(a) Prohibited Practices. Transient merchants, direct sellers and solicitors shall:
(1) Be prohibited from calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except by appointment; calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning; calling at the rear door of any dwelling place; or remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
(2) Not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any merchandise offered for sale, the purpose of his/her visit, his/her identity or the identity of the organization he/she represents. A charitable organization solicitor shall specifically disclose what portion of the sale price of merchandise being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the merchandise.
(3) Not impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.
(4) Not make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one hundred (I 00) foot radius of the source.
(5) Allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.
(b) Disclosure Requirements.
(1) After the initial greeting and before any other statement is made to a prospective customer, a transient merchant, direct seller or solicitor shall expressly disclose his/her name, the name of the company or organization he/she is affiliated with, if any, and the identity of merchandise or services he/she offers to sell.
(2) If any sale of merchandise is made by a transient merchant, direct seller or solicitor or any sales order for the later delivery of merchandise is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than Twenty-five Dollars ($25.00), in accordance with the procedure as set forth in Sec. 423.203, Wis. Stats.; the seller shall give the buyer two (2) copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of Sections 423.203(l)(a)(b) and (c), (2) and (3), Wis. Stats.
(3) If the transient merchant or direct seller takes a sales order for the later delivery of merchandise, he/she shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, the amount paid in advance, whether full, partial or no advance payment is made, the name, address and telephone number of the seller, the delivery or performance date and whether a guarantee or warranty is provided and, if so, the terms thereof.
(c) Credit Cards.
(1) No transient merchant, direct seller or solicitor may present to or deposit into a credit card system for payment, or cause another another person to present or deposit into a credit card sales draft generated by a direct sale or contribution that is not a sale or contribution by that seller or solicitor to the holder of the credit card.
(2) No transient merchant, direct seller or solicitor may, by means of a business relationship with a merchant, obtain access to a credit card system unless the access is authorized by that merchant's written agreement with the credit card system operator, or with an acquirer registered or authorized by the credit card system operator.
(d) Misrepresentations. No person may employ, solicit or cause a merchant to violate this Section. No transient merchant, direct seller or solicitor may do any of the following, directly or by implication, in contacting a person for purpose of solicitation or sales:
(1) Misrepresent the transient merchant's, direct seller's or solicitor's identity, affiliation, location or characteristics.
(2) Misrepresent the nature, purpose, or intended length of a direct sale or solicitation.
(3) Misrepresent the terms of the transaction or solicitation, or any document related to that transaction or solicitation.
(4) Misrepresent the cost of the goods or services offered or promoted by the direct seller or transient merchant, or fail to disclose the material cost payable by the consumer.
(5) Misrepresnt the nature, quantity, material characteristics, performance or efficiency of the goods or services offered or promoted by the transient merchant or direct seller.
(6) Misrepresent or fail to disclose restrictions, limitations or conditions on the purchase, receipt, use or return of the goods or services offered or promoted by the direct seller or transient merchant.
(7) Misrepresent the material terms of a direct seller/transient merchant refund, cancellation, exchange, repurchase or warranties policies.
(8) Misrepresent that the direct seller/transient merchant is offering consumer goods or services free of charge or at a reduced price.
(9) Misrepresent that the direct seller/transient merchant/solicitor is affiliated with any governmental or third-party organization or association.
(10) Misrepresent any aspect of a personal investment opportunity offered to the customer, including any aspect such as risk liquidity, earnings potential or profitability.
(11) Represent that the transient merchant/direct seller has specially selected the customer unless such representation is true and the transient merchant/direct seller discloses to the consumer the specific basis on which the transient merchant/direct seller makes the representation.
(12) Represent that the direct seller or transient merchant is conducting a special sales promotion, is making a special limited offer to a few persons, is making a special offer for a limited period of time, or is authorized to place the offered foods or services in a limited number of residences unless the representation is true and the direct seller/transient merchant concurrently discloses to the consumer the specific basis on which the representation is made.
(13) Represent that the direct seller/transient merchant is participating in a contest or conducting a survey unless such representation is accurate.
(14) Fail to disclose, in connection with any purported offer of free goods or services in a direct sale, any cost which the consumer must incur and any and all conditions which the consumer must meet in order to receive those free goods or services.
(15) Make any false, deceptive or misleading representation to the customer.