196.208 Telecommunications pay-per-call and toll-free services.

680 words·~3 min read·/wi/chapter-196/196-208-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Pay-per-call service” means a telecommunications service that permits simultaneous calling by a large number of callers to a single telephone number and for which the customer is assessed, on a per-call or a per-time-interval basis, a charge that is greater than or in addition to the charge for the transmission of the call. “Pay-per-call service” does not include a directory assistance or conference call service that is offered by a telecommunications utility and does not include a telecommunications service for which the customer charge is dependent on the existence of a presubscription relationship.

(b)“Provider” means a person who furnishes, conducts or offers a pay-per-call service or who holds himself or herself out as engaged in the business of furnishing, conducting or offering a pay-per-call service.

(c)“Toll-free service vendor” means a person who sells goods or services using a telecommunications service that allows calls to be made to a specific location at no charge to the calling party.

(2)Preamble.

1. Except as provided in subd. 2. , a provider shall begin a pay-per-call service with a clear and express preamble that states the cost of the call. The preamble shall disclose all per-call charges. If the call is billed on a usage-sensitive basis, the preamble shall state all rates, by minute or other unit of time, any minimum charges and the total cost for a call to that service if the duration of the call may be determined.

2. A provider is not required to begin a pay-per-call service with a preamble if the service is charged at a flat rate that does not exceed $2.

(b)A preamble shall include the name of the provider and an accurate description of the information, product or service that the caller will receive.

(c)A preamble shall inform the caller that billing will commence only after a specific identified event following the preamble, such as an audible signal tone.

(d)If the pay-per-call service is associated with, aimed at or likely to be of interest to an individual under the age of 18, the preamble shall include a statement that the caller should hang up unless the caller has parental permission.

(e)A provider may offer a caller a means to bypass the preamble on subsequent calls to the pay-per-call service, if the caller is in sole control of that bypass capability. If a provider includes preamble bypass instructions, the instructions shall be given at the end of the preamble or at the end of the pay-per-call service. A provider shall disable preamble bypass capability for 30 days following the date of an increase in any charge for the pay-per-call service.

(f)If a provider complies with federal requirements that specifically apply to a preamble on a pay-per-call service, that compliance shall be considered to be compliance with this subsection.

(3)Billing commencement. If a preamble is required, a provider shall give a caller a reasonable opportunity to disconnect the call before the specific event identified under sub.

(c)that signals the commencement of billing.

(4)Solicitation requirements. If a provider includes an offer of goods or services within the pay-per-call service, all of the following apply:

(a)The provider shall disclose all conditions, restrictions and charges associated with the offer of goods and services during the initial communication with the caller.

(b)The provider may not make any assertion, representation or statement of fact that is false, deceptive or misleading.

(5)Provider charge limits.

(a)If a delayed billing period is required under sub.

(3), a provider may not charge for usage of the pay-per-call service if the caller ends the usage before the specific event identified under sub.

(c)and, if the call is billed on a usage-sensitive basis, may not charge for the time that elapses before the specific event identified under sub.

(c)occurs.

(b)A provider may not charge for time that a caller is placed on hold.

(5p)Toll-free calls answered by prisoners.

(a)In this subsection: