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$10,000

Registration

Required

Overview Calling Hours Consent Registration DNC Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in Wisconsin

Real estate investor cold calling and SMS compliance in Wisconsin

Guide last reviewed: January 2025

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Mini-TCPA State — Wis. Stat. § 100.52 (Telephone Solicitation)

Wisconsin imposes stricter consent and calling requirements than federal TCPA.REI Wholesaling companies operating here face $10,000 per-violation penalties.

Wisconsin REI Wholesaling Overview

Wisconsin is a moderate-risk state for REI cold calling. DATCP registration is straightforward and cheap ($150/year). The civil forfeiture range of $100-$10,000 per violation gives DATCP flexible enforcement. The private right of action under § 100.18 (fraudulent representations) with $200 minimum damages and double damages for intentional violations adds litigation risk for deceptive practices. Manual dialing with DNC scrubbing is the safest approach. Keep call records for at least 2 years.

Penalty/Violation

$10,000

Willful

$10,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with Wisconsin DATCP as a telemarketer ($150/year) before making any solicitation calls,Scrub all call lists against both the Wisconsin DNC list and the federal National DNC Registry,Manual (human) dialing is permitted for cold calling with DNC compliance,Call only between 8:00 AM and 9:00 PM local time,Identify yourself, company, and purpose at the beginning of the call,Provide a valid callback number,Prior express written consent before any ATDS or prerecorded calls to cell phones under federal TCPA,Automated systems must disconnect within 5 seconds after called party hangs up,Maintain call records for at least 2 years per ATCP 127,Existing business relationship exemption covers past sellers — manual calls recommended,Deceptive practices trigger Wis. Stat. § 100.18 private right of action with $200 minimum damages and potential double damages

What Gets Companies Sued

✗Common violations for REI wholesalers in WI: (1) Failing to register with DATCP before calling; (2) Calling DNC-listed numbers — $100 to $10,000 per violation forfeitures; (3) Not maintaining call records for 2 years; (4) Using autodialers or prerecorded messages without consent; (5) Deceptive property valuation or offer claims triggering § 100.18 liability.

Special Exemptions

Licensed real estate agents may be exempt from DATCP registration for calls within licensed activity. Most REI wholesalers without licenses do NOT qualify. EBR exemption covers past transaction partners. DATCP registration is inexpensive ($150/year) compared to states like Virginia ($50,000 bond).

Key State Rules

Mini-TCPAYes

RegistrationRequired

Class ActionsNot specified

Consent Requirements→Registration Details→DNC List→

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →