Is Wisconsin a one-party consent state?

§ 968.31(1) makes it a Class H felony to intentionally intercept a wire, electronic or oral communication. Under § 968.31(2)(c), a person may record a call they are a party to, or one where a party has given prior consent, unless the recording is made to commit a criminal or tortious act or any other injurious act.

Wisconsin's exception is narrower than the federal one. A party may not record to commit 'any other injurious act' (§ 968.31(2)(c)), a phrase Congress removed from the federal statute in 1986.

Wisconsin is a one-party consent state, so the penalty applies to recording a call you are not a party to when no party has consented, or recording to commit a criminal, tortious or injurious act (§ 968.31(2)(c)). That interception is a Class H felony (§ 968.31(1)), punishable by up to 6 years in prison, a fine of up to $10,000, or both (§ 939.50(3)(h)). The person recorded can sue for actual damages but not less than $100 a day or $1,000, whichever is higher, plus punitive damages and attorney fees (§ 968.31(2m)).

Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.

Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.

A telephone solicitor may not use a prerecorded message without the recipient's consent, call numbers with Wisconsin area codes on the national do-not-call registry, or block or falsify caller ID (§ 100.52(4)(a)). A solicitor that has employees or contractors make sales calls to Wisconsin homes must register with the state consumer protection department (§ 100.52(3), (4)(b)).

Before anything beyond a greeting, a seller making a sales call must give the seller's name, the caller's name, that it is selling, and what it is selling (ATCP 127.04). A prerecorded sales message needs the customer's prior signed written agreement, which may be electronic (ATCP 127.83(2)(b)).