Okla. Stat. tit. 15, § 15-32 — OK Code / Title 15 / Section 15-32
Definitions
Status: in_force

As used in this act:

(1) "person" means individual, corporation, government or

governmental subdivision or agency, business trust, estate, trust,

partnership or association, or any other legal entity;

(2) "educational institution" means any university, college,

community college, junior college, high school, technical,

vocational or professional school, wherever located, approved or

accredited by that officer, department, board, agency or other

official entity of this state, authorized under law to approve or to

accredit for educational purposes that particular type of

university, college, school or institution of learning, or, in the

absence, as to the particular type of institution, of any such

officer, department, board, agency or other official entity, by the

State Board of Education, for the purposes of this act, or by the

appropriate official, department or agency of the state in which the

institution is located; and

(3) "educational loan" means a loan or assistance for the

purpose of directly furthering the obligor's education at an

educational institution.
Okla. Stat. tit. 15, § 15-598.7 — OK Code / Title 15 / Section 15-598.7
Meeting competitor's prices
Status: in_force

Any retailer or wholesaler may advertise, offer to sell, or sell

merchandise at a price made in good faith to meet the price of a

competitor who is selling the same article or products of comparable

quality at cost to such wholesaler or retailer. The price of

merchandise advertised, offered for sale or sold under the

exemptions specified in Section 598.6 of this title, shall not be

Oklahoma Statutes - Title 15. Contracts Page 119

considered the price of a competitor and shall not be used as a

basis for establishing prices below cost, nor shall the price

established at a bankrupt sale be considered the price of a

competitor within the purview of the first sentence of this section.
Okla. Stat. tit. 15, § 15-55 — OK Code / Title 15 / Section 15-55
Duress defined
Status: in_force

Duress consists in:

1. Unlawful confinement of the person of the party, or of

husband or wife of such party, or of an ancestor, descendant, or

adopted child of such party, husband or wife.

2. Unlawful detention of the property of any such person; or,

3. Confinement of such person, lawful in form, but fraudulently

obtained, or fraudulently made unjustly, harassing or oppressive.

Oklahoma Statutes - Title 15. Contracts Page 16
Okla. Stat. tit. 15, § 15-178 — OK Code / Title 15 / Section 15-178
Contracts of designating former spouse as beneficiary or
Status: in_force

providing death benefits - Effect of divorce or annulment.

A. If, after entering into a written contract in which a

beneficiary is designated or provision is made for the payment of

any death benefit (including life insurance contracts, annuities,

retirement arrangements, compensation agreements, depository

agreements, security registrations, and other contracts designating

a beneficiary of any right, property, or money in the form of a

death benefit), the party to the contract with the power to

designate the beneficiary or to make provision for payment of any

death benefit dies after being divorced from the person designated

as the beneficiary or named to receive such death benefit, all

provisions in the contract in favor of the decedent's former spouse

are thereby revoked. Annulment of the marriage shall have the same

effect as a divorce. In the event of either divorce or annulment,

the decedent's former spouse shall be treated for all purposes under

the contract as having predeceased the decedent.

B. Subsection A of this section shall not apply:

1. If the decree of divorce or annulment is vacated;

2. If the decedent had remarried the former spouse and was

married to said spouse at the time of the decedent's death;

3. If the decree of divorce or annulment contains a provision

expressing an intention contrary to subsection A of this section;

4. If the decedent makes the contract subsequent to the divorce

or annulment;

5. To the extent, if any, the contract contains a provision

expressing an intention contrary to subsection A of this section; or

6. If the decedent renames the former spouse as the beneficiary

or as the person or persons to whom payment of a death benefit is to

be made in a writing delivered to the payor of the benefit prior to

the death of the decedent and subsequent to the divorce or

annulment.

Oklahoma Statutes - Title 15. Contracts Page 63

C. For purposes of subsection A of this section, "death

benefit" shall not include:

1. Any interest in property in which the decedent's former

spouse has an interest as a joint tenant; or

2. Any interest in property in which the decedent's former

spouse has a beneficial interest in an express trust created by the

decedent during the decedent's lifetime for which provision is made

in Section 175 of Title 60 of the Oklahoma Statutes.

D. This section shall apply to any contract of a decedent made

and entered into on or after November 1, 1987 and to depository

agreements and security registrations made and entered into on or

after September 1, 1994.Oklahoma Statutes - Title 15. Contracts Page 3
Okla. Stat. tit. 15, § 15-242 — OK Code / Title 15 / Section 15-242
Demand for thing unlawfully obtained unnecessary -
Status: in_force

Exceptions.

The restoration required by the last section must be made

without demand; except where a thing is obtained by mutual mistake,

in which case the party obtaining the thing is not bound to return

it until he has notice of the mistake.
Okla. Stat. tit. 15, § 15-775C.1 — OK Code / Title 15 / Section 15-775C.1
Short title - Telephone Solicitation Act of 2022
Status: in_force

This act shall be known and may be cited as the "Telephone

Solicitation Act of 2022".
Okla. Stat. tit. 15, § 15-171 — OK Code / Title 15 / Section 15-171
Reasonable stipulations implied
Status: in_force

Stipulations which are necessary to make a contract reasonable

or conformable to usage, are implied in respect to matters

concerning which the contract manifests no contrary intention.
Okla. Stat. tit. 15, § 15-761.1 — OK Code / Title 15 / Section 15-761.1
Liability under Consumer Protection Act
Status: in_force

A. The commission of any act or practice declared to be a

violation of the Consumer Protection Act shall render the violator

liable to the aggrieved consumer for the payment of actual damages

sustained by the customer and costs of litigation including

Oklahoma Statutes - Title 15. Contracts Page 148

reasonable attorney's fees, and the aggrieved consumer shall have a

private right of action for damages, including but not limited to,

costs and attorney's fees. In any private action for damages for a

violation of the Consumer Protection Act the court shall, subsequent

to adjudication on the merits and upon motion of the prevailing

party, determine whether a claim or defense asserted in the action

by a nonprevailing party was asserted in bad faith, was not well

grounded in fact, or was unwarranted by existing law or a good faith

argument for the extension, modification, or reversal of existing

law. Upon so finding, the court shall enter a judgment ordering

such nonprevailing party to reimburse the prevailing party an amount

not to exceed Ten Thousand Dollars ($10,000.00) for reasonable

costs, including attorney's fees, incurred with respect to such

claim or defense.

B. The commission of any act or practice declared to be a

violation of the Consumer Protection Act, if such act or practice is

also found to be unconscionable, shall render the violator liable to

the aggrieved customer for the payment of a civil penalty,

recoverable in an individual action only, in a sum set by the court

of not more than Two Thousand Dollars ($2,000.00) for each

violation. In determining whether an act or practice is

unconscionable the following circumstances shall be taken into

consideration by the court: (1) whether the violator knowingly or

with reason to know, took advantage of a consumer reasonably unable

to protect his or her interests because of his or her age, physical

infirmity, ignorance, illiteracy, inability to understand the

language of an agreement or similar factor; (2) whether, at the time

the consumer transaction was entered into, the violator knew or had

reason to know that price grossly exceeded the price at which

similar property or services were readily obtainable in similar

transactions by like consumers; (3) whether, at the time the

consumer transaction was entered into, the violator knew or had

reason to know that there was no reasonable probability of payment

of the obligation in full by the consumer; (4) whether the violator

knew or had reason to know that the transaction he or she induced

the consumer to enter into was excessively one-sided in favor of the

violator.

C. Any person who is found to be in violation of the Oklahoma

Consumer Protection Act in a civil action or who willfully violates

the terms of any injunction or court order issued pursuant to the

Consumer Protection Act shall forfeit and pay a civil penalty of not

more than Ten Thousand Dollars ($10,000.00) per violation, in

addition to other penalties that may be imposed by the court, as the

court shall deem necessary and proper. For the purposes of this

section, the district court issuing an injunction shall retain

jurisdiction, and in such cases, the Attorney General, acting in the

Oklahoma Statutes - Title 15. Contracts Page 149

name of the state, or a district attorney may petition for recovery

of civil penalties.

D. In administering and pursuing actions under this act, the

Attorney General and a district attorney are authorized to sue for

and collect reasonable expenses, attorney's fees, and investigation

fees as determined by the court. Civil penalties or contempt

penalties sued for and recovered by the Attorney General or a

district attorney shall be used for the furtherance of their duties

and activities under the Consumer Protection Act.

E. In addition to other penalties imposed by the Oklahoma

Consumer Protection Act, any person convicted in a criminal

proceeding of violating the Oklahoma Consumer Protection Act shall

be guilty of a D1 felony offense and shall be subject to

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or a fine not to exceed

Five Thousand Dollars ($5,000.00), or both such fine and

imprisonment.
Okla. Stat. tit. 15, § 15-956 — OK Code / Title 15 / Section 15-956
Violations - Enforcement
Status: in_force

Any violation of this act shall be subject to and enforced

through the unfair trade practices provisions of Article 12 of Title

36 of the Oklahoma Statutes.
Okla. Stat. tit. 15, § 15-140.5 — OK Code / Title 15 / Section 15-140.5
Vehicle value protection agreements
Status: in_force

A. As used in this section:

Oklahoma Statutes - Title 15. Contracts Page 29

1. “Administrator” means the person who may be responsible for

the administrative or operational function of vehicle value

protection agreements including, but not limited to, the

adjudication of claims or benefits requested by contract holders;

2. “Contract holder” means a person who is the purchaser or

holder of a vehicle value protection agreement;

3. “Provider” means a person that is obligated to provide a

benefit under a vehicle value protection agreement. A provider may

perform as an administrator or retain the services of a third-party

administrator; and

4. “Vehicle value protection agreement” means a contractual

agreement that provides a benefit towards either the reduction of

some or all of the contract holder’s current finance agreement

deficiency balance, or towards the purchase or lease of a

replacement motor vehicle or motor vehicle services, upon the

occurrence of an adverse event to the motor vehicle including, but

not limited to, loss, theft, damage, obsolescence, diminished value,

or depreciation. These agreements do not include debt waivers.

These agreements may include, but not be limited to, trade-in-credit

agreements, diminished value agreements, depreciation benefit

agreements, or other similarly named agreements.

B. 1. No administrator or provider operating as an

administrator shall perform or engage in any administrative or

operational functions of vehicle value protection agreements without

first registering with the Insurance Department. Registration shall

be renewed annually by July 15 of each calendar year. All

registrations shall be filed and fees shall be paid electronically

in the manner and form prescribed by the Insurance Commissioner.

2. An administrator or a provider operating as an administrator

shall electronically file an updated registration within thirty (30)

days of any change of name, address, or email address.

3. Every administrator and provider, upon receipt of any

inquiry from the Commissioner, shall furnish the Commissioner with

an adequate response to the inquiry within twenty (20) days from the

date of receipt of the inquiry.

C. Requirements for offering vehicle value protection

agreements:

1. A provider may utilize an administrator or other designee to

be responsible for any and all of the administration of vehicle

value protection agreements in compliance with Section 140.2 et seq.

of this title;

2. Vehicle value protection agreements shall not be sold unless

the contract holder has been or will be provided access to a copy of

that vehicle value protection agreement;

3. In order to assure the faithful performance of the

provider’s obligations to its contract holders, each provider shall

Oklahoma Statutes - Title 15. Contracts Page 30

be responsible for complying with the requirements of one of the

following:

a. insure all of its vehicle value protection agreements

under an insurance policy that covers one hundred

percent (100%) of its claim exposure, satisfies the

requirements of this act, and contains the following

provision: “In the event the provider is unable to

fulfill its obligations under vehicle value protection

agreements issued in this state for any reason

including insolvency, bankruptcy, or dissolution, the

insurer will pay any losses and unearned fees to the

person making a claim under such agreement.” The

insurance policy shall be issued by an insurer

licensed, registered, or otherwise authorized to do

business in this state either:

(1) at the time the policy is filed with the

Insurance Commissioner, and continuously

thereafter, (i) maintain surplus as to

policyholders and paid-in capital no less than

Fifteen Million Dollars ($15,000,000.00) and (ii)

annually file copies of the insurer’s financial

statements, its National Association of Insurance

Commissioners (NAIC) Annual Statement, and the

actuarial certification required by and filed in

the insurer’s state of domicile, or

(2) at the time the policy is filed with the

Commissioner, and continuously thereafter, (i)

maintain surplus as to policyholders and paid-in

capital of less than Fifteen Million Dollars

($15,000,000.00) but at least equal to Ten

Million Dollars ($10,000,000.00), (ii)

demonstrate to the satisfaction of the

Commissioner that the company maintains a ratio

of net written premiums, wherever written, to

surplus as to policyholders and paid-in capital

of not greater than 3 to 1, and (iii) annually

file copies of the insurer’s audited financial

statements, its NAIC Annual Statement, and the

actuarial certification required by and filed in

the insurer’s state of domicile,

b. (1) maintain a funded reserve account for its

obligations under its contracts issued and

outstanding in this state. The reserves shall

not be less than forty percent (40%) of gross

considerations received, less claims paid, on the

sale of the vehicle value protection agreement

for all in-force contracts. The reserve account

Oklahoma Statutes - Title 15. Contracts Page 31

shall be subject to examination and review by the

Commissioner, and

(2) place in trust with the Commissioner a financial

security deposit, having a value not less than

five percent (5%) of the gross consideration

received, less claims paid, on the sale of the

vehicle value protection agreements for all

vehicle value protection agreements issued and in

force, but not less than Twenty-five Thousand

Dollars ($25,000.00), consisting of the

following:

(a) a surety bond issued by an authorized

surety,

(b) securities of the type eligible for deposit

by authorized insurers in this state,

(c) a letter of credit issued by a qualified

financial institution, or

(d) another form of security prescribed by

regulations issued by the Commissioner, or

c. (1) maintain, or together with its parent company

maintain, a net worth or stockholders’ equity of

One Hundred Million Dollars ($100,000,000.00),

and

(2) upon request, provide the Commissioner with a

copy of the provider’s or the provider’s parent

company’s most recent Form 10-K or Form 20-F

filed with the Securities and Exchange Commission

(SEC) within the last calendar year, or if the

company does not file with the SEC, a copy of the

company’s audited financial statements, which

shows a net worth of the provider or its parent

company of at least One Hundred Million Dollars

($100,000,000.00). If the provider’s parent

company’s Form 10-K, Form 20-F, or financial

statements are filed to meet the provider’s

financial security requirement, then the parent

company shall agree to guarantee the obligations

of the provider relating to the vehicle value

protection agreements sold by the provider in

this state; and

4. Except for the requirements in paragraph 3 of subsection C

of this section, no other financial security requirements shall be

required for vehicle value protection agreement providers.

D. Vehicle value protection agreements shall disclose in

writing and in clear, understandable language the following:

1. The name and address of the provider, contract holder, and

administrator, if any;

Oklahoma Statutes - Title 15. Contracts Page 32

2. The terms of the vehicle value protection agreement

including without limitation, the purchase price to be paid by the

contract holder, the requirements for eligibility, conditions of

coverage, or exclusions;

3. That the vehicle value protection agreement may be canceled

by the contract holder within a free look period as specified in the

vehicle value protection agreement, and in such an event, the

contract holder shall be entitled to a full refund of the purchase

price paid by the contract holder, if any, as long as no benefits

have been provided;

4. The procedure the contract holder shall follow, if any, to

obtain a benefit under the terms and conditions of the vehicle value

protection agreement including, if applicable, a telephone number or

website and address where the contract holder may apply for a

benefit;

5. Whether or not the vehicle value protection agreement is

cancelable after the free look period and the conditions under which

it may be canceled including the procedures for requesting any

refund of the unearned purchase price paid by the contract holder;

6. In the event of cancelation, the methodology for calculating

any refund of the unearned purchase price of the vehicle value

protection agreement due;

7. That neither the extension of credit, the terms of the

credit, nor the terms of the related motor vehicle sale or lease may

be conditioned upon the purchase of the vehicle value protection

agreement; and

8. Vehicle value protection agreements shall state the terms

and restrictions, or conditions governing cancelation of the vehicle

value protection agreement prior to the termination or expiration

date of the vehicle value protection agreement by either the

provider or the contract holder. The provider of the vehicle value

protection agreement shall mail a written notice to the contract

holder at the last known address of the contract holder contained in

the records of the provider at least five (5) days prior to

cancelation by the provider. Prior notice shall not be required if

the reason for cancelation is nonpayment of the provider fee, a

material misrepresentation by the contract holder to the provider or

administrator, or a substantial breach of duties by the contract

holder relating to the covered product or its use. The notice shall

state the effective date of cancelation and the reason for the

cancelation. If a vehicle value protection agreement is canceled by

the provider for a reason other than nonpayment of the provider fee,

the provider shall refund the contract holder one hundred percent

(100%) of the unearned pro rata provider fee paid by the contract

holder, if any. If coverage under the vehicle value protection

agreement continues after a claim, then any refund may deduct claims

Oklahoma Statutes - Title 15. Contracts Page 33

paid. A reasonable administrative fee may be charged by the

provider not to exceed Seventy-five Dollars ($75.00).

E. Subsection D of this section and Section 140.6 of this title

shall not apply to vehicle value protection agreements offered in

connection with a commercial transaction.
Okla. Stat. tit. 15, § 15-141.30 — OK Code / Title 15 / Section 15-141.30
Violations of act - Injunctive relief
Status: in_force

In addition to the penalties and other enforcement provisions of

the Service Warranty Act, if any person violates any provision of

Section 4 or Section 18 of this act or any rule adopted pursuant

thereto, the Insurance Commissioner may resort to a proceeding for

injunction in the district court of the county where such person

resides or has its principal place of business, and therein apply

for such temporary and permanent orders as the Commissioner may deem

necessary to restrain the applicable person from engaging in any

such activities, until such person has complied with the applicable

provision or rule.
Okla. Stat. tit. 15, § 15-457 — OK Code / Title 15 / Section 15-457
Sale of perishing thing
Status: in_force

If a thing bailed is in actual danger of perishing before

instructions can be obtained from the bailor, the bailee may sell it

for the best price obtainable, and retain the proceeds as a

bailment, giving immediate notice of his proceedings to the bailor.
Okla. Stat. tit. 15, § 15-18 — OK Code / Title 15 / Section 15-18
Contracts which minor may make
Status: in_force

A minor may make any other contract than as above specified in

the same manner as an adult, subject only to his power of

disaffirmance under the provisions of this chapter.
Okla. Stat. tit. 15, § 15-785 — OK Code / Title 15 / Section 15-785
Requirements for instituting third party prescription
Status: in_force

programs.

A. No new third party prescription programs shall be instituted

in this state unless:

1. The administrator of the program has given written notice of

the provisions of the particular program to all pharmacies in this

state;

2. All pharmacies in this state have had the opportunity to

enroll in that particular program; and

3. Any newly established pharmacy shall be given the

opportunity to enroll in any existing third party prescription

program in this state.

B. Any agreement or contract entered into in this state between

the administrator of a third party prescription program and a

pharmacy shall include a statement of:

1. The method and amount of reimbursement to the pharmacy for

goods and services rendered to persons enrolled in the program;

2. The frequency of payment by the administrator to the

pharmacy for such goods and services rendered; and

3. The method for the adjudication of complaints or the

settlement of dispute between the parties.

C. Any contracts for prescription services already existing on

June 30, 1983, shall be allowed to remain in effect until June 30,

1984, at which time the contract shall be renegotiated pursuant to

the provisions of this act.
Okla. Stat. tit. 15, § 15-140.3 — OK Code / Title 15 / Section 15-140.3
Motor vehicle financial protection products
Status: in_force

A. Motor vehicle financial protection products may be offered,

sold, or given to consumers in this state in compliance with this

act.

B. Notwithstanding any other provision of law, any amount

charged or financed for a motor vehicle financial protection product

is an authorized charge that must be separately stated and not be

considered a financial charge or interest.

C. Neither the extension of credit, the terms of credit, nor

the terms of the related motor vehicle sale or lease shall be

conditioned upon the consumer's payment for or financing of any

charge for a motor vehicle financial protection product. However,

motor vehicle financial protection products may be discounted or

given at no charge in connection with the purchase of other non-

credit related goods or services.
Okla. Stat. tit. 15, § 15-955 — OK Code / Title 15 / Section 15-955
Use of non-original equipment manufacturer aftermarket
Status: in_force

crash parts - Identification of parts - Disclosure to insured.

No insurer shall specify the use of non-original equipment

manufacturer aftermarket crash parts in the repair of an insured's

motor vehicle, nor shall a repair facility or installer use non-

original equipment manufacturer aftermarket crash parts to repair a

vehicle, unless the consumer is advised in writing. In all

instances where non-original equipment manufacturer aftermarket

crash parts are intended for use by an insurer:

1. the written estimate shall clearly identify each such part;

and

2. a disclosure document containing substantially the following

information in ten-point type or larger type shall appear on or be

attached to the insured's copy of the estimate: "This estimate has

been prepared based on the use of crash parts supplied by a source

other than the manufacturer of your motor vehicle. Warranties

applicable to these replacement parts are provided by the

manufacturer or distributor of these parts rather than the

manufacturer of your vehicle."
Okla. Stat. tit. 15, § 15-508 — OK Code / Title 15 / Section 15-508
Ejection of guests
Status: in_force

A. An innkeeper may eject a person from the lodging

establishment premises for any of the following:

1. Nonpayment of the lodging establishment charges for

accommodations or services;

2. The individual is disorderly or visibly intoxicated, so as

to create a public nuisance;

3. The innkeeper reasonably believes that the individual is

using the premises for unlawful purposes including, but not limited

to, the unlawful use or possession of controlled substances or for

the consumption of alcohol by any person under the age of twenty-one

(21) years in violation of any statute, ordinance or regulation;

4. Violations of any federal, state or local laws or

regulations relating to the lodging establishment; or

5. Violations of any rule of the lodging establishment which is

posted in a conspicuous place and manner in the lodging

establishment, however, no such rule may authorize the innkeeper to

eject or to refuse or deny service or accommodations to a person

because of race, creed, color, national origin, sex, disability or

marital status.

B. After an innkeeper informs a person that he or she is being

ejected for a reason stated in subsection A of this section the

person is now considered a trespasser and not a guest of the lodging

establishment. If the person fails to vacate the lodging

establishment after being told of his or her ejection by the

innkeeper, the person shall be removed from the lodging

establishment by law enforcement for trespassing pursuant to Section

1835 of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 15, § 15-599.10 — OK Code / Title 15 / Section 15-599.10
Renumbered as Title 68, § 335 by Laws 1981, c. 211, §
Status: in_force

7, emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-140.4 — OK Code / Title 15 / Section 15-140.4
Debt waiver obligations – Contractual liability
Status: in_force

policies.

A. As used in this section:

1. “Administrator” means a person, other than an insurer or

creditor that performs administrative or operational functions

pursuant to debt waiver programs;

2. “Borrower” means a debtor, retail buyer, or lessee, under a

finance agreement;

3. “Creditor” means:

a. the lender in a loan or credit transaction,

b. the lessor in a lease transaction,

c. any retail seller of motor vehicles,

d. the seller in commercial retail installment

transactions, or

e. the assignees of any of the foregoing to whom the

credit obligation is payable; and

4. “Debt waiver” includes, but is not limited to:

a. “guaranteed asset protection waivers” or “GAP waivers”

means a contractual agreement wherein a creditor

agrees, with or without a separate charge, to cancel

or waive all or part of amounts due on a borrower’s

financial agreement in the event of a total physical

damage loss or unrecovered theft of the motor vehicle,

which an agreement shall be part of, or as a separate

addendum to, the financial agreement. A GAP waiver

may also provide, with or without a separate charge, a

benefit that waives an amount or provides a borrower

with a credit towards the purchase of a replacement

motor vehicle,

Oklahoma Statutes - Title 15. Contracts Page 26

b. “excess wear and use waiver” means a contractual

agreement wherein a creditor agrees, with or without a

separate charge, to cancel or waive all or part of

amounts that may become due under a borrower’s lease

agreement as a result of excessive wear and use of a

motor vehicle, which an agreement shall be part of, or

as a separate addendum to, the lease agreement.

Excess wear and use waivers may also cancel or waive

amounts due for excess mileage, and

c. other products as approved by the Insurance

Commissioner.

B. 1. No administrator or creditor operating as an

administrator shall perform or engage in any administrative or

operational functions of a debt waiver program without first

registering with the Insurance Department. Registration shall be

renewed annually by July 15 of each calendar year. All

registrations shall be filed and fees shall be paid electronically

in the manner and form prescribed by the Commissioner.

2. An administrator or a creditor operating as an administrator

shall electronically file an updated registration within thirty (30)

days of any change of name, address, or email address.

3. Every administrator or creditor, upon receipt of any inquiry

from the Commissioner, shall furnish the Commissioner with an

adequate response to the inquiry within twenty (20) days from the

date of receipt of the inquiry.

C. As required for offering debt waivers:

1. A retail seller shall insure its debt waiver obligations

under a contractual liability or other insurance policy issued by an

insurer. A creditor other than retail sellers may insure its debt

waiver obligations under a contractual liability policy or other

such policy issued by an insurer. Any such insurance policy may be

directly obtained by a creditor or retail seller or may be obtained

by an administrator to cover a creditor’s or retail seller’s

obligations. However, retail sellers that are lessors on motor

vehicles are not required to insure obligations related to debt

waivers on such leased motor vehicles;

2. The debt waiver remains a part of the finance agreement upon

the assignment, sale, or transfer of such finance agreement by the

creditor;

3. Any creditor that offers a debt waiver shall report the sale

of, and subsequently forward the funds due to, the designated party

or parties; and

4. Funds received or held by a creditor or administrator that

belong to an insurer, creditor, or administrator shall be held by

such creditor or administrator in a fiduciary capacity.

D. Contractual Liability or Other Insurance Policies.

Oklahoma Statutes - Title 15. Contracts Page 27

1. Contractual liability or other insurance policies insuring

debt waivers shall state the obligation of the insurer to reimburse

or pay to the creditor any sums the creditor is legally obligated to

waive under a debt waiver.

2. Coverage under a contractual liability or other insurance

policy insuring a debt waiver shall also cover any subsequent

assignee upon the assignment, sale, or transfer of the finance

agreement.

3. Coverage under a contractual liability or other insurance

policy insuring a debt waiver shall remain in effect unless canceled

or terminated in compliance with applicable insurance laws of this

state.

4. The cancelation or termination of a contractual liability or

other insurance policy shall not reduce the insurer’s responsibility

for debt waivers issued by the creditor prior to the date of

cancelation or termination and for which the premium has been

received by the insurer.

E. Debt waivers shall disclose in writing and in clear,

understandable language the following:

1. The name and address of the initial creditor and the

borrower at the time of sale and identity of any administrator if

different from the creditor;

2. The purchase price, if any, and the terms of the debt waiver

including without limitation, the requirements of protection,

conditions, or exclusions associated with the debt waiver;

3. That the borrower may cancel the debt waiver within a free

look period, as specified in the debt waiver, and will be entitled

to a full refund of the purchase price paid by the borrower, if any,

as long as no benefits have been provided;

4. The procedures the borrower shall follow, if any, to obtain

debt waiver benefits under the terms and conditions of the debt

waiver including, if applicable, a telephone number or website and

address where the borrower may apply for debt waiver benefits;

5. Whether or not the debt waiver may be canceled after the

free look period and the conditions under which it may be canceled

or terminated including the procedures for requesting any refund of

amounts paid;

6. That in order to receive any refund due in the event of a

borrower’s cancelation of the debt waiver, the borrower, in

accordance with the term of the debt waiver, shall provide a written

request to cancel to the creditor, administrator, or other such

party. If the cancelation of a debt waiver is due to an early

termination of the finance agreement and no benefit has been or will

be provided, then the borrower, in accordance with the terms of the

debt waiver, shall provide a written request to cancel to the

creditor or administrator within ninety (90) days of the occurrence

of the event terminating the finance agreement;

Oklahoma Statutes - Title 15. Contracts Page 28

7. The methodology for calculating any refund of the unearned

purchase price of the debt waiver, if any, shall be due in the event

of cancelation of the debt waiver or early termination of a finance

agreement; and

8. That neither the extension of credit, the terms of the

credit, nor the terms of the related motor vehicle sale or lease,

may be conditioned upon the borrower’s purchase of a debt waiver.

F. Cancelation.

1. Debt waiver agreements may be cancelable or non-cancelable

following the free look period. Debt waivers shall provide the

borrower, if a borrower cancels a debt waiver within the free look

period, a full refund of the amount the borrower paid, if any, as

long as no benefits have been provided.

2. In the event of a borrower’s cancelation of the debt waiver

or upon the early termination of the finance agreement after the

debt waiver has been in effect beyond the free look period, the

borrower may be entitled to a refund of the amount the borrower paid

of the unearned portion of the purchase price, if any, minus a

cancelation fee not to exceed Seventy-five Dollars ($75.00), if no

benefit has been or will be provided. In order to receive any

refund due in the event of a borrower’s cancellation of the debt

waiver, the borrower shall provide a written request to cancel, in

accordance with the terms of the debt waiver, to the creditor or

administrator. If the cancelation is due to the early termination

of the finance agreement, then the borrower, in accordance with the

terms of the debt waiver, shall provide a written request to cancel

to the creditor or administrator within ninety (90) days of the

occurrence of the event terminating the finance agreement.

3. If the cancelation of a debt waiver occurs as a result of a

default under the finance agreement or the repossession of the motor

vehicle associated with the finance agreement, or any other

termination of the finance agreement, any refund due may be paid

directly to the creditor or administrator, unless the borrower can

show that the finance agreement has been paid in full.

G. Exempt Transactions.

1. Debt waivers offered by state or federal banks or credit

unions in compliance with the applicable state or federal law are

exempt from Section 140.2 et seq. of this title.

2. Subsection E of this section and Section 140.6 of this title

shall not apply to debt waivers offered in connection with

commercial transactions.
Okla. Stat. tit. 15, § 15-234 — OK Code / Title 15 / Section 15-234
Stipulation as to errors of description as affecting
Status: in_force

rescission.

A stipulation that errors of description shall not avoid a

contract, or shall be the subject of compensation, or both, does not

take away the right of rescission for fraud, nor for mistake, where

such mistake is in a matter essential to the inducement of the

contract, and is not capable of exact and entire compensation.
Okla. Stat. tit. 15, § 15-103 — OK Code / Title 15 / Section 15-103
Possibility defined
Status: in_force

Everything is deemed possible except that which is impossible in

the nature of things.
Okla. Stat. tit. 15, § 15-453 — OK Code / Title 15 / Section 15-453
Bailor must be indemnified for damages
Status: in_force

A bailor must indemnify the bailee:

First. For all damage caused to him by the defects or vices of

the thing bailed; and,

Second. For all expenses necessarily incurred by him about the

thing, other than such as are involved in the nature of the

undertaking.
Okla. Stat. tit. 15, § 15-245A.5 — OK Code / Title 15 / Section 15-245A.5
Dealer warranty claims
Status: in_force

A. If a dealer submits a warranty claim to a supplier while the

dealer agreement is in effect or within sixty (60) days after the

termination of the dealer agreement, if the claim is for work

performed before the termination or expiration of the dealer

agreement, the supplier must accept or reject such warranty claim by

written notice to the dealer within forty-five (45) days after the

supplier’s receipt thereof. If the supplier does not reject the

warranty claim in the time period specified above, the claim will be

deemed to be accepted. If the supplier accepts the warranty claim,

the supplier must pay or credit to the dealer’s account all amounts

owed with respect to the claim to the dealer within thirty (30) days

after it is accepted. If the supplier rejects a warranty claim, the

supplier must give the dealer written or electronic notice of the

grounds for rejection, which reasons must be consistent with the

supplier’s reasons for rejecting warranty claims of other dealers,

both in their terms and manner of enforcement. If no grounds for

rejection are given, the claim will be deemed to be accepted.

B. Any claim which is disapproved by the supplier based upon

the dealer’s failure to properly follow the procedural or technical

requirements for submission of warranty claims may be resubmitted in

proper form by the dealer within thirty (30) days of receipt by the

dealer of the supplier’s notification of the disapproval.

C. Warranty work performed by the dealer shall be compensated

in accordance with the reasonable and customary amount of time

required to complete the work, expressed in hours and fractions

thereof multiplied by the dealer’s established customer hourly

retail labor rate for non-warranty repair work, which shall have

previously been made known to the supplier. Parts used in warranty

repair work shall be reimbursed at the current net parts cost plus

fifteen percent (15%).

D. For purposes of the Fair Practices of Equipment

Manufacturers, Distributors, Wholesalers and Dealers Act, any repair

work or installation of replacement parts performed with respect to

the dealer’s equipment in inventory or equipment of the dealer’s

customers at the request of the supplier, including work performed

pursuant to a product improvement program (PIP), will be deemed to

Oklahoma Statutes - Title 15. Contracts Page 82

create a warranty claim for which the dealer shall be paid pursuant

to this section.

E. A supplier may audit warranty claims submitted by its

dealers for a period of up to one (1) year following payment of the

claims, and may charge back to its dealers any amounts paid based

upon claims shown by audit to be misrepresented. If a warranty

claim is misrepresented, then warranty claims submitted within the

three-year period ending with the date a claim is shown by audit to

be misrepresented may be audited.

F. The requirements of subsections A, B and C of this section

apply to all warranty claims submitted by a dealer to a supplier in

which the dealer has complied with the supplier’s reasonable

policies and procedures for warranty reimbursement and such claims

are warranted claims under the supplier’s warranty policy. A

supplier’s warranty reimbursement policies and procedures will be

deemed unreasonable to the extent they conflict with any of the

provisions of this section.

G. A dealer may choose to accept alternate reimbursement terms

and conditions in lieu of the requirements of subsections A, B and C

of this section if there is a written dealer agreement between the

supplier and the dealer that requires the supplier to compensate the

dealer for warranty labor costs either as:

a. a discount in the pricing of the equipment to the

dealer, or

b. a lump sum payment to the dealer that is made to the

dealer within ninety (90) days of the sale of the

supplier’s new equipment. The discount or lump sum

must be no less than five percent (5%) of the

suggested retail price of the equipment.

If the requirements of this subsection are met and alternate

terms and conditions are in place, subsections A, B and C of this

section do not apply and the alternate terms and conditions are

enforceable. Nothing contained in this subsection shall be deemed

to affect the supplier’s obligation to reimburse the dealer for

parts in accordance with subsection C of this section.
Okla. Stat. tit. 15, § 15-340 — OK Code / Title 15 / Section 15-340
Rescission of new agreement as restoring guarantor's
Status: in_force

liability.

The rescission of an agreement altering the original obligation

of a debtor, or impairing the remedy of a creditor, does not restore

the liability of a guarantor who has been exonerated by such

agreement.
Okla. Stat. tit. 15, § 15-110 — OK Code / Title 15 / Section 15-110
Executed or executory consideration
Status: in_force

A consideration may be executed or executory, in whole or in

part.
Okla. Stat. tit. 15, § 15-776.5 — OK Code / Title 15 / Section 15-776.5
Commercial electronic mail – Definitions
Status: in_force

For purposes of Sections 1 through 3 of this act:

1. “Electronic mail” means an electronic message or computer

file containing an image of a message that is transmitted between

two or more computers or electronic terminals and includes

electronic messages that are transmitted within or between computer

networks;

2. “Electronic mail service provider” means any person who:

a. is an intermediary in sending or receiving electronic

mail, and

b. provides to end-users of electronic mail services the

ability to send or receive electronic mail;

3. “Established business relationship” means a prior or

existing relationship formed by a voluntary communication between a

person or entity and the recipient with or without an exchange of

consideration, on the basis of an inquiry, application, purchase or

use by the recipient regarding products or services offered by such

person or entity;

4. “Unsolicited commercial electronic mail message” means a

commercial electronic mail message sent without the consent of the

recipient, by a person with whom the recipient does not have an

established business relationship. “Unsolicited commercial

electronic mail message” does not include electronic mail messages

where the sender:

a. is an organization using electronic mail to

communicate exclusively with its members,

Oklahoma Statutes - Title 15. Contracts Page 181

b. is an organization using electronic mail to

communicate exclusively with its employees or

contractors, or both,

c. has the consent of the recipient, or

d. has an established business relationship with the

recipient, as defined in this section; and

5. “Commercial electronic mail message” means an electronic

mail message sent for the purpose of encouraging the purchase or

rental of, or investment in, property, goods or services.

Commercial electronic mail message does not include an electronic

mail message:

a. to which an electronic mail service provider has

attached an advertisement in exchange for free use of

an electronic mail account, when the user has agreed

to the arrangement,

b. between persons with a prior business relationship, or

c. between persons with a personal relationship.
Okla. Stat. tit. 15, § 15-599.2 — OK Code / Title 15 / Section 15-599.2
Renumbered as Title 68, § 327 by Laws 1981, c. 211, § 7,
Status: in_force

emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-232 — OK Code / Title 15 / Section 15-232
Rescission extinguishes
Status: in_force

A contract is extinguished by its rescission.
Okla. Stat. tit. 15, § 15-141.28 — OK Code / Title 15 / Section 15-141.28
Hearings
Status: in_force

A. Whenever the Insurance Commissioner has reason to believe

that any person has engaged, or is engaging, in this state in any

unfair method of competition or any unfair or deceptive act or

practice as defined in Section 26 of this act, or is engaging in the

Oklahoma Statutes - Title 15. Contracts Page 55

business of service warranty without being properly licensed, and

that a proceeding by the Commissioner in respect thereto would be in

the interest of the public, the Commissioner shall conduct or cause

to have conducted a hearing in accordance with Article II of the

Administrative Procedures Act.

