Wisconsin Telemarketing and Cold Calling Laws
In Wisconsin, sales calls are allowed 8 a.m.–9 p.m., the National Do Not Call Registry applies, and recording a call needs one party’s consent.
Wisconsin rules next to federal law
| Rule | Wisconsin | Federal baseline |
|---|---|---|
| Calling hours | Sellers may not start a telephone solicitation to a consumer before 8:00 a.m. or after 9:00 p.m. (consumer's local time) without the consumer's prior consent.Wis. Admin. Code ATCP 127.16(3) | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| Call frequency | No numeric limit; sellers may not repeatedly or continuously ring a consumer's phone or engage the consumer in conversation when they know or should know it will annoy, abuse or harass.Wis. Admin. Code ATCP 127.16(2) | No general federal equivalent |
| State do-not-call list | By statute Wisconsin's 'state do-not-call registry' is the Wisconsin-area-code portion of the National Do Not Call Registry; solicitors may not call or text listed numbers (exceptions: calls the recipient requested and calls to current clients), and registered solicitors must download it at least every 31 days. Nonresidential (business) customers can opt out by mail or email notice, which solicitors must honor.Wis. Stat. § 100.52(1)(fm), (4)(a)2.-3., (6)(am); Wis. Admin. Code ATCP 127.82, 127.83(2)(c) | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Autodialer and consent | Prerecorded messages may not be used in telephone solicitations without the recipient's consent; the DATCP rule requires a prior written agreement signed by the customer that includes the number to be called and states that signing is not a condition of purchase. The rule applies to residential and business customers alike.Wis. Stat. § 100.52(4)(a)1.; Wis. Admin. Code ATCP 127.83(2)(b) | Autodialed or prerecorded telemarketing calls to wireless numbers need the called person’s prior express written consent.47 C.F.R. § 64.1200(a)(2) |
| Caller ID | Telephone solicitors may not block caller ID or knowingly send misleading or inaccurate caller ID (the seller's name and a customer-service number that accepts do-not-call requests may be shown), with forfeitures of $100 to $10,000 per violation. Anyone who knowingly spoofs caller ID to defraud or wrongfully obtain anything of value faces the same forfeiture.Wis. Stat. §§ 100.52(4)(a)4.-5., (10)(c); 100.523 | Telemarketers must transmit caller ID with a number that can be called back during business hours.47 C.F.R. § 64.1601(e) |
| Telemarketer registration | Anyone who employs or contracts with individuals to make telephone solicitations to Wisconsin individuals on residential or mobile lines must register annually with DATCP (expires Nov. 30): $700 the first year and $500 after, plus $75 per line if 4 or more lines are used, capped at $20,000, paid in quarterly installments that DATCP may reduce or waive.Wis. Stat. § 100.52(3); Wis. Admin. Code ATCP 127.81 | No general federal equivalent |
| Call recording consent | A party to a call, or a person with one party's prior consent, may record it unless the purpose is a criminal, tortious or other injurious act.Wis. Stat. § 968.31(2)(c) | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | The do-not-call and registration rules protect individuals on residential or mobile lines (not individuals who run a business from home), calls to numbers listed in the current local business telephone directory are not 'telephone solicitations' under the DATCP rule, and the hours rule covers consumer sales only. Business customers still get a mail or email opt-out that solicitors must honor, and the prerecorded-message consent rule.Wis. Stat. § 100.52(1)(d), (f), (4)(a)3.; Wis. Admin. Code ATCP 127.80(4), (10)(e), 127.83(2)(b)-(c) | No general federal equivalent |
Recent changes
- 2025: 2023 Wis. Act 243 took effect April 1, 2025 (first day of the 13th month after its March 28, 2024 publication), adding caller-ID rules for telephone solicitors (no blocking, no misleading caller ID, $100 to $10,000 forfeitures) and a general caller-ID spoofing ban in Wis. Stat. § 100.523.
Calling Wisconsin from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry before each campaign, and honor opt-outs right away.
- If a call may cross into an all-party state, announce the recording anyway.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
Wisconsin calling questions
What are the legal calling hours in Wisconsin?
Sellers may not start a telephone solicitation to a consumer before 8:00 a.m. or after 9:00 p.m. (consumer's local time) without the consumer's prior consent. (Wis. Admin. Code ATCP 127.16(3)). Federal law also limits telephone solicitations to 8 a.m. to 9 p.m. local time.
Does Wisconsin have its own do-not-call list?
By statute Wisconsin's 'state do-not-call registry' is the Wisconsin-area-code portion of the National Do Not Call Registry; solicitors may not call or text listed numbers (exceptions: calls the recipient requested and calls to current clients), and registered solicitors must download it at least every 31 days. Nonresidential (business) customers can opt out by mail or email notice, which solicitors must honor. (Wis. Stat. § 100.52(1)(fm), (4)(a)2.-3., (6)(am); Wis. Admin. Code ATCP 127.82, 127.83(2)(c))
Is Wisconsin a one-party or all-party consent state for recording calls?
A party to a call, or a person with one party's prior consent, may record it unless the purpose is a criminal, tortious or other injurious act. (Wis. Stat. § 968.31(2)(c))
Do Wisconsin telemarketing rules apply to business-to-business calls?
The do-not-call and registration rules protect individuals on residential or mobile lines (not individuals who run a business from home), calls to numbers listed in the current local business telephone directory are not 'telephone solicitations' under the DATCP rule, and the hours rule covers consumer sales only. Business customers still get a mail or email opt-out that solicitors must honor, and the prerecorded-message consent rule. (Wis. Stat. § 100.52(1)(d), (f), (4)(a)3.; Wis. Admin. Code ATCP 127.80(4), (10)(e), 127.83(2)(b)-(c))
Do telemarketers need to register in Wisconsin?
Anyone who employs or contracts with individuals to make telephone solicitations to Wisconsin individuals on residential or mobile lines must register annually with DATCP (expires Nov. 30): $700 the first year and $500 after, plus $75 per line if 4 or more lines are used, capped at $20,000, paid in quarterly installments that DATCP may reduce or waive. (Wis. Stat. § 100.52(3); Wis. Admin. Code ATCP 127.81)
This page summarizes Wisconsin and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.