Texting laws · Wisconsin
Wisconsin texting laws for businesses
What Wis. Stat. § 100.52 says about a business texting customers in Wisconsin, read from the statute.
Texting laws by stateStatute read October 29, 2026
The law
| Law | Wisconsin telephone solicitation law |
| Citation | Wis. Stat. § 100.52 |
| In force | Last amended by 2023 Wis. Act 243 |
| Covers texts? | Yes, by name. § 100.52(1)(i) defines 'telephone solicitation' as 'the unsolicited initiation of a telephone conversation or text message for the purpose of encouraging the recipient of the telephone call or text message to purchase property, goods or services'. |
| Applies to | Unsolicited calls and texts encouraging a purchase, made by or for a telephone solicitor that employs or contracts with people to make them. |
The rules
| Rule | What the statute says | Section |
|---|---|---|
| State do-not-call registry | No telephone solicitation to a number on the state do-not-call registry, which is 'the portion of the national do-not-call registry that consists of telephone numbers with Wisconsin area codes'. | § 100.52(1)(fm), (4)(a)2. |
| Registration | A telephone solicitor that has employees or contractors solicit Wisconsin residential customers must register with the state consumer protection department and pay fees set by rule. | § 100.52(3), (4)(b)1. |
| Prerecorded messages | No electronically prerecorded message in a telephone solicitation without the recipient's consent. | § 100.52(4)(a)1. |
| Caller ID | No blocking caller ID and no knowingly misleading or inaccurate caller ID. | § 100.52(4)(a)4., 5. |
Texting a customer who contacted you first
- The do-not-call rules do not apply to a solicitation 'made to a recipient in response to the recipient's request for the telephone solicitation', or 'made to a recipient who is a current client of the person selling the property, goods, or services' (§ 100.52(6)(am)).
- The definition itself covers only 'unsolicited' calls and texts, so a message the recipient asked for falls outside it. The statute does not separately address non-sales or job-status texts.
This matters for missed-call text-back, which replies to someone who just called the business. Federal rules and the reply-versus-marketing line are covered in is missed-call text-back legal?
Penalties
A person who violates the section 'may be required to forfeit $100 for each violation'; violations of the do-not-call, prerecorded-message and registration rules carry up to $100 each, and caller-ID violations $100 to $10,000 each (§ 100.52(10)). The section does not create a private lawsuit.
What the statute does not settle
- The legislature's site resets connections from our network, so this page was written from an Internet Archive copy of the official section page captured February 27, 2026. Changes after that date are not reflected.
Questions
Does Wisconsin law cover text messages from businesses?
Yes, by name. § 100.52(1)(i) defines 'telephone solicitation' as 'the unsolicited initiation of a telephone conversation or text message for the purpose of encouraging the recipient of the telephone call or text message to purchase property, goods or services'.
What happens if a business breaks Wisconsin's texting law?
A person who violates the section 'may be required to forfeit $100 for each violation'; violations of the do-not-call, prerecorded-message and registration rules carry up to $100 each, and caller-ID violations $100 to $10,000 each (§ 100.52(10)). The section does not create a private lawsuit.
Can a business text a customer who contacted it first in Wisconsin?
The do-not-call rules do not apply to a solicitation 'made to a recipient in response to the recipient's request for the telephone solicitation', or 'made to a recipient who is a current client of the person selling the property, goods, or services' (§ 100.52(6)(am)). The definition itself covers only 'unsolicited' calls and texts, so a message the recipient asked for falls outside it. The statute does not separately address non-sales or job-status texts.
Sources
Read October 29, 2026. Federal law (the TCPA and FCC rules) applies on top of state law everywhere. This page describes what the statute says. It is general information, not legal advice, and it does not cover your message content or your industry. Talk to a lawyer before relying on it.