B. A statement of charges, notice, order, or other process may

be served by anyone duly authorized by the Insurance Commissioner,

either in the manner provided by law for service of process in civil

actions or by certifying and mailing a copy thereof to the person

affected by such statement, notice, order, or other process at the

residence or principal office or place of business of the person.

The verified return by the person so serving such statement, notice,

order, or other process, setting forth the manner of the service, is

proof of the same; and the return postcard receipt for such

statement, notice, order, or other process, certified and mailed as

provided in this subsection, is proof of service of the same.
Okla. Stat. tit. 15, § 15-567 — OK Code / Title 15 / Section 15-567
Punishment for violations - Second offenses - Forfeiture
Status: in_force

of corporate charters.

Any person, either as agent or principal, who enters into or

assists in making any contracts of sale of the sort of character

Oklahoma Statutes - Title 15. Contracts Page 113

denounced by Section 564 of this title for the future delivery of

cotton, grain, stocks or other commodities, or who maintains or

operates a bucket shop as that term is defined in Section 565 of

this title, shall be guilty of a Class D3 felony offense, and upon

conviction thereof shall be fined in a sum not to exceed One

Thousand Dollars ($1,000.00), or be imprisoned as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes, and any person who shall be guilty of a second offense

under this statute in addition to the penalty above prescribed may,

upon conviction, be both fined and imprisoned in the discretion of

the court, and if a corporation, it shall be liable to forfeiture of

all its rights and privileges as such, and the continuance of such

establishment after the first conviction shall be deemed a second

offense. It shall be the duty of the Attorney General to institute

proceedings for the forfeiture of the charter of any corporation

making itself liable to such forfeiture under the provisions of this

act.
Okla. Stat. tit. 15, § 15-775C.3 — OK Code / Title 15 / Section 15-775C.3
Prior express written consent required – Modification
Status: in_force

of caller identification information or voice of the caller.

A. A person may not make or knowingly allow a commercial

telephonic sales call to be made if such call involves an automated

system for the selection or dialing of telephone numbers or the

playing of a recorded message when a connection is completed to a

Oklahoma Statutes - Title 15. Contracts Page 172

number called without the prior express written consent of the

called party.

B. It shall be unlawful for any person who makes a commercial

telephonic sales call or causes a commercial telephonic sales call

to be made to fail to transmit or cause not to be transmitted the

originating telephone number and, when made available by the

telephone solicitor's carrier, the name of the telephone solicitor

to any caller identification service in use by a recipient of a

commercial telephonic sales call. However, it is not a violation to

substitute, for the name and telephone number used in or billed for

making the call, the name of the seller on behalf of which a

commercial telephonic sales call is placed and the seller's customer

service telephone number, which is answered during regular business

hours. If a telephone number is made available through a caller

identification service as a result of a commercial telephonic sales

call, the solicitor must ensure that telephone number is capable of

receiving telephone calls and must connect the original call

recipient, upon calling such number, to the telephone solicitor or

to the seller on behalf of which a commercial telephonic sales call

was placed.

C. It shall be unlawful for any person who makes a commercial

telephonic sales call or causes a commercial telephonic sales call

to be made to intentionally alter the voice of the caller in an

attempt to disguise or conceal the identity of the caller in order

to defraud, confuse, or financially or otherwise injure the

recipient of a commercial telephonic sales call or in order to

obtain personal information from the recipient of a commercial

telephonic sales call, which may be used in a fraudulent or unlawful

manner.

D. There is a rebuttable presumption that a commercial

telephonic sales call made to any area code in this state is made to

an Oklahoma resident or to a person in this state at the time of the

call.
Okla. Stat. tit. 15, § 15-468 — OK Code / Title 15 / Section 15-468
Termination of bailment
Status: in_force

In the absence of an agreement as to the length of time during

which a bailment is to continue, it may be terminated by the bailor

at any time, and by the bailee upon reasonable notice.
Okla. Stat. tit. 15, § 15-512 — OK Code / Title 15 / Section 15-512
Finder must notify owner if known
Status: in_force

If the finder of a thing knows or suspects who the owner is, he

must, with reasonable diligence, give him notice of the finding; and

if he fails to do so, he is liable in damages to the owner, and has

no claim to any reward offered by him for the recovery of the thing,

or to any compensation for his trouble or expenses.
Okla. Stat. tit. 15, § 15-799A.4 — OK Code / Title 15 / Section 15-799A.4
Disclosure of identity information high-volume sellers
Status: in_force

to consumers.

A. An online marketplace shall:

1. Require any high-volume third-party seller with an aggregate

total of Twenty Thousand Dollars ($20,000.00) or more in annual

gross revenues on such online marketplace, and that uses such online

marketplace's platform, to provide the information described in

subsection B of this section to the online marketplace; and

Oklahoma Statutes - Title 15. Contracts Page 206

2. Disclose the information described in subsection B of this

section to consumers in a conspicuous manner:

a. in the order confirmation message or other document or

communication made to a consumer after a purchase is

finalized, and

b. in the consumer's account transaction history.

B. 1. Subject to paragraph 2 of this subsection, the identity

of the high-volume third-party seller shall be disclosed including:

a. the full name of the seller, which may include the

seller's name or seller's company name, or the name by

which the seller or company operates on the online

marketplace,

b. the physical address of the seller, and

c. contact information for the seller, to allow for the

direct, unhindered communication with high-volume

third-party sellers by users of the online marketplace

including:

(1) a current working phone number,

(2) a current working email address, or

(3) other means of direct electronic messaging which

may be provided to the high-volume third-party

seller by the online marketplace; and

2. Whether the high-volume third-party seller used a different

seller to supply the consumer product to the consumer upon purchase,

and, upon the request of an authenticated purchaser, the information

described in paragraph 1 of this subsection relating to any such

seller that supplied the consumer product to the purchaser, if such

seller is different than the high-volume third-party seller listed

on the product listing prior to purchase.

C. Subject to subsection D of this section, upon the request of

a high-volume third-party seller, an online marketplace may provide

for partial disclosure of the identity information required under

paragraph 1 of subsection B of this section in the following

situations:

1. If the high-volume third-party seller certifies to the

online marketplace that the seller does not have a business address

and only has a residential street address, or has a combined

business and residential address, the online marketplace may:

a. disclose only the country and, if applicable, the

state in which the high-volume third-party seller

resides, and

b. inform consumers that there is no business address

available for the seller and that consumer inquiries

should be submitted to the seller by phone, email, or

other means of electronic messaging provided to such

seller by the online marketplace;

Oklahoma Statutes - Title 15. Contracts Page 207

2. If the high-volume third-party seller certifies to the

online marketplace that the seller is a business that has a physical

address for product returns, the online marketplace may disclose the

seller's physical address for product returns; and

3. If a high-volume third-party seller certifies to the online

marketplace that the seller does not have a phone number other than

a personal phone number, the online marketplace shall inform

consumers that there is no phone number available for the seller and

that consumer inquiries should be submitted to the seller's email

address or other means of electronic messaging provided to such

seller by the online marketplace.

D. If an online marketplace becomes aware that a high-volume

third-party seller has made a false representation to the online

marketplace in order to justify the provision of a partial

disclosure under subsection C of this section or that a high-volume

third-party seller who has requested and received a provision for a

partial disclosure under subsection C of this section has not

provided responsive answers within a reasonable time frame to

consumer inquiries submitted to the seller by phone, email, or other

means of electronic messaging provided to such seller by the online

marketplace, the online marketplace shall, after providing the

seller with written or electronic notice and an opportunity to

respond not later than ten (10) calendar days after the issuance of

such notice, suspend any future sales activity of such seller unless

such seller consents to the disclosure of the identity information

required under paragraph 1 of subsection B of this section.
Okla. Stat. tit. 15, § 15-683 — OK Code / Title 15 / Section 15-683
Cancellation of contract
Status: in_force

A. The customer shall have the unconditional right to cancel a

contract for invention development services for any reason at any

time before midnight of the third business day following the date

the invention developer and the customer sign the contract and the

customer receives a fully executed copy of it. Written notice of

cancellation may be delivered personally or by certified mail. If

given by certified mail, the notice is effective upon the date

certified by signature. Notice of cancellation need not take a

particular form and is sufficient if it indicates, by any form of

Oklahoma Statutes - Title 15. Contracts Page 128

written expression, the intention of the customer not to be bound by

the contract. Within ten (10) business days after receipt of the

notice of cancellation, the invention developer shall deliver to the

customer, personally or by certified mail, all moneys paid, any note

or other evidence of indebtedness and all materials provided by the

customer.

B. Every contract for invention development services shall

contain the following statement in 10-point boldface type

immediately above the place where the customer signs the contract:

"The three business day period during which you may cancel this

contract for any reason by certified mailing or delivering written

notice to the invention developer will expire on (last date to mail

or deliver notice). If you choose to use certified mail as your

notice, it must be placed in the United States mail addressed to

(Name of Invention Developer), at (Address of Invention Developer's

Place of Business) with first class postage prepaid before midnight

of this date. If you choose to personally deliver your notice to

the invention developer, it must be delivered to him by the end of

his normal business day on this date."
Okla. Stat. tit. 15, § 15-141.18 — OK Code / Title 15 / Section 15-141.18
Registry of name and business address of sales
Status: in_force

representatives.

Each service warranty association or insurer shall maintain a

registry of the name and business address of each sales

representative utilized by it in this state. Upon request by the

Insurance Commissioner and with ten (10) days' notice to the service

warranty association or insurer, the registry shall be provided to

the Insurance Commissioner.
Okla. Stat. tit. 15, § 15-1003 — OK Code / Title 15 / Section 15-1003
Statutory form for power of attorney
Status: in_force

STATUTORY FORM FOR POWER OF ATTORNEY

A. The following statutory form of power of attorney is legally

sufficient:

STATUTORY POWER OF ATTORNEY

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.

THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY

ACT. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT

LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE

MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE

THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

I __________________________ (insert your name and

address) appoint ____________________________ (insert the

name and address of the person appointed) as my agent

(attorney-in-fact) to act for me in any lawful way with

respect to the following initialed subjects:

TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT

OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS.

TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING

POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.

TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT.

YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.

INITIAL

_______ (A) Real property transactions.

_______ (B) Tangible personal property transactions.

_______ (C) Stock and bond transactions.

_______ (D) Commodity and option transactions.

(E) Banking and other financial institution

transactions.

_______ (F) Business operating transactions.

_______ (G) Insurance and annuity transactions.

(H) Estate, trust, and other beneficiary

transactions.

(I) Claims and litigation.

Oklahoma Statutes - Title 15. Contracts Page 222

_______ (J) Personal and family maintenance.

_______ (K) Benefits from Social Security, Medicare,

Medicaid, or other governmental programs,

or military service.

_______ (L) Retirement plan transactions.

_______ (M) Tax matters.

_______ (N) ALL OF THE POWERS LISTED ABOVE. YOU NEED NOT INITIAL

ANY OTHER LINES IF YOU INITIAL LINE (N).

SPECIAL INSTRUCTIONS:

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR

EXTENDING THE POWERS GRANTED TO YOUR AGENT.

________________________________________________________

________________________________________________________

________________________________________________________

________________________________________________________

________________________________________________________

________________________________________________________

________________________________________________________

________________________________________________________

________________________________________________________

________________________________________________________

(Attach additional pages if needed.)

UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS

EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.

This power of attorney will continue to be effective even though

I become disabled, incapacitated, or incompetent.

STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF

ATTORNEY TO CONTINUE IF YOU BECOME DISABLED, INCAPACITATED, OR

INCOMPETENT.

I agree that any third party who receives a copy of this

document may act under it. Revocation of the power of attorney is

not effective as to a third party until the third party learns of

the revocation. I agree to indemnify the third party for any claims

that arise against the third party because of reliance on this power

of attorney.

Signed this _______ day of _______________, 19__

______________________________

(Your Signature)

_______________________________

(Your Social Security Number)

State of ______________________

(County) of ___________________

This document was acknowledged before me on

_______________ (Date) by _________________________

(Name of principal)

_______________________________

(Signature of notarial officer)

Oklahoma Statutes - Title 15. Contracts Page 223

(Seal, if any) _______________________________

(Title and Rank)

My commission expires:________________

BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES

THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.

B. A statutory power of attorney is legally sufficient under

this act, if the wording of the form complies substantially with

subsection A of this section, the form is properly completed, and

the signature of the principal is acknowledged.

C. If the line in front of (N) of the form under subsection A

of this section is initialed, an initial on the line in front of any

other power does not limit the powers granted by line (N).
Okla. Stat. tit. 15, § 15-168 — OK Code / Title 15 / Section 15-168
Repugnancy - How reconciled
Status: in_force

Repugnancy in a contract must be reconciled, if possible, by

such an interpretation as will give some effect to the repugnant

clause, subordinate to the general intent and purposes of the whole

contract.
Okla. Stat. tit. 15, § 15-910 — OK Code / Title 15 / Section 15-910
Short title
Status: in_force

This act shall be known and may be cited as the "Defective

Assistive Device Act".
Okla. Stat. tit. 15, § 15-332 — OK Code / Title 15 / Section 15-332
Guarantor liable on default of principal without notice
Status: in_force

A guarantor of payment or performance is liable to the guarantee

immediately upon the default of the principal, and without demand or

notice.
Okla. Stat. tit. 15, § 15-507 — OK Code / Title 15 / Section 15-507
Damages
Status: in_force

In an action involving damage to a lodging establishment room or

its furnishings, the court may order the person who rented the

lodging establishment room, the person who caused the damage to the

lodging establishment room or the parent of the minor or other

responsible party to do the following:

Oklahoma Statutes - Title 15. Contracts Page 109

1. Pay restitution for any damages suffered by the owner or

operator of the lodging establishment, which damages may include any

loss of revenue suffered by the lodging establishment resulting from

the inability of the innkeeper to rent or lease the room during the

period of time the lodging establishment is being repaired; and

2. Pay damages or restitution to any other person who is

injured or whose property is damaged. The parents of other

responsible parties shall be liable for acts of the minor in

violation of this section which cause damages to the lodging

establishment room or furnishings or cause injury to persons on the

lodging establishment property.
Okla. Stat. tit. 15, § 15-758 — OK Code / Title 15 / Section 15-758
Subpoenas, hearings, rules and regulations
Status: in_force

To accomplish the objectives and to carry out the duties

prescribed by the Oklahoma Consumer Protection Act, the Attorney

General or district attorney, in addition to other powers conferred

on them by the Oklahoma Consumer Protection Act, or the laws of this

state, may issue subpoenas or other process to any person and

conduct hearings in aid of any investigation or inquiry, administer

oaths and take sworn statements under penalty of perjury, serve and

execute in any county, search warrants, provided that none of the

powers conferred by the Oklahoma Consumer Protection Act shall be

used for the purpose of compelling any natural person to furnish

testimony or evidence which might tend to incriminate him or subject

him to a penalty or forfeiture; and provided further that

information obtained pursuant to the powers conferred by the

Oklahoma Consumer Protection Act shall not be made public or

disclosed by the Attorney General, district attorney or their

employees.
Okla. Stat. tit. 15, § 15-654 — OK Code / Title 15 / Section 15-654
Advertising selling at wholesale prices
Status: in_force

No person shall in any form of advertising represent himself as

selling at wholesale prices unless he is actually selling at

wholesale prices.
Okla. Stat. tit. 15, § 15-463 — OK Code / Title 15 / Section 15-463
Gratuitous bailee - Slight care
Status: in_force

A gratuitous bailee must use at least slight care for the

preservation of the thing bailed.
Okla. Stat. tit. 15, § 15-219 — OK Code / Title 15 / Section 15-219
Restraint of trade - Exception as to partners
Status: in_force

Partners may, upon or in anticipation of a dissolution of the

partnership, agree that none of them will carry on a similar

business within a specified county and any county or counties

contiguous thereto, or a specified city or town or any part thereof.

Provided, that any such agreement which is otherwise lawful but

which exceeds the territorial limitations specified by this section

may be deemed valid, but only within the county comprising the

primary place of the conduct of the business of the subject

partnership and within any counties contiguous thereto.
Okla. Stat. tit. 15, § 15-245A.1 — OK Code / Title 15 / Section 15-245A.1
Good cause
Status: in_force

A. The dealer must give the supplier at least thirty (30) days’

prior written notice of termination. No supplier may terminate a

dealer agreement without good cause. Except as otherwise

specifically provided in the Fair Practices of Equipment

Manufacturers, Distributors, Wholesalers and Dealers Act, “good

cause” means the failure by a dealer to substantially comply with

essential and reasonable requirements imposed upon the dealer by the

dealer agreement, provided such requirements are not different from

those requirements imposed on other similarly situated dealers

either by their terms or in the manner of their enforcement. In

addition, good cause shall exist whenever:

1. The dealer or dealership has transferred a controlling

ownership interest in its business without the supplier’s consent

unless the supplier does not have the right to withhold consent

under either the dealer agreement or under the terms of this act;

2. The dealer has filed a voluntary petition in bankruptcy or

has had an involuntary petition in bankruptcy filed against it which

has not been discharged within thirty (30) days after the filing, or

there has been a closeout or sale of a substantial part of the

dealer’s assets related to the business, or there has been a

commencement of dissolution or liquidation of the dealer;

3. There has been a deletion, addition or change in dealer or

dealership locations without the prior written approval of the

supplier;

4. The dealer has defaulted under any chattel mortgage or other

security agreement between the dealer and the supplier, or there has

been a revocation of any guarantee of the dealer’s present or future

obligations to the supplier; provided, however, good cause will not

Oklahoma Statutes - Title 15. Contracts Page 78

exist if a person revokes any guarantee in connection with or

following the transfer of such person’s entire ownership interest in

the dealer unless the supplier requires the person to execute a new

guarantee of the dealer’s present or future obligations in

connection with the transfer of ownership interest;

5. The dealer has failed to operate in the normal course of

business for seven (7) consecutive days or has otherwise abandoned

its business;

6. The dealer has pleaded guilty to or has been convicted of a

felony affecting the relationship between the dealer and supplier;

7. The dealer has engaged in conduct which is injurious or

detrimental to the dealer’s customers or to the public welfare or

the representation or reputation of the supplier’s product; or

8. The dealer has consistently failed to meet and maintain the

supplier’s requirements for reasonable standards and performance

objectives, so long as the supplier has given the dealer reasonable

standards and performance objectives that are based on the

manufacturer’s experience in other comparable market areas.

B. The provisions of this section will not apply to single-line

dealer agreements.
Okla. Stat. tit. 15, § 15-514 — OK Code / Title 15 / Section 15-514
Compensation and reward for service
Status: in_force

The finder of a thing is entitled to compensation for all

expenses necessarily incurred by him in its preservation, and for

any other service necessarily performed by him about it, and to a

reasonable reward for keeping it.
Okla. Stat. tit. 15, § 15-455 — OK Code / Title 15 / Section 15-455
Use of thing bailed
Status: in_force

A bailee may not use the thing bailed, or permit it to be used,

for any purpose, without the consent of the bailor. He may not, if

it is purposely fastened by the bailor, open it without the consent

of the latter, except in case of necessity.
Okla. Stat. tit. 15, § 15-71 — OK Code / Title 15 / Section 15-71
Acceptance must be absolute
Status: in_force

An acceptance must be absolute and unqualified, or must include in

itself an acceptance of that character, which the proposer can

separate from the rest, and which will include the person accepting.

