134.72 Prohibition of certain unsolicited messages by facsimile machine. - Wisconsin Statutes

134.72

134.72 Prohibition of certain unsolicited messages by facsimile machine.

134.72(1)

(1) Definitions. In this section:

134.72(1)(a)

(a) "Facsimile machine" means a machine that transmits copies of documents by means of a telephone line, telegraph line, microwave, satellite, radio wave, fiber optics, coaxial cable or any other transmission facility or any switching device.

134.72(1)(b)

(b) "Facsimile solicitation" means the unsolicited transmission of a document by a facsimile machine for the purpose of encouraging a person to purchase property, goods or services.

134.72(2)

(2) Prohibitions.

134.72(2)(a)

(a) A person may not make a facsimile solicitation without the consent of the person solicited unless all of the following apply:

134.72(2)(a)1.

1. The document transmitted by facsimile machine does not exceed one page in length and is received by the person solicited after 9 p.m. and before 6 a.m.

134.72(2)(a)2.

2. The person making the facsimile solicitation has had a previous business relationship with the person solicited.

134.72(2)(a)3.

3. The document transmitted by facsimile machine contains the name of the person transmitting the document.

134.72(2)(b)

(b) Notwithstanding par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing, by telephone, or by facsimile transmission that the person does not want to receive facsimile solicitation.

134.72(2)(c)

(c) A facsimile solicitor who receives notice under par. (b) may not disclose to another the facsimile transmission number of the person who gave the notice under par. (b). Each disclosure of a facsimile transmission number is a separate violation of this paragraph.

134.72(3)

(3) Territorial application.

134.72(3)(a)

(a) Intrastate. This section applies to any intrastate facsimile solicitation.

134.72(3)(b)

(b) Interstate. This section applies to any interstate facsimile solicitation received by a person in this state.

134.72(4)

(4) Penalty. A person who violates this section may be required to forfeit not more than $500.

134.72 - ANNOT.

History: 1977 c. 301; 1989 a. 336; 1995 a. 351; 1997 a. 27; 2001 a. 16; 2005 a. 61.