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77. Wisconsin Laws & Ethics

Home Solicitation Selling

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“Home solicitation selling” means the solicitation or offering for sale of insurance where the solicitation or sale is made by an agent at the residence, place of business, or place of employment of the buyer, OR away from the agent’s regular place of business. It includes solicitations made directly or indirectly by telephone, person-to-person contact, or written/printed communication — other than general advertising that indicates an intent to sell insurance at a regular place of business. Wisconsin places specific obligations on agents engaged in home solicitation. At the time of the initial contact or communication with an actual or prospective purchaser, the seller must clearly and expressly disclose:

  • The seller’s name.
  • The name of the business firm or organization represented.
  • A statement that insurance is being sold or solicited.
  • The identity of the insurer, if the solicitation is primarily for a single insurer.
  • The type of insurance being solicited. If the seller receives a check or cash, they must give the buyer a receipt or other document of the transaction that includes the date of the sale, a description of the type of policy applied for, the price paid, the seller’s name, and the name and mailing address of the insurer issuing the policy.

Prohibited Conduct in Home Solicitation Selling

Persons engaging in home solicitation may not:

  • Represent directly or by implication that the seller is making an offer to specially selected persons, unless that representation is true and the specific basis for it is stated at the time the representation is made.
  • Represent that the seller is conducting a survey, test, or research project, or is engaged in a contest or other venture to win a cash award, scholarship, vacation, or prize, when the principal objective is to make an insurance sale or obtain sales prospects.
  • Use any false, deceptive, or misleading representations to induce a sale.
  • Use any plan, scheme, or ruse that misrepresents that the person making the call is selling insurance.
  • Fail to leave the premises promptly when requested to do so.
Sidenote
A pattern to notice

Wisconsin keeps coming back to the same ethical core: be honest about who you are, what you’re doing, and why you’re there. The home solicitation rules are essentially that principle applied to a particular sales channel.

Home Solicitation Selling: Definition

  • Solicitation/sale of insurance at buyer’s residence, workplace, or away from agent’s regular place of business
  • Includes phone, in-person, or written/printed contact
  • Excludes general advertising signaling intent to sell at a regular place of business

Required Disclosures at Initial Contact

  • Seller’s name and name of firm/organization represented
  • Statement that insurance is being sold/solicited
  • Insurer’s identity (if solicitation is primarily for one insurer)
  • Type of insurance being solicited

Receipt Requirements

  • Must provide receipt/document if cash or check received
  • Must include: date of sale, policy type applied for, price paid, seller’s name, insurer’s name and mailing address

Prohibited Conduct

  • Can’t falsely claim buyer was “specially selected” (unless true and basis disclosed)
  • Can’t falsely claim a survey, contest, or research project when real goal is a sale
  • No false, deceptive, or misleading representations to induce sale
  • No scheme disguising true purpose of selling insurance
  • Must leave premises promptly if asked

Key Theme

  • Core principle: honesty about identity, purpose, and intent
  • Home solicitation rules apply this ethical standard to door-to-door/direct sales channel

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Home Solicitation Selling

“Home solicitation selling” means the solicitation or offering for sale of insurance where the solicitation or sale is made by an agent at the residence, place of business, or place of employment of the buyer, OR away from the agent’s regular place of business. It includes solicitations made directly or indirectly by telephone, person-to-person contact, or written/printed communication — other than general advertising that indicates an intent to sell insurance at a regular place of business. Wisconsin places specific obligations on agents engaged in home solicitation. At the time of the initial contact or communication with an actual or prospective purchaser, the seller must clearly and expressly disclose:

  • The seller’s name.
  • The name of the business firm or organization represented.
  • A statement that insurance is being sold or solicited.
  • The identity of the insurer, if the solicitation is primarily for a single insurer.
  • The type of insurance being solicited. If the seller receives a check or cash, they must give the buyer a receipt or other document of the transaction that includes the date of the sale, a description of the type of policy applied for, the price paid, the seller’s name, and the name and mailing address of the insurer issuing the policy.

Prohibited Conduct in Home Solicitation Selling

Persons engaging in home solicitation may not:

  • Represent directly or by implication that the seller is making an offer to specially selected persons, unless that representation is true and the specific basis for it is stated at the time the representation is made.
  • Represent that the seller is conducting a survey, test, or research project, or is engaged in a contest or other venture to win a cash award, scholarship, vacation, or prize, when the principal objective is to make an insurance sale or obtain sales prospects.
  • Use any false, deceptive, or misleading representations to induce a sale.
  • Use any plan, scheme, or ruse that misrepresents that the person making the call is selling insurance.
  • Fail to leave the premises promptly when requested to do so.
Sidenote
A pattern to notice

Wisconsin keeps coming back to the same ethical core: be honest about who you are, what you’re doing, and why you’re there. The home solicitation rules are essentially that principle applied to a particular sales channel.

Key points

Home Solicitation Selling: Definition

  • Solicitation/sale of insurance at buyer’s residence, workplace, or away from agent’s regular place of business
  • Includes phone, in-person, or written/printed contact
  • Excludes general advertising signaling intent to sell at a regular place of business

Required Disclosures at Initial Contact

  • Seller’s name and name of firm/organization represented
  • Statement that insurance is being sold/solicited
  • Insurer’s identity (if solicitation is primarily for one insurer)
  • Type of insurance being solicited

Receipt Requirements

  • Must provide receipt/document if cash or check received
  • Must include: date of sale, policy type applied for, price paid, seller’s name, insurer’s name and mailing address

Prohibited Conduct

  • Can’t falsely claim buyer was “specially selected” (unless true and basis disclosed)
  • Can’t falsely claim a survey, contest, or research project when real goal is a sale
  • No false, deceptive, or misleading representations to induce sale
  • No scheme disguising true purpose of selling insurance
  • Must leave premises promptly if asked

Key Theme

  • Core principle: honesty about identity, purpose, and intent
  • Home solicitation rules apply this ethical standard to door-to-door/direct sales channel

More from Wisconsin Laws & Ethics

  • Who Is an Intermediary?
  • Maintaining Your License
  • License Discipline
  • Ethics — Standards of Professional Conduct
  • Compensation Rules