A qualified acceptance is a new proposal.
Okla. Stat. tit. 15, § 15-325 — OK Code / Title 15 / Section 15-325
When promise deemed original
Status: in_force

A promise to answer for the obligation of another, in any of the

following cases, is deemed an original obligation of the promisor,

and need not be in writing:

1. Where the promise is made by one who has received property

of another upon an undertaking to apply it pursuant to such promise;

or by one who has received a discharge from an obligation in whole

or in part, in consideration of such promise.

2. Where the creditor parts with value, or enters into an

obligation, in consideration of the obligation in respect to which

the promise is made, in terms or under circumstances such as to

render the party making the promise the principal debtor, and the

person in whose behalf it is made his surety.

3. Where the promise, being for an antecedent obligation of

another, is made upon the consideration that the party receiving it

Oklahoma Statutes - Title 15. Contracts Page 93

cancels the antecedent obligation, accepting the new promise as a

substitute therefor; or upon the consideration that the party

receiving it releases the property of another from a levy or his

person from imprisonment under an execution on a judgment obtained

upon the antecedent obligation; or upon a consideration beneficial

to the promisor, whether moving from either party to the antecedent

obligation, or from another person.

4. Where a factor undertakes, for a commission, to sell

merchandise and guaranty the sale.

5. Where the holder of an instrument for the payment of money,

upon which a third person is or may become liable to him, transfers

it in payment of a precedent debt of his, or for a new

consideration, and in connection with such transfer enters into a

promise respecting such instrument.
Okla. Stat. tit. 15, § 15-421 — OK Code / Title 15 / Section 15-421
Indemnity defined
Status: in_force

Indemnity is a contract by which one engages to save another

from a legal consequence of the conduct of one of the parties, or of

some other person.
Okla. Stat. tit. 15, § 15-19 — OK Code / Title 15 / Section 15-19
Disaffirmance of minor's contract
Status: in_force

In all cases other than those specified herein, the contract of

a minor may be disaffirmed by the minor himself, either before his

majority or within one (1) year's time afterwards; or, in case of

his death within that period, by his heirs or personal

representatives. Provided, that any minor between the ages of

sixteen (16) and eighteen (18) who has paid for any repairing,

supplying or equipping on any type of a motor vehicle may disaffirm

said contract in like manner only by restoring the consideration to

the party from whom it was received.
Okla. Stat. tit. 15, § 15-776.20 — OK Code / Title 15 / Section 15-776.20
Legislative findings
Status: in_force

The Legislature finds that the citizens of this state are

potential targets of a phone scam known as caller ID spoofing or

caller ID fraud that allows a caller to hide his or her true

identity by modifying caller ID information with the intent to

mislead, defraud or deceive the recipient of the telephone call. It

is, therefore, the intent of the Anti-Caller ID Spoofing Act to

protect people from such scams which have led to the loss of

personal information, harassment and potentially threatening phone

calls.
Okla. Stat. tit. 15, § 15-212 — OK Code / Title 15 / Section 15-212
Certain contracts against policy of law
Status: in_force

All contracts which have for their object, directly or

indirectly, to exempt any one from responsibility for his own fraud,

or willful injury to the person or property of another or violation

of law, whether willful or negligent, are against the policy of the

law.
Okla. Stat. tit. 15, § 15-107 — OK Code / Title 15 / Section 15-107
Moral or legal obligation on promisor good as
Status: in_force

consideration.

An existing legal obligation resting upon the promisor, or a

moral obligation originating in some benefit conferred upon the

promisor, or prejudice suffered by the promisee, is also a good

consideration for a promise, to an extent corresponding with the

extent of the obligation, but no further or otherwise.
Okla. Stat. tit. 15, § 15-304 — OK Code / Title 15 / Section 15-304
Loan for use or exchange
Status: in_force

A loan which the borrower is allowed by the lender to treat as a

loan for use, or for exchange, at his option, is subject to all the

provisions of this chapter.
Okla. Stat. tit. 15, § 15-11 — OK Code / Title 15 / Section 15-11
Persons authorized to contract
Status: in_force

All persons are capable of contracting, except minors, persons

of unsound mind, and persons deprived of civil rights, however,

persons sentenced to imprisonment under the Department of

Corrections for any term, during confinement under said sentence,

may make employment contracts, subject to the approval of the

Director of the Department of Corrections, when this benefits the

vocational training or release preparation of the prisoner; provided

however, such persons during confinement shall not be eligible to

receive benefits under the unemployment compensation law.
Okla. Stat. tit. 15, § 15-217 — OK Code / Title 15 / Section 15-217
Restraint of trade
Status: in_force

Every contract by which any one is restrained from exercising a

lawful profession, trade or business of any kind, otherwise than as

provided by Sections 218 and 219 of this title, or otherwise than as

provided by Section 2 of this act, is to that extent void.
Okla. Stat. tit. 15, § 15-515 — OK Code / Title 15 / Section 15-515
Exoneration of finder from liability by storing with
Status: in_force

another.

The finder of a thing may exonerate himself from liability at

any time, by placing it on storage with any responsible person of

good character, at a reasonable expense.
Okla. Stat. tit. 15, § 15-141.6 — OK Code / Title 15 / Section 15-141.6
Unearned reserve account - Exceptions - Net asset
Status: in_force

ratios.

A. An association licensed pursuant to the Service Warranty Act

shall maintain a funded, unearned reserve account, consisting of

unencumbered assets, equal to a minimum of twenty-five percent (25%)

of the gross written provider fees received on all warranty

contracts in force, wherever written. In the case of multiyear

contracts which are offered by associations having net assets of

less than Five Hundred Thousand Dollars ($500,000.00) for which

provider fees are collected in advance for coverage in a subsequent

year, one hundred percent (100%) of the provider fees for such

subsequent years shall be placed in the funded, unearned reserve

account. Additionally, an association establishing such reserve

account shall also place in trust with the Insurance Commissioner a

surety bond issued by an authorized surety having a value of not

less than five percent (5%) of the gross provider fee received, less

claims paid, on the sale of the service warranties for all service

warranties issued and in force in this state, but in no event shall

the bond be less than Twenty-five Thousand Dollars ($25,000.00).

B. An association shall not be required to establish an

unearned reserve or demonstrate the minimum writing ratio required

by subsection D of this section if it has purchased one or more

insurance policies that collectively cover one hundred percent

(100%) of its claim exposure is covered by such policy and that the

policy satisfies the requirements of this section. The insurance

shall be obtained from one or more insurers that are licensed,

registered, or otherwise authorized to do business in this state,

that is rated B++ or better by A.M. Best Company, Inc., and that

meets the requirements of subsection C of this section. For the

Oklahoma Statutes - Title 15. Contracts Page 40

purposes of this subsection, the insurance policy shall contain the

following provisions:

1. In the event that the service warranty association is unable

to fulfill its obligation under contracts issued in this state for

any reason including insolvency, bankruptcy, or dissolution, the

insurer will pay losses and unearned provider fees under such plans

directly to the person making a claim under the contract;

2. The insurer issuing the insurance policy shall assume full

responsibility for the administration of claims in the event of the

inability of the association to do so; and

3. The policy may not be canceled or not renewed by either the

insurer or the association unless sixty (60) days' written notice

thereof has been given to the Commissioner by the insurer before the

date of such cancellation or nonrenewal.

C. Each insurer providing the insurance policy used to satisfy

the financial responsibility requirements of subsection B of this

section must meet one of the following standards:

1. The insurer shall, at the time the policy is filed with the

Commissioner, and continuously thereafter:

a. maintain surplus as to policyholders and paid-in

capital of at least Fifteen Million Dollars

($15,000,000.00), and

b. annually file copies of the audited financial

statements of the insurer, its NAIC Annual Statement,

and the actuarial certification required by and filed

in the state of domicile of the insurer; or

2. The insurer shall, at the time the policy is filed with the

Commissioner, and continuously thereafter:

a. maintain surplus as to policyholders and paid-in

capital of less than Fifteen Million Dollars

($15,000,000.00) but at least equal to Ten Million

Dollars ($10,000,000.00),

b. demonstrate to the satisfaction of the Commissioner

that the company maintains a ratio of net written

premiums, wherever written, to surplus as to

policyholders and paid-in capital of not greater than

three to one, and

c. annually file copies of the audited financial

statements of the insurer, its NAIC Annual Statement,

and the actuarial certification required by and filed

in the state of domicile of the insurer.

D. No warrantor or warranty seller shall allow its gross

written provider fees to exceed seven to one ratio to net assets.

E. If the gross written provider fees of a warrantor or a

warranty seller exceed the required net asset ratios, the

Commissioner may require, in addition to other measures as the

Commissioner deems necessary, any one or more of the following:

Oklahoma Statutes - Title 15. Contracts Page 41

1. A complete review of financial condition;

2. An increase in deposit;

3. A suspension of any new writings; or

4. Capital infusion into the business.
Okla. Stat. tit. 15, § 15-141.8 — OK Code / Title 15 / Section 15-141.8
Expiration and renewal of license
Status: in_force

Each license issued to a service warranty association shall

expire on November 1 following the date of issuance. If the

association is then qualified under the provisions of the Service

Warranty Act, its license may be renewed annually, upon electronic

submission of a renewal application and fee in the manner and form

prescribed by the Insurance Commissioner along with any applicable

fees, and upon payment to the Insurance Commissioner of the license

fee in the amount of Four Hundred Dollars ($400.00) in advance for

each such license year. A license expired for failure to submit a

renewal application may be reinstated within ninety (90) days after

the expiration date by electronically submitting a fee in an amount

that is double the renewal fee and a renewal application in the form

Oklahoma Statutes - Title 15. Contracts Page 43

and manner prescribed by the Commissioner along with any transaction

or other applicable fees. The Commissioner shall require a service

warranty association whose license has been expired for more than

ninety (90) days to reapply as if a new applicant and pay an

application fee that is double the initial application fee, in

addition to any fines imposed. All applications received after the

license has been expired for more than ninety (90) days shall

include a detailed report of service warranties issued in this state

during the period of expired licensure.
Okla. Stat. tit. 15, § 15-775B.6 — OK Code / Title 15 / Section 15-775B.6
Violation - Administrative fines
Status: in_force

A. No telemarketer shall make or cause to be made any

unsolicited telemarketing sales call or message, including, but not

limited to, a cellular telephone text message, to any consumer more

than thirty (30) days after the consumer’s telephone number or

numbers first appear on the registry made available by the Attorney

General pursuant to the Telemarketer Restriction Act.

Oklahoma Statutes - Title 15. Contracts Page 170

B. Willful violation of subsection A of this section shall be

an unlawful telemarketing practice and a violation of the Oklahoma

Consumer Protection Act; provided, a call to a consumer with whom

the caller has an established business relationship or a call or

cellular telephone text message to a consumer whose number has been

removed from the registry shall not be a violation of the

Telemarketer Restriction Act.

C. In lieu of bringing an action under the Oklahoma Consumer

Protection Act, the Attorney General may, in cases where the

telemarketer is able to demonstrate that the violation occurred

notwithstanding policies of the telemarketer that were an integral

part of the training of the individual or individuals responsible

for the violation, assess an administrative fine. The Attorney

General shall, pursuant to the Administrative Procedures Act, adopt

and promulgate rules establishing a schedule of increasing fines to

be assessed pursuant to this subsection for multiple and repeated

violations.
Okla. Stat. tit. 15, § 15-239 — OK Code / Title 15 / Section 15-239
Destruction, cancellation or alteration by party entitled
Status: in_force

to benefit.

The intentional destruction, cancellation, or material

alteration of a written contract, by a party entitled to any benefit

under it, or with his consent, extinguishes all the executory

obligations of the contract in his favor, against parties who do not

consent to the act.
Okla. Stat. tit. 15, § 15-430 — OK Code / Title 15 / Section 15-430
Governed by law of bail
Status: in_force

The obligations of bail are governed by the statutes specially

applicable thereto.
Okla. Stat. tit. 15, § 15-153 — OK Code / Title 15 / Section 15-153
Intention ascertained, how
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 59

For the purpose of ascertaining the intention of the parties to

a contract, if otherwise doubtful, the rules given in this chapter

are to be applied.
Okla. Stat. tit. 15, § 15-141.31 — OK Code / Title 15 / Section 15-141.31
Act relation to civil and common law
Status: in_force

The provisions of the Service Warranty Act are cumulative to

rights under the general civil and common law, and no action of the

Insurance Commissioner shall abrogate such rights to damages or

other relief in any court.
Okla. Stat. tit. 15, § 15-375 — OK Code / Title 15 / Section 15-375
Judgment does not change relation
Status: in_force

Notwithstanding the recovery of judgment by a creditor against a

surety, the latter still occupies the relation of surety.
Okla. Stat. tit. 15, § 15-424 — OK Code / Title 15 / Section 15-424
Agents' acts covered by indemnity agreements
Status: in_force

An agreement to indemnify against the acts of a certain person,

applies not only to his acts and their consequences, but also to

those of his agents.
Okla. Stat. tit. 15, § 15-245A.2 — OK Code / Title 15 / Section 15-245A.2
Contents of supplier notice of termination - Supplier
Status: in_force

failure to approve or deny request - Death of dealer.

A. Except as otherwise provided in this section, a supplier

must provide a dealer at least one hundred eighty (180) days’ prior

written notice of termination of a dealer agreement. The notice

must state all reasons constituting good cause for such termination

and must state that the dealer has sixty (60) days in which to cure

any claimed deficiency. If the deficiency is rectified within sixty

(60) days, the notice will be void. A supplier, other than a

specialty agricultural equipment supplier, may not terminate a

dealer agreement for the reason set forth in paragraph 8 of

subsection A of Section 245A.1 of this title unless the supplier

gives the dealer notice of such action at least two (2) years before

the effective date of the action. If the dealer achieves the

supplier’s requirements for reasonable standards or performance

objectives before the expiration of the two-year notice period, the

notice will be void and the dealer agreement will continue in full

force and effect. The notice and right to cure provisions under

this section shall not apply if the reason for termination is for

any reason set forth in paragraphs 1 through 7 of subsection A of

Section 245A.1 of this title.

B. If a supplier has contractual authority to approve or deny a

request for a sale or transfer of a dealer’s business or an equity

ownership interest therein, the supplier shall approve or deny such

Oklahoma Statutes - Title 15. Contracts Page 79

a request within sixty (60) days after receiving a written request

from the dealer. If the supplier has neither approved nor denied

the request within the sixty-day period, the request will be deemed

approved. The dealer’s request shall include reasonable financial,

personal background, character references and work history

information for the acquiring persons. If a supplier denies a

request made pursuant to this subsection, the supplier must provide

the dealer with a written notice of the denial that states the

reasons for the denial. A supplier may not unreasonably withhold

consent to a request for a sale or transfer of a dealer’s business

or an equity ownership interest in such business, and such consent

may only be withheld for good cause. The supplier shall have the

burden to prove that the denial of the request for sale or transfer

complied with the requirements of this subsection.

C. If a dealer dies and the supplier has contractual authority

to approve or deny a request for a sale or transfer of the dealer’s

business or equity ownership interest therein, the dealer’s estate,

or such other person with authority to transfer assets of the

dealer, will have one hundred eighty (180) days to submit to the

supplier a written request for a sale or transfer of the business or

equity ownership interest. If the request is timely submitted, the

supplier shall approve or deny the request in accordance with

subsection B of this section. Notwithstanding anything to the

contrary contained in the Fair Practices of Equipment Manufacturers,

Distributors, Wholesalers and Dealers Act, any attempt by the

supplier to terminate the dealer or the dealership as a result of

the death of a dealer will be delayed until there has been

compliance with the terms of this section or the one-hundred-eighty-

day period has expired, as applicable.

D. The provisions of this section shall not apply to single-

line dealer agreements.Oklahoma Statutes - Title 15. Contracts Page 4

Oklahoma Statutes - Title 15. Contracts Page 5
Okla. Stat. tit. 15, § 15-14 — OK Code / Title 15 / Section 15-14
Adults
Status: in_force

All other persons are adults.
Okla. Stat. tit. 15, § 15-450 — OK Code / Title 15 / Section 15-450
Notice to owner of adverse claim
Status: in_force

A bailee must give prompt notice to the person for whose benefit

the bailment was made, of any proceedings taken adversely to his

interest in the thing bailed which may tend to excuse the bailee

from delivering the thing to him.
Okla. Stat. tit. 15, § 15-776.2 — OK Code / Title 15 / Section 15-776.2
Civil remedies
Status: in_force

A. Any person whose property or person is injured by reason of

a violation of any provision of this act may sue for and recover any

damages sustained, and also recover the costs of bringing the suit.

The term “damages” shall include but shall not be limited to the

loss of profits.

B. If the injury arises from the transmission of fraudulent

electronic mail, the injured person, other than an electronic mail

service provider, may also recover attorney fees and costs. In lieu

of actual damages, the injured person may elect to recover the

lesser of Ten Dollars ($10.00) for each unsolicited bulk electronic

mail message transmitted in violation of this act, or Twenty-five

Thousand Dollars ($25,000.00) per day. The injured person shall not

have a cause of action against the electronic mail service provider

that merely transmits the fraudulent electronic mail over its

computer network.

C. If the injury arises from the transmission of fraudulent

electronic mail, an injured electronic mail service provider may

also recover attorney fees and costs. In lieu of actual damages,

the injured electronic mail service provider may elect to recover

the greater of Ten Dollars ($10.00) for each fraudulent electronic

mail message transmitted in violation of this act, or Twenty-five

Thousand Dollars ($25,000.00) per day.

D. At the request of any party to an action brought pursuant to

this section, the court may, in its discretion, conduct all legal

proceedings in such a way as to protect the secrecy and security of

Oklahoma Statutes - Title 15. Contracts Page 179

the computer, computer network, computer data, computer program, and

computer software involved in order to prevent possible recurrence

of the same or a similar act by another person and to protect any

trade secrets of any party.

E. The provisions of this act shall not be construed to limit

any right of a person to pursue any additional civil remedy

otherwise allowed by law.
Okla. Stat. tit. 15, § 15-692 — OK Code / Title 15 / Section 15-692
Customer's right and title to any die, mold, form or
Status: in_force

pattern - Claim of possession - Transfer of title to molder - Notice

to customer.

A. In the absence of any agreement to the contrary, the

customer shall have all rights and title to any die, mold, form, or

pattern in the possession of the molder.

B. If a customer does not claim possession from a molder of a

die, mold, form, or pattern within three (3) years following the

last prior use thereof, all rights and title to any die, mold, form,

or pattern shall be transferred by operation of law to the molder

for the purpose of destroying or otherwise disposing of such die,

mold, form, or pattern, consistent with this section.

