Wisconsin’s Do Not Call List is phenomenally popular. During 2007, more than 1 million Wisconsin residential phone lines were covered by the list that is operated by the Wisconsin by the Department of Agriculture, Trade and Consumer Protection (DATCP).
Unfortunately, fewer telemarketers at dinner time mean more salespeople knocking on your door.
DATCP is warning residents to be aware of door-to-door salespeople who are popping up more frequently in Wisconsin neighborhoods selling home improvements, lawn care, the traditional vacuum cleaners, meat, and even investments. The department is offering tips on proceeding with caution whenever you get an unexpected knock on your door.
Avoid being pressured to sign any contract on the spot.
Call DATCP’s hotline at 1-800-422-7128 for information about complaints.
Rather than being compelled to make a quick, impulsive purchase, do some comparison shopping.
Be sure you are aware of the exact total you must pay, not just the monthly payment.
There is also the notorious fine print to worry about. DATCP reports one alarm company had in its contract fine print that it could increase monthly fees when it so desired and could demand payment of monthly fees in full if the purchaser ever canceled the contract. If you are being pressured to pay more than the original contract indicates, you are advised to call local law enforcement.
Since August 1, 1999, Wisconsin has had a direct marketing rule providing consumer protection that applies to telephone, e-mail, fax, mail, and door-to-door transactions. These include purchases made in places away from the seller’s place of business.
All direct marketers, including door-to-door salespeople must, after a short greeting, tell who they are, who they are working on behalf of and what they are selling.
Before finishing the sale and taking any credit card information or cash, direct markets must tell consumers the cost, quantity, conditions, refund policy and the name and address of the principal company.
A direct marketer must obtain verifiable authorization before a credit card is billed and must keep transaction records for at least two years.
According to DATCP, the direct marketing rule also prohibits:
- Threatening, intimidating or harassing consumers.
- Failing to leave a consumer’s premises upon request.
- Calling consumers who previously said they do not wish to receive telephone solicitations from that seller.
- Calling consumers before 8 a.m. or after 9 p.m. without their prior consent.
- Requesting or receiving payment for loan finder services before the consumer actually receives the promised loan. This is aimed at companies that promise loans, charge a fee, and disappear without producing the loan.
- Requesting payment for helping consumers recover money lost in a prior home solicitation transaction until at least seven days after the consumer recovers the money. This is aimed at so called "recovery room" schemes, which prey on previously victimized consumers.
Wisconsin law also enforces a three-day cooling-off period. A consumer has three business days to consider and cancel a direct marketing sale of $25 or more that occurs away from the seller’s regular place of business. The three-day right to cancel begins after the seller has provided the purchaser a written notice of the right to cancel.
Consumers exercising the right to cancel are advised to send notice by certified mail. Money must be returned within 10 days. If the seller does not pick-up the product in 20 days, the purchaser may keep it.
Direct marketers who violate the rule may receive a civil forfeiture of up to $10,000 or a fine of up to $5,000 and be imprisoned for up to a year. For more information, contact the Division of Consumer Protection at 800-422-7128.
If you have comments on this or any other issue, please contact me at Sen.Lazich@legis.wisconsin.gov,
State Sen. Mary Lazich (R-New Berlin) represents Wisconsin’s 28th Senate District.