C. If a molder chooses to have all rights and title to any die,

mold, form, or pattern transferred to the molder by operation of

law, the molder shall send written notice by registered mail, return

receipt requested, to the chief executive office of the customer or,

if the customer is not a business entity, to the customer at the

customer's last-known address indicating that the molder intends to

terminate the customer's rights and title by having all such rights

Oklahoma Statutes - Title 15. Contracts Page 134

and title transferred to the molder by operation of law pursuant to

this section. Such notice shall include a statement of the

customer's rights as set forth in subsection D of this section.

D. 1. If a customer does not respond in person or by mail to

claim possession of the particular die, mold, form, or pattern

within one hundred twenty (120) days following the date the notice

was sent, or does not make other contractual arrangements with the

molder for storage of the die, mold, form, or pattern, all rights

and title of the customer, except patents and copyrights, shall

transfer by operation of law to the molder. Thereafter, the molder

may destroy or otherwise dispose of the particular die, mold, form,

or pattern as the molder's own property without any risk of

liability to the customer.

2. This subsection shall not be construed in any manner to

affect any right of the customer under federal patent or copyright

law or federal law pertaining to unfair competition.
Okla. Stat. tit. 15, § 15-69 — OK Code / Title 15 / Section 15-69
When consent deemed communicated - Acceptance
Status: in_force

Consent is deemed to be fully communicated between the parties

as soon as the party accepting a proposal has put his acceptance in

the course of transmission to the proposer, in conformity to the

last section.
Okla. Stat. tit. 15, § 15-464 — OK Code / Title 15 / Section 15-464
Gratuitous bailee - When duties cease
Status: in_force

The duties of a gratuitous bailee cease:

First. Upon his restoring the thing bailed to its owner; or,

Second. Upon his giving reasonable notice to the owner to

remove it, and the owner failing to do so within a reasonable time.

But an involuntary bailee, under the first subdivision of Section

1086, cannot give such notice until the emergency that gave rise to

the bailment is past.
Okla. Stat. tit. 15, § 15-300 — OK Code / Title 15 / Section 15-300
Lender liable for defects
Status: in_force

The lender of a thing for use must indemnify the borrower for

damages caused by defects or vices in it, which he knew at the time

of lending, and concealed from the borrower.
Okla. Stat. tit. 15, § 15-503d — OK Code / Title 15 / Section 15-503d
"Guest" defined
Status: in_force

"Guest", within the meaning of this act, shall include transient

guests, permanent guests, tenants, lodgers and patrons who have

registered at and have been assigned a room in such hotel, apartment

hotel or inn.
Okla. Stat. tit. 15, § 15-174 — OK Code / Title 15 / Section 15-174
Time not of essence unless so provided
Status: in_force

Time is never considered as of the essence of a contract, unless

by its terms expressly so provided.
Okla. Stat. tit. 15, § 15-219A — OK Code / Title 15 / Section 15-219A
Noncompetition agreements
Status: in_force

A. A person who makes an agreement with an employer, whether in

writing or verbally, not to compete with the employer after the

employment relationship has been terminated, shall be permitted to

engage in the same business as that conducted by the former employer

or in a similar business as that conducted by the former employer as

long as the former employee does not directly solicit the sale of

goods, services or a combination of goods and services from the

established customers of the former employer.

B. Any provision in a contract between an employer and an

employee in conflict with the provisions of this section shall be

void and unenforceable.
Okla. Stat. tit. 15, § 15-901 — OK Code / Title 15 / Section 15-901
Motor vehicles - Repairing under warranty
Status: in_force

A. As used in this section:

1. "Consumer" means the purchaser, other than for purposes of

resale, of a motor vehicle, any person to whom such motor vehicle is

transferred during the duration of an express warranty applicable to

such motor vehicle, and any other person entitled by the terms of

such warranty to enforce the obligations of the warranty; and

2. "Motor vehicle" means any motor-driven vehicle required to

be registered under the Oklahoma Motor Vehicle License and

Registration Act, excluding vehicles above ten thousand (10,000)

pounds gross vehicle weight. A recreational vehicle, as defined in

Section 1-152.1 of Title 47 of the Oklahoma Statutes, regardless of

the weight of the recreational vehicle, shall be considered a motor

vehicle for the purposes of this section.

B. For the purposes of this act, if a new motor vehicle does

not conform to all applicable express warranties, and the consumer

reports the nonconformity, directly in writing, to the manufacturer,

its agent or its authorized dealer during the term of such express

warranties or during the period of one (1) year following the date

of original delivery of the motor vehicle to a consumer, whichever

is the earlier date, the manufacturer, its agent or its authorized

dealer shall make such repairs as are necessary to conform the

vehicle to such express warranties, notwithstanding the fact that

Oklahoma Statutes - Title 15. Contracts Page 212

such repairs are made after the expiration of such term or such one-

year period.

C. If the manufacturer, or its agents or authorized dealers are

unable to conform the motor vehicle to any applicable express

warranty by repairing or correcting any defect or condition which

substantially impairs the use and value of the motor vehicle to the

consumer after a reasonable number of attempts, the manufacturer

shall either accept a return of the vehicle from the consumer and

refund to the consumer the full purchase price including all taxes,

license, registration fees and all similar governmental fees,

excluding interest, less a reasonable allowance for the consumer's

use of the vehicle or replace the motor vehicle with a comparable

new model acceptable to the consumer. If a comparable model vehicle

cannot be agreed upon, the purchase price shall be refunded less a

reasonable allowance for the consumer's use of the vehicle. Refunds

shall be made to the consumer, and lienholder if any, as their

interests may appear. A reasonable allowance for use shall be the

purchase or lease price of the new motor vehicle multiplied by a

fraction having as the denominator one hundred twenty thousand

(120,000) miles and having as the numerator the miles directly

attributable to use by the consumer beyond fifteen thousand (15,000)

miles. It shall be an affirmative defense to any claim under this

act:

1. That an alleged nonconformity does not substantially impair

such use and value; or

2. That a nonconformity is the result of abuse, neglect or

unauthorized modifications or alterations of a motor vehicle.

In no event shall the presumption described in this subsection

apply against a manufacturer unless the manufacturer has received

prior direct written notification from or on behalf of the consumer

and has had an opportunity to cure the defect alleged.

D. It shall be presumed that a reasonable number of attempts

have been undertaken to conform a motor vehicle to the applicable

express warranties, if:

1. The same nonconformity has been subject to repair four or

more times by the manufacturer or its agents or authorized dealers

within the express warranty term or during the period of one (1)

year following the date of original delivery of the motor vehicle to

a consumer, whichever is the earlier date, but such nonconformity

continues to exist; or

2. The vehicle is out of service by reason of repair for a

cumulative total of thirty (30) business days during such term or

during such period, whichever is the earlier date.

The term of an express warranty, such one-year period and such

thirty-day period shall be extended by any period of time during

which repair services are not available to the consumer because of a

war, invasion, strike, fire, flood or other natural disaster.

Oklahoma Statutes - Title 15. Contracts Page 213

E. Nothing in this act shall in any way limit the rights or

remedies which are otherwise available to a consumer under any other

law.

F. If a manufacturer has established an informal dispute

settlement procedure which complies in all respects with the

provisions of Title 16, Code of Federal Regulations, Part 703, as

from time to time amended, the provisions of subsection C of this

section concerning refunds or replacement shall not apply to any

consumer who has not first resorted to such procedure.

G. The Oklahoma Attorney General shall prepare and place on the

Attorney General's website a written statement explaining the rights

of a purchaser under this law. The dealer shall provide to the

purchaser at the time of the original purchase of a new motor

vehicle the written statement prepared by the Attorney General.

H. Vehicles returned pursuant to the provisions of this act may

not be resold in this state unless:

1. The manufacturer provides the same express warranty the

manufacturer provided the original purchaser, except that the term

of the warranty need only last for twelve thousand (12,000) miles or

twelve (12) months after the date of resale, whichever is earlier;

or

2. The manufacturer, through the licensed dealer, provides the

consumer with a written statement on a separate piece of paper that

clearly discloses the reason or reasons the vehicle was reacquired

by the manufacturer.

I. Notwithstanding the provisions of subsection H of this

section, returned vehicles shall not be resold if a new motor

vehicle has been returned pursuant to the provisions of this act or

a similar statute in another state because of nonconformity

resulting in a complete failure of the braking or steering system

likely to cause death or serious bodily injury if the vehicle is

driven.

J. In any civil action pursuant to this section wherein the

consumer is the prevailing party in the civil action, the consumer

shall recover all costs and reasonable attorney fees as determined

by the court.
Okla. Stat. tit. 15, § 15-265 — OK Code / Title 15 / Section 15-265
Interest prescribed presumed annual
Status: in_force

When a rate of interest is prescribed by a law or contract,

without specifying the period of time by which such rate is to be

calculated, it is to be deemed an annual rate.
Okla. Stat. tit. 15, § 15-657 — OK Code / Title 15 / Section 15-657
Application of act
Status: in_force

The provisions of this act shall not apply to farm cooperatives,

public schools, all recognized religious nonprofit organizations and

all veterans organizations.
Okla. Stat. tit. 15, § 15-141.27 — OK Code / Title 15 / Section 15-141.27
Scope of investigation
Status: in_force

The Insurance Commissioner shall have the authority to examine

and investigate the affairs of every person involved in the business

of service warranty in this state in order to determine whether such

person has been or is engaged in any unfair method of competition or

in any unfair or deceptive act or practice.
Okla. Stat. tit. 15, § 15-169 — OK Code / Title 15 / Section 15-169
Inconsistent words rejected
Status: in_force

Words in a contract which are wholly inconsistent with its

nature, or with the main intention of the parties, are to be

rejected.
Okla. Stat. tit. 15, § 15-372 — OK Code / Title 15 / Section 15-372
Apparent principal may show himself surety
Status: in_force

One who appears to be a principal, whether by the terms of a

written instrument, or otherwise, may show that he is in fact a

surety, except as against persons who have acted on the faith of his

apparent character of principal.
Okla. Stat. tit. 15, § 15-687 — OK Code / Title 15 / Section 15-687
Restrictions on use of negotiable instruments
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 132

In connection with a contract for invention development

services, the invention developer shall not take from a customer a

negotiable instrument other than a check as evidence of the

obligation of the customer. A holder is not a holder in due course

if he takes a negotiable instrument taken from a customer in

violation of this section.
Okla. Stat. tit. 15, § 15-775B.1 — OK Code / Title 15 / Section 15-775B.1
Short title
Status: in_force

This act shall be known and may be cited as the "Telemarketer

Restriction Act".
Okla. Stat. tit. 15, § 15-797 — OK Code / Title 15 / Section 15-797
Unlawful gift certificate or gift card sales – Exemptions
Status: in_force

– Dormancy fees - Refunds.

A. It is unlawful for any person or entity to sell a gift

certificate or gift card whenever to a purchaser that contains any

of the following:

1. An expiration date that expires less than sixty (60) months

from the date of purchase; and

2. A service fee including, but not limited to, a service fee

for dormancy, except as provided in subsection E of this section.

B. A gift certificate or gift card sold without an expiration

date is valid until redeemed or replaced.

C. This section does not apply to any of the following gift

certificates or gift cards issued on or after November 1, 2005,

provided the expiration date appears in capital letters in at least

ten-point font on the front of the gift certificate or gift card:

1. Gift certificates or gift cards that are distributed by the

issuer to a consumer pursuant to an awards, loyalty, or promotional

program without any money being given in exchange for the gift

certificate or gift card by the consumer;

2. Gift certificates or gift cards that are sold below face

value at a volume discount to employers or to nonprofit and

charitable organizations for fundraising purposes if the expiration

date on those gift certificates or gift cards is not more than

thirty (30) days after the date of sale; and

3. Gift certificates or gift cards that are issued for a food

product.

D. Paragraph 2 of subsection A of this section does not apply

to a dormancy fee on a gift card or gift certificate that meets all

of the following criteria:

1. The remaining value of the gift card or gift certificate is

Five Dollars ($5.00) or less each time the fee is assessed;

2. The fee does not exceed One Dollar ($1.00) per month;

3. There has been no activity on the gift card or gift

certificate for twenty-four (24) consecutive months including, but

not limited to, purchases, the adding of value, or balance

inquiries;

4. The holder may reload or add value to the gift card or gift

certificate; and

5. A statement is printed on the gift card or gift certificate

in at least ten-point font stating the amount of the fee, how often

the fee will occur, that the fee is triggered by inactivity of the

gift card or gift certificate, and at what point the fee will be

charged. The statement may appear on the front or back of the gift

Oklahoma Statutes - Title 15. Contracts Page 201

card or gift certificate, but shall appear in a location where it is

visible to any purchaser prior to the purchase thereof.

E. An issuer of gift certificates or gift cards may accept

funds from one or more contributors toward the purchase of a gift

certificate or gift card intended to be a gift for a recipient,

provided that each contributor is provided with a full refund of the

amount that person paid toward the purchase of the gift certificate

or gift card upon the occurrence of all of the following:

1. The funds are contributed for the purpose of being redeemed

by the recipient by purchasing a gift certificate or gift card;

2. The time in which the recipient may redeem the funds by

purchasing a gift certificate or gift card is clearly disclosed in

writing to the contributors and the recipient; and

3. The recipient does not redeem the funds within the time

described in paragraph 2 of this subsection.
Okla. Stat. tit. 15, § 15-141.13 — OK Code / Title 15 / Section 15-141.13
See the following versions:
Status: in_force

OS 15-141.13v1 (HB 2715, Laws 2016, c. 72, § 1).

OS 15-141.13v2 (SB 541, Laws 2024, c. 225, § 7).
Okla. Stat. tit. 15, § 15-775C.5 — OK Code / Title 15 / Section 15-775C.5
Exemptions
Status: in_force

Exempt from this act are the following:

1. A person engaging in commercial telephone solicitation where

the solicitation is an isolated transaction and not conducted in the

course of a pattern of repeated transactions of like nature;

2. A person soliciting for religious, charitable, political, or

educational purposes. A person soliciting for other noncommercial

purposes is exempt only if that person is soliciting for a nonprofit

organization and if that organization is properly registered as such

with the Secretary of State and is included within the exemption of

Section 501(c)(3) or (6) of the Internal Revenue Code;

3. A person who does not make the major sales presentation

during the telephone solicitation and who does not intend to, and

does not actually, complete or obtain provisional acceptance of a

sale during the telephone solicitation, but who makes the major

sales presentation and completes the sale at a later face-to-face

meeting between the seller and the prospective purchaser. However,

if a seller, directly following a telephone solicitation, causes an

individual whose primary purpose is to go to the prospective

purchaser to collect the payment or deliver any item purchased, this

exemption does not apply;

4. A licensed securities, commodities, or investment broker,

dealer, or investment adviser when soliciting within the scope of

his or her license, or a licensed associated person of a securities,

commodities, or investment broker, dealer, or investment adviser

when soliciting within the scope of his or her license. As used in

this section, "licensed securities, commodities, or investment

broker, dealer, or investment adviser" means a person subject to

license or registration by the Securities and Exchange Commission,

by the Financial Industry Regulatory Authority or other self-

regulatory organization as defined by the Securities Exchange Act of

1934, 15 U.S.C., Section 78l, or by an official or agency of this

state or of any state of the United States. As used in this

section, "licensed associated person of a securities, commodities,

or investment broker, dealer, or investment adviser" means an

associated person registered or licensed by the Financial Industry

Regulatory Authority or other self-regulatory organization as

Oklahoma Statutes - Title 15. Contracts Page 174

defined by the Securities Exchange Act of 1934, 15 U.S.C., Section

78l, or by an official or agency of this state or of any state of

the United States;

5. A person primarily soliciting the sale of a newspaper of

general circulation;

6. A book, video, or record club or contractual plan or

arrangement:

a. under which the seller provides the consumer with a

form which the consumer may use to instruct the seller

not to ship the offered merchandise,

b. which is regulated by the Trade Regulation Rule

regarding the Use of Negative Option Plans by Sellers

in Commerce, and

c. which provides for the sale of books, records, or

videos which are not covered under subparagraph a or b

of this paragraph, including continuity plans,

subscription arrangements, standing-order

arrangements, supplements, and series arrangements

under which the seller periodically ships merchandise

to a consumer who has consented in advance to receive

such merchandise on a periodic basis;

7. A supervised financial institution or parent, subsidiary, or

affiliate thereof operating within the scope of supervised activity.

As used in this section, "supervised financial institution" means a

commercial bank, trust company, savings and loan association, mutual

savings bank, credit union, industrial loan company, consumer

finance lender, commercial finance lender, or insurer; provided that

the institution is subject to supervision by an official or agency

of this state, of any state, or of the United States. For the

purposes of this exemption, "affiliate" means a person who directly,

or indirectly through one or more intermediaries, controls or is

controlled by, or is under common control with, a supervised

financial institution;

8. Any licensed insurance broker, agent, customer

representative, or solicitor when soliciting within the scope of his

or her license. As used in this section, "licensed insurance

broker, agent, customer representative, or solicitor" means any

insurance broker, agent, customer representative, or solicitor

licensed by an official or agency of this state or of any state of

the United States;

9. A person soliciting the sale of services provided by a cable

television system operating under authority of a franchise or

permit;

10. A business-to-business sale where:

a. the commercial telephone seller has been lawfully

operating continuously for at least three (3) years

under the same business name and has at least fifty

Oklahoma Statutes - Title 15. Contracts Page 175

percent (50%) of its dollar volume consisting of

repeat sales to existing businesses,

b. the purchaser business intends to resell or offer for

purposes of advertisement or as a promotional item the

property or goods purchased, or

c. the purchaser business intends to use the property or

goods purchased in a recycling, reuse,

remanufacturing, or manufacturing process;

11. A person who solicits sales by periodically publishing and

delivering a catalog of the seller's merchandise to prospective

purchasers, if the catalog:

a. contains a written description or illustration of each

item offered for sale,

b. includes the business address or home office address

of the seller,

c. includes at least twenty (20) pages of written

material and illustrations and is distributed in more

than one state, or

d. has an annual circulation by mailing of not less than

one hundred fifty thousand (150,000);

12. A person who solicits contracts for the maintenance or

repair of goods previously purchased from the person making the

solicitation or on whose behalf the solicitation is made;

13. A commercial telephone seller;

14. A telephone company subject to Title 17 of the Oklahoma

Statutes, or affiliate thereof or its agents, or a

telecommunications business that is regulated by the Oklahoma

Corporation Commission, or a cellular telephone company licensed by

the Federal Communications Commission or any of their authorized

vendors or independent contractors or other bona fide radio

telecommunication services provider. For the purposes of this

exemption, "affiliate" means a person who directly, or indirectly

through one or more intermediaries, controls or is controlled by, or

is under common control with, a telephone company subject to Title

17 of the Oklahoma Statutes;

15. A person who is licensed pursuant to the Funeral Services

Licensing Act in Title 59 of the Oklahoma Statutes and who is

soliciting within the scope of the license;

16. An issuer or a subsidiary of an issuer that has a class of

securities which is subject to Section 12 of the Securities Exchange

Act of 1934, 15 U.S.C., Section 78l, and which is either registered

or exempt from registration under subparagraph (a), subparagraph

(b), subparagraph (c), subparagraph (e), subparagraph (f),

subparagraph (g), or subparagraph (h) of subsection (G) of paragraph

(2) of that section;

Oklahoma Statutes - Title 15. Contracts Page 176

17. A business soliciting exclusively the sale of telephone

answering services; provided that the telephone answering services

will be supplied by the solicitor;

18. A person soliciting a transaction regulated by the

Commodity Futures Trading Commission if the person is registered or

temporarily licensed for this activity with the Commodity Futures

Trading Commission under the Commodity Exchange Act, 7 U.S.C.,

Section 1 et seq., and the registration or license has not expired

or been suspended or revoked;

19. A person soliciting the sale of food, food product, food

ingredient, dietary ingredient, dietary supplement, or beverage for

human consumption, if the solicitation neither intends to result in,

or actually results in, a sale which costs the purchaser in excess

of Five Hundred Dollars ($500.00);

20. A person soliciting business from prospective consumers who

have an existing business relationship with or who have previously

purchased from the business enterprise for which the solicitor is

calling if the solicitor is operating under the same business

enterprise;

21. A person who has been operating, for at least one (1) year,

a retail business establishment under the same name as that used in

connection with telemarketing and both of the following occur on a

continuing basis:

a. either products are displayed and offered for sale or

services are offered for sale and provided at the

business establishment, and

b. a majority of the seller's business involves the buyer

obtaining such products or services at the seller's

location;

22. Any person who has been lawfully providing telemarketing

sales services continuously for at least five (5) years under the

same ownership and control and who derives seventy-five percent

(75%) of its gross telemarketing sales revenues from contracts with

persons exempted in this section;

23. A person licensed pursuant to The Oklahoma Real Estate

License Code in Title 59 of the Oklahoma Statutes, soliciting within

the scope of the license;

24. A publisher, or an agent of a publisher by written

agreement, who solicits the sale of his or her periodical or

magazine of general, paid circulation. The term "paid circulation"

shall not include magazines that are only circulated as part of a

membership package or that are given as a free gift or prize from

the publisher or agent of the publisher by written agreement;

25. A person who is licensed or certified to handle pesticides

under Section 3-82 of Title 2 of the Oklahoma Statutes; and

26. A licensee, or an affiliate of a licensee, regulated under

Title 6 of the Oklahoma Statutes.

Oklahoma Statutes - Title 15. Contracts Page 177
Okla. Stat. tit. 15, § 15-61 — OK Code / Title 15 / Section 15-61
Undue influence defined
Status: in_force

Undue influence consists:

Oklahoma Statutes - Title 15. Contracts Page 17

1. In the use, by one in whom a confidence is reposed by

another, or who holds a real or apparent authority over him, of such

confidence or authority for the purpose of obtaining an unfair

advantage over him.

2. In taking an unfair advantage of another's weakness of

mind; or,

3. In taking a grossly oppressive and unfair advantage of

another's necessities or distress.
Okla. Stat. tit. 15, § 15-176 — OK Code / Title 15 / Section 15-176
Promise of several in singular form
Status: in_force

A promise made in the singular number, but executed by several

persons, is presumed to be joint and several.
Okla. Stat. tit. 15, § 15-651 — OK Code / Title 15 / Section 15-651
Citation of Act
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 122

This act shall be known and cited as "The Industrial Selling

Act."
Okla. Stat. tit. 15, § 15-214 — OK Code / Title 15 / Section 15-214
Attempt to fix damages void except as provided
Status: in_force

Every contract, by which the amount of damages to be paid, or

other compensation to be made, for a breach of an obligation, is

determined in anticipation thereof, is to that extent void, except

as expressly provided by Section 215 of this title.
Okla. Stat. tit. 15, § 15-685 — OK Code / Title 15 / Section 15-685
Disclosure of certain information to customer - Time
Status: in_force

period.

In either the first written communication from the invention

developer to a specific customer or at the first personal meeting

between the invention developer and a customer, the invention

developer shall make a written disclosure to the customer of the

information required in this section.

The disclosure shall:

1. state the median fee charged to all of the customers of the

invention developer who have signed contracts with the invention

developer in the preceding six (6) months, excluding customers who

have signed in the preceding thirty (30) days;

2. include a single statement setting forth:

a. the total number of customers who have contracted with

the invention developer, except that the number need

not reflect those customers who have contracted within

the preceding thirty (30) days, and

b. the number of customers who have received by virtue of

the invention developer's performance of invention

development services an amount of money in excess of

the amount of money paid by those customers to the

invention developer pursuant to a contract for

invention development services; and

3. contain the following statement:

"Unless the invention developer is an attorney, he is not

permitted to give you legal advice concerning patent, copyright or

trademark law or to advise you of whether your idea or invention may

be patentable or may be protected under the patent, copyright or

trademark laws of the United States or any other law.

No patent, copyright or trademark protection will be acquired

for you by the invention developer. Your failure to inquire into

Oklahoma Statutes - Title 15. Contracts Page 131

the law governing patent, copyright or trademark matters may

jeopardize your rights in your idea or invention, both in the United

States and in foreign countries. Your failure to identify and

investigate existing patents, trademarks or registered copyrights

may place you in jeopardy of infringing the copyrights, patent or

trademark rights of other persons if you proceed to make, use,

distribute or sell your idea or invention."
Okla. Stat. tit. 15, § 15-799A.2 — OK Code / Title 15 / Section 15-799A.2
Definitions
Status: in_force

As used in the Oklahoma INFORM Act:

1. "Consumer product" means any tangible personal property

which is distributed in commerce and which is normally used for

personal, family, or household purposes including any such property

intended to be attached to or installed in any real property without

regard to whether it is so attached or installed;

2. "High-volume third-party seller" means a participant in an

online marketplace who is a third-party seller and who, in any

continuous twelve-month period during the previous twenty-four (24)

months, has entered into two hundred or more discrete sales or

transactions of new or unused consumer products and an aggregate

total of Five Thousand Dollars ($5,000.00) or more in gross

revenues. For purposes of calculating the number of discrete sales

Oklahoma Statutes - Title 15. Contracts Page 203

or transactions or the aggregate gross revenues, an online

marketplace shall only be required to count sales or transactions

made through the online marketplace and for which payment was

processed by the online marketplace, either directly or through its

payment processor;

3. "Online marketplace" means any person or entity that

operates a consumer-directed electronically based or accessed

platform that:

a. includes features that allow for, facilitate, or

enable third-party sellers to engage in the sale,

purchase, payment, storage, shipping, or delivery of a

consumer product in this state,

b. is used by one or more third-party sellers for such

purposes, and

c. has a contractual or similar relationship with

consumers governing their use of the platform to

purchase consumer products;

4. "Seller" means a person who sells, offers to sell, or

contracts to sell a consumer product through an online marketplace's

platform;

5. "Third-party seller" means any seller, independent of an

online marketplace, who sells, offers to sell, or contracts to sell

a consumer product in this state through an online marketplace. The

term third-party seller does not include:

a. a seller who operates the online marketplace's

platform, or

b. a business entity that has:

(1) made available to the general public the entity's

name, business address, and working contact

information,

(2) an ongoing contractual relationship with the

online marketplace to provide the online

marketplace with the manufacture, distribution,

wholesaling, or fulfillment of shipments of

consumer products, and

(3) provided to the online marketplace identifying

information, as described in Section 3 of this

act, that has been verified in accordance with

that section; and

6. "Verify" means to confirm information provided to an online

marketplace pursuant to this act, and may include the use of one or

more methods that enable the online marketplace to reliably

determine that any information and documents provided are valid,

corresponding to the seller or an individual acting on the seller's

behalf, not misappropriated, and not falsified.
Okla. Stat. tit. 15, § 15-598.11 — OK Code / Title 15 / Section 15-598.11
Partial invalidity
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 120

If any subsection, sentence, clause, word, phrase or provision

of this act shall for any reason be held invalid or

unconstitutional, the validity of the remaining parts hereof shall

not be affected thereby and to that end the provisions of this act

are declared to be severable.
Okla. Stat. tit. 15, § 15-381 — OK Code / Title 15 / Section 15-381
Reimbursement of surety
Status: in_force

If a surety satisfies the principal obligation, or any part

thereof, whether with or without legal proceedings, the principal is

bound to reimburse what he has disbursed, including necessary costs

and expenses; but the surety has no claim for reimbursement against

other persons, though they may have been benefited by this act,

except as prescribed by the next section.
Okla. Stat. tit. 15, § 15-233A — OK Code / Title 15 / Section 15-233A
Procedures in actions for rescission
Status: in_force

Where the action, counter claim, cross claim or plea in

intervention is timely brought for relief based on the theory of

rescission, whether formerly the action would have been denominated

rescission at law or rescission in equity, the service of a pleading

on the adverse party shall be deemed sufficient notice of rescission

and of an offer to restore the benefits received under the contract.

The method of trial to be afforded shall depend on the relief to

Oklahoma Statutes - Title 15. Contracts Page 69

which the party who brought suit on the theory of rescission is

entitled.
Okla. Stat. tit. 15, § 15-141.16 — OK Code / Title 15 / Section 15-141.16
Permanent office records
Status: in_force

As a minimum requirement for permanent office records, each

licensed service warranty association shall maintain:

1. A complete set of accounting records, including but not

limited to, a general ledger, cash receipts and disbursements

journals, accounts receivable registers and accounts payable

registers;

2. A detailed warranty register of warranties in force. The

register shall include the date of issue, issuing sales

representative, name of warranty holder, warranty period, gross

provider fee, and net provider fee; and

3. A detailed centralized claims or service record register

which includes the unique identifier, date of issue, date of claim,

issuing service representative, amount of claim or service, date

claim paid, and, if applicable, disposition other than payment and

reason therefor.
Okla. Stat. tit. 15, § 15-137 — OK Code / Title 15 / Section 15-137
Writing excludes oral negotiations or stipulations
Status: in_force

The execution of a contract in writing, whether the law requires

it to be written or not, supersedes all the oral negotiations or

stipulations concerning its matter, which preceded or accompanied

the execution of the instrument.
Okla. Stat. tit. 15, § 15-167 — OK Code / Title 15 / Section 15-167
Written and original parts control
Status: in_force

Where a contract is partly written and partly printed, or where

part of it is written or printed under the special directions of the

parties, and with a special view to their intention, and the

remainder is copied from a form originally prepared without special

reference to the particular parties and particular contract in

question the written parts control the printed parts, and the parts

Oklahoma Statutes - Title 15. Contracts Page 61

which are purely original control those which are copied from a

form. And if the two are absolutely repugnant, the latter must be

so far disregarded.
Okla. Stat. tit. 15, § 15-776.12 — OK Code / Title 15 / Section 15-776.12
Exemptions
Status: in_force

The Anti-Phishing Act shall not apply to the good faith

transmission or routing of, or intermediate temporary storing or

caching of, identifying information by a telecommunications provider

or Internet service provider.
Okla. Stat. tit. 15, § 15-778 — OK Code / Title 15 / Section 15-778
Military service member contracts - Termination,
Status: in_force

suspension, reinstatement.

A. As used in this section, "service member" means:

1. A member of the organized militia who is called into active

service of the state by the Governor for thirty (30) or more

consecutive days; or

2. A member of the Armed Forces of the United States who is

called into active federal service under Title 10 of the United

States Code.

B. Except as provided in subsection G of this section, a

service member who has obtained the following services from a

telecommunications service provider, an Internet service provider, a

health club, a health spa or a provider of television services may

terminate or suspend the provision of services upon written notice

and as provided in subsection C of this section:

1. Telecommunications services, as defined in Section 139.102

of Title 17 of the Oklahoma Statutes;

2. Internet Services;

3. Health spa services, as defined in Section 2001 of Title 59

of the Oklahoma Statutes;

4. Exercise or athletic activities offered by a health club;

and

5. Television services, including but not limited to cable

television, direct satellite and other television-like services.

C. The service member must provide proof to the service

provider of the official orders showing that the service member has

been called into active service:

1. At the time written notice is given; or

2. If precluded by military necessity or circumstances that

make the provision of proof at the time of giving written notice

unreasonable or impossible, within ninety (90) days after written

notice has been given.

D. A termination or suspension of services under this section

is effective on the day written notice is given under subsection C

of this section.

E. 1. A service member who terminates or suspends the

provision of services under this section and who is no longer in

Oklahoma Statutes - Title 15. Contracts Page 190

active service may reinstate the provision of services on the same

terms and conditions as originally agreed to with the service

provider before the termination or suspension upon written notice to

the provider that the service member is no longer in active service.

Written notice under this subsection must be given within ninety

(90) days after termination of the service member's active service.

2. Upon receipt of the written notice of reinstatement, the

service provider shall resume the provision of services or, if the

services are no longer available, provide substantially similar

services within a reasonable time not to exceed thirty (30) days

from the date of receipt of the written notice of reinstatement.

F. A service member who terminates, suspends or reinstates the

provision of services under this section:

1. May not be charged a penalty, fee, loss of deposit or any

other additional cost because of the termination, suspension or

reinstatement; and

2. Is not liable for payment for any services after the

effective date of the termination or suspension, or until the

effective date of a reinstatement of services as described in

subsection E of this section.

G. A service member may terminate a contract for any service

provided by a commercial mobile radio services provider in

accordance with 50 U.S.C. 535a.
Okla. Stat. tit. 15, § 15-141.25 — OK Code / Title 15 / Section 15-141.25
Prohibited conduct
Status: in_force

No person shall engage in this state in any trade practice which

is defined in Section 26 of this act to be an unfair method of

competition or an unfair or deceptive act or practice involving the

business of service warranty.
Okla. Stat. tit. 15, § 15-565 — OK Code / Title 15 / Section 15-565
Bucket shops defined and prohibited
Status: in_force

A "bucket shop" is hereby defined to be and mean any place of

business wherein are made contracts of the sort or character

denounced by the preceding Section 4, of this act, and the

maintenance or operation of a bucket shop at any point in this state

is hereby prohibited.
Okla. Stat. tit. 15, § 15-598.4 — OK Code / Title 15 / Section 15-598.4
Punishment for sales below cost
Status: in_force

A. Any retailer who shall, in contravention of the policy of

the Unfair Sales Act, advertise, offer to sell or sell at retail any

item of merchandise at less than cost to the retailer as defined in

this act, or any wholesaler who shall, in contravention of the

policy of the Unfair Sales Act, advertise, offer to sell, or sell at

wholesale any item of merchandise at less than cost to the

wholesaler as defined in the Unfair Sales Act, shall be guilty of a

misdemeanor and, upon conviction, shall be punished by a fine of not

more than Five Hundred Dollars ($500.00).

B. Any retailer who shall, in contravention of the policy of

the Unfair Sales Act, advertise, offer to sell or sell at retail

motor fuel as defined in paragraph 44 of Section 500.3 of Title 68

of the Oklahoma Statutes at less than cost to the retailer as

defined in this act, or any wholesaler, who shall in contravention

of the policy of the Unfair Sales Act, advertise, offer to sell, or

sell at wholesale motor fuel as defined in paragraph 44 of Section

500.3 of Title 68 of the Oklahoma Statutes at less than cost to the

Oklahoma Statutes - Title 15. Contracts Page 117

wholesaler as defined in the Unfair Sales Act, shall be guilty of a

misdemeanor and, upon conviction, shall be punished by a fine of not

more than One Thousand Dollars ($1,000.00).
Okla. Stat. tit. 15, § 15-236 — OK Code / Title 15 / Section 15-236
Oral contract may be altered by writing - Extinguishment
Status: in_force

in part.

A contract not in writing may be altered in any respect by

consent of the parties, in writing, without a new consideration, and

is extinguished thereby to the extent of the new alteration.
Okla. Stat. tit. 15, § 15-264A — OK Code / Title 15 / Section 15-264A
Interest defined
Status: in_force

Interest is the compensation allowed for the use or forbearance

or detention of money, or its equivalent.
Okla. Stat. tit. 15, § 15-371 — OK Code / Title 15 / Section 15-371
Surety defined
Status: in_force

A surety is one who, at the request of another, and for the

purpose of securing to him a benefit, becomes responsible for the

performance by the latter of some act in favor of a third person, or

hypothecates property as security therefor.
Okla. Stat. tit. 15, § 15-65 — OK Code / Title 15 / Section 15-65
Mistake of foreign law
Status: in_force

Mistake of foreign laws is a mistake of fact.
Okla. Stat. tit. 15, § 15-598.9 — OK Code / Title 15 / Section 15-598.9
Witnesses - Production of books, records, etc
Status: in_force

Any defendant, or any witness, in any civil action brought under

the provisions of this act may be required to testify, and any

defendant, or any witness, may, upon proper process, be compelled to

produce his books, records, invoices and all other documents of any

such defendant or witness into court and the same may be introduced

as evidence, but no defendant, or any witness in such civil action

shall be prosecuted or subjected to any penalty or forfeiture for or

on account of any transaction, matter or thing concerning which he

may thus be required to testify or produce evidence, documentary or

otherwise, and no testimony thus given or produced shall be received

against him upon any criminal proceeding or investigation.
Okla. Stat. tit. 15, § 15-141.22 — OK Code / Title 15 / Section 15-141.22
Dissolution or liquidation of association
Status: in_force

Any dissolution or liquidation of an association subject to the

provisions of the Service Warranty Act shall be under the

supervision of the Insurance Commissioner, who shall have all powers

granted under the laws of this state with respect to the dissolution

and liquidation of property and casualty insurers.
Okla. Stat. tit. 15, § 15-799A.8 — OK Code / Title 15 / Section 15-799A.8
Prohibited from imposing certain requirements on online
Status: in_force

marketplaces.

No political subdivision may establish, mandate, or otherwise

require online marketplaces to collect or verify information from

high-volume third-party sellers on a one-time or ongoing basis or

disclose information to consumers.
Okla. Stat. tit. 15, § 15-275 — OK Code / Title 15 / Section 15-275
Interest on contracts after breach
Status: in_force

Any legal rate of interest, stipulated by a contract, remains

chargeable after a breach thereof, as before, until the contract is

superseded by a verdict or other new obligation.
Okla. Stat. tit. 15, § 15-598.3 — OK Code / Title 15 / Section 15-598.3
Sales below cost prohibited in certain cases
Status: in_force

It is hereby declared that any advertising, offer to sell, or

sale of any merchandise, either by retailers or wholesalers, at less

than cost as defined in the Unfair Sales Act with the intent and

purpose of inducing the purchase of other merchandise or of unfairly

diverting trade from a competitor or otherwise injuring a

competitor, impair and prevent fair competition, injure public

welfare, are unfair competition and contrary to public policy and

the policy of the Unfair Sales Act, where the result of such

advertising, offer or sale is to tend to deceive any purchaser or

prospective purchaser, or to substantially lessen competition, or to

unreasonably restrain trade, or to tend to create a monopoly in any

line of commerce.
Okla. Stat. tit. 15, § 15-775A.2 — OK Code / Title 15 / Section 15-775A.2
Definitions
Status: in_force

As used in Section 775A.1 et seq. of this title, unless the

context otherwise requires:

1. “Commercial telephone seller” or “seller” means a person

who, in the course of such person's business, vocation or

occupation, on the person's own behalf or on behalf of another

person, causes or attempts to cause a commercial telephone

solicitation to be made; except that “commercial telephone seller”

or “seller” does not include a telephone call made by:

a. a person offering or selling a security as defined in

Section 1-102 of Title 71 of the Oklahoma Statutes if:

(1) the security is either registered as required by

Section 1-301 of Title 71 of the Oklahoma

Statutes, or exempt from registration under

Section 1-201 of Title 71 of the Oklahoma

Statutes and general or public solicitation is

not prohibited or the security is a federal

covered security for which a notice filing has

been made under Section 1-302 of Title 71 of the

Oklahoma Statutes, and

(2) the person is registered as required by Section

1-401, 1-402, 1-403 or 1-404 of Title 71 of the

Oklahoma Statutes as a broker-dealer as defined

in Section 1-102 of Title 71 of the Oklahoma

Statutes, an agent as defined in Section 1-102 of

Title 71 of the Oklahoma Statutes, an investment

adviser as defined in Section 1-102 of Title 71

of the Oklahoma Statutes, or an investment

adviser representative as defined in Section 1-

102 of Title 71 of the Oklahoma Statutes, unless

expressly excluded from such definitions, or such

person is exempted from registration under

Section 1-401, 1-402, 1-403 or 1-404 of Title 71

of the Oklahoma Statutes,

b. a person soliciting the sale of any book, record,

audio tape, compact disc or video if the person allows

the purchaser to review the merchandise without

obligation for at least seven (7) days and provides a

full refund for the return of undamaged merchandise

within thirty (30) days or if the person solicits such

sale on behalf of a membership club operating in

conformity with 16 Code of Federal Regulations 425,

c. a person soliciting a residential customer for the

sole purpose of polling or soliciting the expression

of ideas, opinions or votes, or a person soliciting

solely for a political or religious cause or purpose,

Oklahoma Statutes - Title 15. Contracts Page 161

d. a paid solicitor or charitable organization which is

required to and which has complied with the notice and

reporting requirements of Section 552.3 of Title 18 of

the Oklahoma Statutes or a person who is excluded from

such notice and reporting requirements by Section

552.4 of Title 18 of the Oklahoma Statutes,

e. a supervised financial organization, as defined in

Section 1-301 of Title 14A of the Oklahoma Statutes,

and its employees, when acting within the scope of

their employment,

f. a supervised lender, as defined in subsection (2) of

Section 3-501 of Title 14A of the Oklahoma Statutes,

and its agents and employees, when acting within the

scope of their employment,

g. a person or an affiliate of a person who is regulated

by the Insurance Commission pursuant to Title 36 of

the Oklahoma Statutes,

h. a person soliciting without the intent to complete and

who does not in fact complete the sales transaction

during the telephone solicitation or another telephone

solicitation and who only completes the sales

transaction at a later face-to-face meeting between

the solicitor and the prospective purchaser, excluding

a face-to-face meeting, the sole purpose of which is

to collect the payment or deliver any item purchased,

or a person soliciting a purchaser with whom the

person has had a previous face-to-face meeting in the

course of such person's business,

i. any governmental entity or employee thereof, acting in

the employee's official capacity,

j. a person soliciting telephone service, or licensed or

franchised cable television service, which is billed

and paid on a daily, weekly, or monthly basis and

which can be canceled at any time without further

obligation to the purchaser,

k. a person or an affiliate of a person whose business is

regulated by the Oklahoma Real Estate Commission,

l. a person whose conduct is within the exclusive

jurisdiction of the federal Commodity Futures Trading

Commission as granted under the federal “Commodity

Exchange Act”, as amended,

m. a seller of food for immediate consumption when the

sale to one purchaser does not exceed Three Hundred

Dollars ($300.00),

n. a person who initially contacts the purchaser with a

retail sales catalog requesting a telephone call

response, when the person allows the purchaser to

Oklahoma Statutes - Title 15. Contracts Page 162

review the merchandise without obligation for at least

seven (7) days and provides a full refund for the

return of undamaged merchandise within thirty (30)

days after receipt of the returned merchandise,

o. an issuer or a subsidiary of an issuer that has a

class of securities which is subject to Section 12 of

the federal “Securities Exchange Act of 1934”, 15

U.S.C. 781, and which is either registered or exempt

from registration under paragraph (A), (B), (C), (E),

(F), (G) or (H) of subsection (g) (2) of that section,

p. a person who has been operating for at least three (3)

years a retail business establishment in Oklahoma

under the same name as that used in connection with

the solicitation of sales by telephone if, on a

continuing basis, the majority of the seller's

business involves the purchaser receiving the seller's

goods and services at the seller's business location,

q. any telephone marketing service company which provides

telemarketing sales services under written contract to

sellers and has been operating continuously for at

least five (5) years under the same business name and

seventy-five percent (75%) or more of its services are

performed on behalf of sellers exempt from this

section. Nothing in this paragraph shall be construed

to exempt any commercial telephone seller that

contracts with a telephone marketing service company

for telemarketing sales service from the requirements

set forth in Section 775A.3 of this title,

r. a person soliciting business solely from business

purchasers who have previously purchased identical or

similar goods or services from the business enterprise

on whose behalf the person is calling,

s. a person or an affiliate of a person whose business is

regulated by the Corporation Commission,

t. a person soliciting the sale of any newspaper,

magazine, or other periodical of general circulation

if such sales constitute a majority of such person's

business and business revenues, or

u. a person or affiliate of a person who offers or sells

products or services by means of a cellular telephone

text message only to persons who have affirmatively

indicated their opt-in consent to receive cellular

telephone text messages for such purpose from such

person or affiliate;

2. “Commercial telephone solicitation” means:

a. an unsolicited telephone call or message, including,

but not limited to, a cellular telephone text message,

Oklahoma Statutes - Title 15. Contracts Page 163

to a person initiated by a commercial telephone seller

or salesperson, or an automated dialing machine with

or without a recorded message device or electronic

text message delivery device, for the purpose of

inducing the person to purchase or invest in goods,

services or property or offering an extension of

credit,

b. any other communication by a commercial telephone

seller in which:

(1) a gift, award, prize or contest is offered and a

telephone call response from the intended

purchaser is invited,

(2) a loan, credit card or other extension of credit

is offered to a purchaser who has not previously

purchased from the person initiating the

communication, and a telephone call response from

the intended purchaser is invited, or

(3) a sale is to be completed or an agreement to

purchase is to be entered into during the course

of the telephone call response, or

c. any other communication by a commercial telephone

seller which includes representations about the price,

quality or availability of goods, services or property

and which invites a response by telephone or cellular

telephone text message, including pay-per-call or pay-

per-text service calls, or which is followed by a

telephone call or message, including, but not limited

to, a cellular telephone text message, to the intended

purchaser by a salesperson;

3. “Pay-per-call” or “pay-per-text” means the use of a

telephone number with a 900 prefix or any other prefix under which

liability for the service or product provided attaches to the

telephone bill of the individual calling such number;

4. “Principal” means an owner, an officer of a corporation, a

general partner of a partnership, the sole proprietor of a sole

proprietorship, a trustee of a trust or any other individual with

similar supervisory functions with respect to any person;

5. “Purchaser” means a person who receives or responds to a

commercial telephone solicitation;

6. “Salesperson” means any person employed or authorized by a

commercial telephone seller to cause or attempt to cause a

commercial telephone solicitation to be made; and

7. “Telephone sales transaction” means any payment of money by

a purchaser in exchange for the promise of goods, services, property

or an extension of credit by a commercial telephone seller and

includes all communications which precede such payment of money.

Oklahoma Statutes - Title 15. Contracts Page 164
Okla. Stat. tit. 15, § 15-298 — OK Code / Title 15 / Section 15-298
Relending by borrower forbidden
Status: in_force

The borrower of a thing for use must not part with it to a third

person without the consent of the lender.
Okla. Stat. tit. 15, § 15-771 — OK Code / Title 15 / Section 15-771
Appeals
Status: in_force

Any applicant for a license who is aggrieved by the denial,

refusal or revocation of a licensee may appeal to the district court

Oklahoma Statutes - Title 15. Contracts Page 158

of the county in which the denial, revocation or suspension

occurred. The appeal shall be taken by filing a written notice of

appeal with the district attorney within ten (10) days after the

order is made. The applicant shall, within ten (10) days of that

notice, file a petition in the district court asking for the

vacation or modification of the order denying the license. All such

appeals filed in the district court shall be set for hearing by the

court within thirty (30) days from the date the petition is filed.

If the applicant desires to have the order stayed during the

appeal, he may file with the petition a supersedeas bond in an

amount to be fixed by the court. The bond shall be conditioned that

the applicant will prosecute the appeal without delay and during the

pendency thereof, shall comply with the laws relating to "closing

out sales". If the appeal is denied, the applicant shall pay all

court costs incurred in the appeal.
Okla. Stat. tit. 15, § 15-777.1 — OK Code / Title 15 / Section 15-777.1
Short title
Status: in_force

This act shall be known and may be cited as the "Emergency Price

Stabilization Act".
Okla. Stat. tit. 15, § 15-160 — OK Code / Title 15 / Section 15-160
Words to be taken in ordinary sense - Exceptions
Status: in_force

The words of a contract are to be understood in their ordinary

and popular sense, rather than according to their strict legal

meaning, unless used by the parties in a technical sense, or unless

Oklahoma Statutes - Title 15. Contracts Page 60

a special meaning is given to them by usage, in which case the

latter must be followed.
Okla. Stat. tit. 15, § 15-1019 — OK Code / Title 15 / Section 15-1019
Existing interests; foreign interests
Status: in_force

EXISTING INTERESTS; FOREIGN INTERESTS

The powers described in Sections 5 through 18 of this act are

exercisable equally with respect to an interest the principal has

when the power of attorney is executed or acquires later, whether or

not the property is located in this state, and whether or not the

powers are exercised or the power of attorney is executed in this

state.
Okla. Stat. tit. 15, § 15-791.3 — OK Code / Title 15 / Section 15-791.3
Attorney General — Injunctive or other equitable relief
Status: in_force

— Compliance guidelines or regulations.

A. The Attorney General may seek injunctive and other equitable

relief against a commercial entity that fails to comply with the

provisions of this act.

B. The Attorney General is authorized and directed to develop

and publish, consistent with the provisions of this act, guidance or

regulations as appropriate to assist commercial entities to comply

with this act.Oklahoma Statutes - Title 15. Contracts Page 10
Okla. Stat. tit. 15, § 15-141.13v2 — OK Code / Title 15 / Section 15-141.13v2
Service warranty forms
Status: in_force

A. No service warranty form or related form shall be issued or

used in this state unless the form has been filed with the Insurance

Commissioner. Service warranty forms shall not be subject to prior

approval and shall be filed with the Insurance Commissioner for

informational purposes only.

B. Each service warranty contract shall contain a cancelation

provision. In the event the contract is canceled by the warranty

holder, return of the provider fee shall be based upon ninety

percent (90%) of the unearned pro rata provider fee less the actual

cost of any service provided under the service warranty contract.

In the event the contract is canceled by the association, return of

premium shall be based upon one hundred percent (100%) of unearned

pro rata provider fee less the actual cost of any service provided

under the service warranty contract.

C. Service warranties shall state the name and address of the

service warranty association and shall identify any administrator if

different from the service warranty association, the service

warranty seller and the service warranty holder to the extent that

the name of the service warranty holder has been furnished by the

service warranty holder. For service warranties issued on and after

July 1, 2017, the identity of the service warranty association and

its license number shall be preprinted on the service warranty or

added at the time of sale so consumers can clearly identify the

obligor of the service warranty. Information to be printed at the

Oklahoma Statutes - Title 15. Contracts Page 47

time of sale shall be indicated as such at the time the service

warranty is filed and a “Jane Doe” specimen shall accompany the

service warranty illustrating how the service warranty will look

after printing.

Each person and service warranty association shall

electronically submit, in the form and manner prescribed by the

Commissioner, any change of legal business name, “doing business as”

or assumed name, address, or contact email address within thirty

(30) days after the change occurred, and any fees deemed necessary

by the Commissioner. Any submission of a change under this

paragraph received more than thirty (30) days after the change

occurs shall be accompanied by a fee of Fifty Dollars ($50.00).

D. The Commissioner shall have the authority to immediately

order a service warranty association to stop using any service

warranty contract if the Commissioner determines that the form:

1. Violates the Service Warranty Act;

2. Is misleading in any respect; or

3. Is reproduced so that any material provision is

substantially illegible.

E. The Insurance Commissioner may, by order, exempt from the

requirements of this section for so long as he or she deems proper

any document or form or type thereof as specified in such order, to

which, in his or her discretion, this section may not practicably be

applied, or the filing of which is, in his or her opinion, not

desirable or necessary for the protection of the public.
Okla. Stat. tit. 15, § 15-172 — OK Code / Title 15 / Section 15-172
Necessary incidents implied, when
Status: in_force

All things that in law or usage are considered as incidental to

a contract, or as necessary to carry it into effect, are implied

therefrom, unless some of them are expressly mentioned therein, when

all other things of the same class are deemed to be excluded.

R.L. 1910, § 966.
Okla. Stat. tit. 15, § 15-115 — OK Code / Title 15 / Section 15-115
Burden of proof as to consideration
Status: in_force

The burden of showing a want of consideration sufficient to

support an instrument lies with the party seeking to invalidate or

avoid it.
Okla. Stat. tit. 15, § 15-751 — OK Code / Title 15 / Section 15-751
Short title
Status: in_force

This act may be cited as the Oklahoma Consumer Protection Act.
Okla. Stat. tit. 15, § 15-1015 — OK Code / Title 15 / Section 15-1015
Construction of power relating to personal and family
Status: in_force

maintenance.

CONSTRUCTION OF POWER RELATING TO PERSONAL AND FAMILY MAINTENANCE

In a statutory power of attorney, the language granting power

with respect to personal and family maintenance empowers the agent

to:

1. Do the acts necessary to maintain the customary standard of

living of the principal, the principal's spouse, children, and other

individuals customarily or legally entitled to be supported by the

principal, including providing living quarters by purchase, lease,

or other contract, or paying the operating costs, including

interest, amortization payments, repairs, and taxes on premises

owned by the principal and occupied by those individuals;

2. Provide for the individuals described in paragraph 1 of this

section normal domestic help, usual vacations and travel expenses,

and funds for shelter, clothing, food, appropriate education, and

other current living costs;

Oklahoma Statutes - Title 15. Contracts Page 232

3. Pay for the individuals described in paragraph 1 of this

section necessary medical, dental, and surgical care,

hospitalization, and custodial care;

4. Continue any provision made by the principal, for the

individuals described in paragraph 1 of this section, for

automobiles or other means of transportation, including registering,

licensing, insuring, and replacing them;

5. Maintain or open charge accounts for the convenience of the

individuals described in paragraph 1 of this section and open new

accounts the agent considers desirable to accomplish a lawful

purpose; and

6. Continue payments incidental to the membership or

affiliation of the principal in a church, club, society, order, or

other organization or to continue contributions to those

organizations.
Okla. Stat. tit. 15, § 15-246 — OK Code / Title 15 / Section 15-246
Payment of equipment after agreement termination
Status: in_force

A. Whenever any dealer enters into a dealer agreement with a

supplier and either the supplier or the dealer desires to terminate,

or otherwise discontinue the dealer agreement, the supplier shall

pay to the dealer or credit to the dealer’s account, if the dealer

has outstanding any sums owing the supplier, unless the dealer

should desire to keep such equipment or repair parts:

1. A sum equal to one hundred percent (100%) of the net

equipment cost of all new, unsold, undamaged equipment, less a

downward adjustment for such equipment between twenty-four (24)

Oklahoma Statutes - Title 15. Contracts Page 83

months and thirty-six (36) months old that reflects a reasonable

allowance for refurbishment and the price another dealer will pay

for such equipment, one hundred percent (100%) of the net equipment

cost of all unsold, undamaged demonstrators, less a downward

adjustment to reflect a reasonable allowance for refurbishment and

the price another dealer will pay for such equipment, and ninety

percent (90%) of the current net parts cost on new, unsold,

undamaged repair parts, that had previously been purchased from the

supplier and held by the dealer on the date that the dealer

agreement terminates or expires. Notwithstanding anything to the

contrary contained herein, demonstrators with less than fifty (50)

hours, for machines with hour meters, of use will be considered new,

unsold, undamaged equipment subject to repurchase under this

paragraph;

2. A sum equal to five percent (5%) of the current net parts

price of all repair parts returned to compensate the dealer for the

handling, packing and loading of such repair parts for return to the

supplier; provided, however, the five percent (5%) will not be paid

or credited to the dealer if the supplier elects to perform the

handling, packing and loading of the repair parts itself;

3. The fair market value of any specific data processing

hardware or software that the supplier required the dealer to

acquire or purchase to satisfy the requirements of the supplier,

including computer equipment required and approved by the supplier

to communicate with the supplier. Fair market value of property

subject to repurchase pursuant to this paragraph will be deemed to

be the acquisition cost thereof, including any shipping, handling

and set-up fees, less straight line depreciation of the acquisition

cost over three (3) years. If the dealer purchased data processing

hardware or software that exceeded the supplier’s minimum

requirements, the acquisition cost of the data processing hardware

or software will be deemed to be the acquisition cost of hardware or

software of similar quality that did not exceed the minimum

requirements of the supplier; or

4. A sum equal to seventy-five (75%) of the net cost, including

shipping, handling and set-up fees, of all specialized service or

repair tools previously purchased pursuant to requirements of the

supplier within fifteen (15) years prior to the date of the

applicable notification of termination of the dealer agreement. The

specialized service or repair tools must be unique to the supplier’s

product line and must be complete and in good operating condition.

B. Upon the payment or allowance of credit to the dealer’s

account of the sums required by this section, the title to all

inventory purchased hereunder shall pass to the supplier making such

payment, and the supplier shall be entitled to the possession of the

inventory. All payments or allowances of credit due dealers shall

be paid or credited within ninety (90) days after receipt by the

Oklahoma Statutes - Title 15. Contracts Page 84

supplier of property required to be repurchased hereunder. Any

payments or allowances of credit due dealers that are not paid

within the ninety-day period will accrue interest at the maximum

rate allowed by law. The supplier may withhold payments due under

this subsection during the period of time in which the dealer fails

to comply with its contractual obligations to remove any signage

indicating that the dealer is an authorized dealer of the supplier.

C. If any supplier refuses to repurchase any inventory covered

under the provisions of the Fair Practices of Equipment

Manufacturers, Distributors, Wholesalers and Dealers Act after

termination or discontinuance of the dealer agreement, the supplier

will be civilly liable to the dealer for one hundred ten percent

(110%) of the amount that would have been due for the inventory if

the supplier had timely complied with this act, any freight charges

paid by the dealer, interest accrued, and the dealer’s actual costs

of any court or arbitration proceeding, including costs for attorney

fees and costs for arbitrators.

D. The supplier and dealer will each pay fifty percent (50%) of

the costs of freight, at truckload rates, to ship any equipment or

repair parts returned to the supplier pursuant to this act.

E. Notwithstanding any provision to the contrary in the Uniform

Commercial Code adopted by this state, the dealer will retain title

to and have a first and prior lien against all inventory returned by

the dealer to the supplier under the provisions of this act until

the dealer is paid all amounts owed by the supplier for the

repurchase of such inventory required under the provisions of this

act and the supplier shall hold the proceeds of such inventory in

trust for the benefit of the dealer.

F. The provisions of this section shall not be construed to

affect in any way any security interest which the supplier may have

in the inventory of the dealer, and any repurchase hereunder shall

not be subject to the provisions of the bulk sales law or to the

claims of any secured or unsecured creditors of the supplier or any

assignee of the supplier until such time as the dealer has received

full payment or credit, as applicable, due hereunder.

G. The provisions of this section shall not apply to a

specialty agricultural equipment supplier if the dealer terminates

the dealer agreement and such termination is without good reason. A

dealer has good reason to terminate the dealer agreement for any of

the following reasons:

1. The death or disability of a majority owner of a dealership;

2. The dealership terminates the dealer agreement and:

a. substantially all of the dealership assets or all

shares of stock of the dealership are sold to a new

owner, and

b. no owner of the terminated dealership continues to own

an interest in the continuing dealership;

Oklahoma Statutes - Title 15. Contracts Page 85

3. The filing of bankruptcy by or against the dealership which

has not been discharged within thirty (30) days after the filing,

the appointment of a receiver or assignment for the benefit of

creditors; or

4. The specialty agricultural equipment supplier:

a. abandons the market or withdraws from the market by no

longer selling to the dealer a type of equipment

previously sold to the dealer that constituted a

material part of the specialty agricultural equipment

sold by such supplier,

b. consistently sells product to the dealer that is

defective or breaches the implied warranty of

merchantability,

c. consistently fails to provide adequate product support

for the type and use of the product, which includes,

but is not limited to, technical assistance, operator

and repair manuals, and part lists and diagrams,

d. consistently fails to provide adequate training,

required by such supplier, for maintenance, repair, or

usage of such supplier’s product,

e. consistently fails to provide marketing and marketing

support for such supplier’s product and marketing is a

requirement of the dealer contract,

f. consistently fails to meet such supplier’s warranty

obligations to the dealer as required by contract or

law including obligations under the Fair Practices of

Equipment Manufacturers, Distributors, Wholesalers and

Dealers Act,

g. engaged in conduct that is injurious or detrimental to

the dealer’s customers, the public welfare or the

reputation of the dealer,

h. made material misrepresentations or falsification of

any record, or

i. breached the dealer agreement or a violated a

provision of the Fair Practices of Equipment

Manufacturers, Distributors, Wholesalers and Dealers

Act.

Nothing in this subsection shall be construed to limit a

specialty agricultural equipment supplier’s obligation to repurchase

a dealer’s inventory as provided in this section if such supplier

terminates or otherwise discontinues a dealer agreement.
Okla. Stat. tit. 15, § 15-177 — OK Code / Title 15 / Section 15-177
Executed and executory contracts defined
Status: in_force

An executed contract is one, the object of which is fully

performed. All others are executory.
Okla. Stat. tit. 15, § 15-1001 — OK Code / Title 15 / Section 15-1001
Short title
Status: in_force

SHORT TITLE

Oklahoma Statutes - Title 15. Contracts Page 221

This act may be cited as the "Uniform Statutory Form Power of

Attorney Act".
Okla. Stat. tit. 15, § 15-245 — OK Code / Title 15 / Section 15-245
Definitions
Status: in_force

For the purposes of the Fair Practices of Equipment

Manufacturers, Distributors, Wholesalers and Dealers Act:

1. “Current net parts price” means, with respect to current

parts, the price for repair parts listed in the supplier’s price

list or catalog in effect at the time the dealer agreement is

terminated or discontinued, or for purposes of Section 245A.5 of

this title, the price list or catalog in effect at the time the

repair parts were ordered. Current net parts price means, with

respect to superseded repair parts, the price listed in the

supplier’s price list or catalogue in effect at the time the dealer

agreement is terminated or discontinued for the part that performs

the same function and purpose as the superseded part, but is simply

listed under a different part number;

2. “Current net parts cost” means the current net parts price

less any trade or cash discounts typically given to the dealer with

respect to such dealer’s normal, ordinary course orders of repair

parts;

3. “Dealer” means any person primarily engaged in the business

of:

a. selling or leasing equipment or repair parts to the

ultimate consumer, and

b. repairing or servicing equipment;

4. “Dealer agreement” means either an oral or written agreement

or arrangement for a definite or indefinite period between a dealer

and a supplier that provides for the rights and obligations of the

parties with respect to the purchase or sale of equipment or repair

parts. Notwithstanding the foregoing, if a dealer has more than one

business location covered by the same dealer agreement, the

requirements of the Fair Practices of Equipment Manufacturers,

Oklahoma Statutes - Title 15. Contracts Page 72

Distributors, Wholesalers and Dealers Act will be applied to the

repurchase of a dealer’s inventory at a particular location upon the

closing of such location, unless the closing of the location occurs

without the permission of the supplier;

5. “Dealership” means the retail sale business engaged in by a

dealer under a dealer agreement;

6. “Demonstrator” means equipment in a dealer’s inventory that

has never been sold at retail, but has had its usage demonstrated to

potential customers, either without charge or pursuant to a short-

term rental agreement, with the intent of encouraging the person to

purchase the equipment and which has been authorized for the use by

the supplier;

7. “Equipment” means:

a. all-terrain vehicles, utility task vehicles and

recreational off-highway vehicles, in each case,

regardless of how used, and

b. other machinery, equipment, implements or attachments

therefor, used for or in connection with the following

purposes:

(1) lawn, garden, golf course, landscaping or grounds

maintenance,

(2) planting, cultivating, irrigating, harvesting,

and producing of agricultural and/or forestry

products,

(3) raising, feeding, tending to or harvesting

products from livestock or any other activity in

connection therewith, or

(4) industrial, construction, maintenance, mining or

utility activities or applications.

Equipment shall not mean trailers or self-propelled vehicles

designed primarily for the transportation of persons or property on

a street or highway, or items constituting fixtures or otherwise

customarily intended to be permanently affixed to or incorporated

into real property and improvements attached thereto, and related

repair parts;

8. “Family member” means a spouse, child, son-in-law, daughter-

in-law or lineal descendant;

9. “Good cause” has the meaning as set forth in Section 245A.1

of this title, as applicable; provided, that:

a. a change in the executive management of the dealer

shall not constitute good cause unless the supplier

can demonstrate that the change is detrimental to the

representation of the supplier’s products, and

b. for purposes of subsection B of Section 245A.2 of this

title, good cause means showing that such sale or

transfer would be detrimental to the representation of

the supplier’s product;

Oklahoma Statutes - Title 15. Contracts Page 73

10. “Index” means the United States Bureau of Labor Statistics

Producer Price Index Industry Data for construction machinery

manufacturing, series identification number pcu333120333120 or any

successor Index measuring substantially similar information;

11. “Inventory” means equipment, repair parts, data processing

hardware or software, and specialized service or repair tools;

12. “Net equipment cost” means the price the dealer actually

paid to the supplier for equipment, plus:

a. freight, at the cost stated on the invoice, if

available, and if not the truckload rates in effect as

of the effective date of the termination of a dealer

agreement, if freight was paid by the dealer from the

supplier’s location to the dealer’s location, and

b. reimbursement for labor incurred in preparing the

equipment for retail sale or rental, also known as

set-up costs, which labor will be reimbursed at the

dealer’s standard labor rate charged by the dealer to

its customers for nonwarranty repair work; provided,

however, if a supplier has established a reasonable

set-up time, such labor will be reimbursed at an

amount equal to the reasonable set-up time in effect

as of the date of delivery multiplied by the dealer’s

standard labor rate;

13. “New equipment” means, for purposes of determining whether

a dealer is a single-line dealer, any equipment that could be

returned to the supplier upon a termination of a dealer agreement

pursuant to Sections 246 and 247 of this title;

14. “Person” means a natural person, corporation, partnership,

limited liability company, company, trust or any and all other forms

of business enterprise, including any other entity in which it has a

majority interest or of which it has control, as well as the

individual officers, directors and other persons in active control

of the activities of each entity;

15. “Repair parts” means all parts related to the repair of

equipment, including superseded parts;

16. “Single-line dealer” means a dealer that has:

a. purchased construction, industrial, forestry and

mining equipment from a single-line supplier

constituting seventy–five percent (75%) of the

dealer’s new equipment that is construction,

industrial, forestry and mining equipment, calculated

on the basis of net equipment cost, and

b. a total annual average sales volume of equipment

acquired from the single-line supplier in excess of

Twenty-five Million Dollars ($25,000,000.00) for the

five (5) calendar years immediately preceding the

applicable determination date; provided, however, the

Oklahoma Statutes - Title 15. Contracts Page 74

twenty-five-million-dollar threshold will be increased

each year by an amount equal to the then current

threshold multiplied by the percentage increase in the

Index from January of the immediately preceding year

to January of the current year;

17. “Single-line dealer agreement” means a dealer agreement

between a single-line dealer and a single-line supplier that only

provides for the rights and obligations of the parties with respect

to the purchase and sales of equipment that is construction,

forestry, industrial and mining equipment;

18. “Single-line supplier” means the supplier that is selling

the single-line dealer construction, industrial, forestry and mining

equipment constituting seventy-five percent (75%) of the dealer’s

new equipment that is construction, industrial, forestry and mining

equipment;

19. “Specialty agricultural equipment” means equipment that is

designed for and used in:

a. planting, cultivating, irrigating, harvesting and

producing of the agricultural products, or

b. raising, feeding, tending to or harvesting products

from livestock;

20. “Specialty agricultural equipment supplier” means a

supplier of specialty agricultural equipment whose gross sales

revenue to the dealer is less than the threshold amount and whose

product line does not include farm tractors or combines and whose

sales of outdoor power equipment to the dealer does not exceed ten

percent (10%) of its total sales to the dealer during the one-year

period ending on the last day of the calendar month immediately

preceding the effective date of the termination of the dealer

agreement. Whether a supplier qualifies as a specialty agricultural

equipment supplier is determined on a case-by-case basis depending

on the sales of the applicable dealer and to the applicable dealer

by such specialty agricultural equipment supplier;

21. “Supplier” means any person engaged in the business of

manufacturing, assembly or wholesale distribution of equipment or

repair parts. The term shall also include any successor in

interest, including any receiver, trustee, liquidator, assignee,

purchaser of assets or stock, or a surviving corporation resulting

from a merger, liquidation or reorganization of the original

supplier. Purchasers of all, or substantially all, of the inventory

of a supplier or a supplier’s division or product line will

constitute a purchaser of all or substantially all of the supplier’s

assets;

22. “Terminate” or “termination” means to terminate, cancel,

fail to renew or substantially change the competitive circumstances

of a dealer agreement. For purposes of Sections 245A.5, 246, and

Oklahoma Statutes - Title 15. Contracts Page 75

247 of this title, the terms shall not include the phrase

“substantially change the competitive circumstances of”; and

23. “Threshold amount” means that the lesser of:

a. ten percent (10%) of the dealer’s gross sales revenue,

or

b. Three Hundred Fifty Thousand Dollars ($350,000.00), in

each case based on net sales of the dealership during

the one-year period ending on the last day of the

calendar month immediately preceding the effective

date of the termination of the dealer agreement;

provided, however, the three-hundred-fifty-thousand-

dollar amount will be increased each year by an amount

equal to the then current amount multiplied by the

percentage increase in the Index from January of the

immediately preceding year to January of the current

year.
Okla. Stat. tit. 15, § 15-776.22 — OK Code / Title 15 / Section 15-776.22
Definitions
Status: in_force

As used in the Anti-Caller ID Spoofing Act:

1. “Caller” means a person who places a call by a telephone or

over a telephone line, even if the person begins the call on a

computer;

Oklahoma Statutes - Title 15. Contracts Page 186

2. “Caller identification system" means a listing of a caller's

name, telephone number, or name and telephone number that is shown

to a recipient of a call when the recipient answers;

3. “Insert” means insert by voice communication, by written

communication or by otherwise entering into a computer; and

4. “False information” means data that misrepresents the

identity of the caller to the recipient of a call; except that when

a person making an authorized call on behalf of another person

inserts the name, telephone number or name and telephone number of

the person on whose behalf the call is being made, such information

shall not be deemed false information.
Okla. Stat. tit. 15, § 15-429 — OK Code / Title 15 / Section 15-429
Bail sureties
Status: in_force

Upon those contracts of indemnity which are taken in legal

proceedings, as security for the performance of an obligation

imposed or declared by the tribunals, and known as undertakings or

recognizances, the sureties are called bail.
Okla. Stat. tit. 15, § 15-382 — OK Code / Title 15 / Section 15-382
Surety's rights against principal and cosureties
Status: in_force

A surety, upon satisfying the obligations of the principal, is

entitled to enforce every remedy which the creditor then has against

the principal, to the extent of reimbursing what he has expended;

and also to require all his cosureties to contribute thereto,

without regard to the order of time in which they became such.

Oklahoma Statutes - Title 15. Contracts Page 98

R.L. 1910, § 1061.
Okla. Stat. tit. 15, § 15-299 — OK Code / Title 15 / Section 15-299
Expenses during loan
Status: in_force

The borrower of a thing for use must bear all its expenses

during the loan, except such as are necessarily incurred by him to

preserve it from unexpected and unusual injury. For such expense he

is entitled to compensation from the lender, who may, however,

exonerate himself by surrendering the thing to the borrower.

Oklahoma Statutes - Title 15. Contracts Page 91
Okla. Stat. tit. 15, § 15-798 — OK Code / Title 15 / Section 15-798
Gift certificate or gift card value – Trust property
Status: in_force

A. A gift certificate or gift card constitutes value held in

trust by the issuer of the gift certificate or gift card on behalf

of the beneficiary of the gift certificate or gift card. The value

represented by the gift certificate or gift card belongs to the

beneficiary, or to the legal representative of the beneficiary to

the extent provided by law, and not to the issuer.

B. An issuer of a gift certificate or gift card or who is in

bankruptcy shall continue to honor a gift certificate or gift card

issued prior to the date of the bankruptcy filing on the grounds

that the value of the gift certificate or gift card constitutes

trust property of the beneficiary.

C. 1. This section does not alter the terms of a gift

certificate or gift card. The terms of a gift certificate or gift

card may not make its redemption or other use invalid in the event

of a bankruptcy.

2. This section does not require, unless otherwise required by

law, the issuer of a gift certificate or gift card to:

a. redeem a gift certificate or gift card for cash,

b. replace a gift certificate or gift card that has been

lost or stolen, or

c. maintain a separate account for the funds used to

purchase the gift certificate or gift card.

D. 1. This section does not create an interest in favor of the

beneficiary of the gift certificate or gift card in any specific

property of the issuer;

2. This section does not create a fiduciary or quasi-fiduciary

relationship between the beneficiary of the gift certificates or

gift cards and the issuer, unless otherwise provided by law; and

Oklahoma Statutes - Title 15. Contracts Page 202

3. The issuer of a gift certificate or gift card has no

obligation to pay interest on the value of the gift certificate or

gift card held in trust under this section, unless otherwise

provided by law.

Any waiver of the provisions of Title 15 of the Oklahoma

Statutes is contrary to public policy, and is void and

unenforceable.
Okla. Stat. tit. 15, § 15-1002 — OK Code / Title 15 / Section 15-1002
Purpose
Status: in_force

The purposes of this act are to simplify the creation of a power

of attorney and, when a form substantially similar to the form set

forth in this act is utilized, to assure third parties that they may

rely in good faith on the acts of the agent within the scope of the

power of attorney. The form set forth in this act is not exclusive,

however, and other forms of power of attorney may be used.
Okla. Stat. tit. 15, § 15-765.6 — OK Code / Title 15 / Section 15-765.6
Construction contracts may include notice and offer to
Status: in_force

repair provisions.

A. For the purposes of this section:

1. "Construction defect" means a deficiency in or a deficiency

arising out of the design, specifications, surveying, planning,

supervision or observation of construction or construction of

residential improvements that results from any of the following:

a. defective material, products or components used in the

construction of residential improvements,

b. violation of the applicable codes in effect at the

time of construction of residential improvements,

c. failure of the design of residential improvements to

meet the applicable professional standards of care at

the time of governmental approval of the design of

residential improvements, or

d. failure to construct residential improvements in

accordance with accepted trade standards for good and

workmanlike construction at the time of construction;

2. "Contractor" means a person or entity providing labor,

services or materials in the construction of a new residence or

alteration of, repair of, or addition to an existing residence; and

3. "Residence" means any structure designed and used only for

residential purposes, together with all attached and unattached

structures, constructed by the contractor, regardless of whether the

real property upon which the residence is located was purchased from

the contractor. Such term also includes a residence upon which

alterations or repairs were performed by the contractor at the

direction of the homeowner.

Oklahoma Statutes - Title 15. Contracts Page 154

B. A contract for the construction of a new residence or for an

alteration of, repair of, or addition to an existing residence may

include provisions which:

1. Require a homeowner, prior to filing a lawsuit for

construction defects, to present to the contractor a written notice

of construction defects; and

2. Allow the contractor to inspect any construction defects and

present to the homeowner a written response which shall include the

contractor's offer to repair defects or compensate homeowner for

such defects within thirty (30) days after receipt of the notice of

defects.

Regardless of whether such provisions are included in a

contract, the homeowner shall not file a lawsuit against the

contractor until the conditions precedent as set forth in paragraphs

1 and 2 of this subsection have been fulfilled. In the event the

homeowner files a lawsuit against the contractor without fulfilling

the conditions precedent, the contractor shall be entitled to a stay

of proceedings until such conditions have been fulfilled. If the

conditions precedent have been fulfilled, the homeowner may seek

remedies against the contractor as provided by law. The provisions

of this section shall not be subject to, and nothing herein is

intended to alter, contradict or otherwise diminish the application

of, the terms of a separate express contractual warranty agreed upon

by a contractor or homeowner. This section does not create a cause

of action or derivative liability or extend a limitations period.
Okla. Stat. tit. 15, § 15-775A.5 — OK Code / Title 15 / Section 15-775A.5
Bond - Sureties
Status: in_force

The applicant shall, at the time of making application, file

with and have approved by the Attorney General a bond in which the

applicant shall be the principal obligor, in the sum of Ten Thousand

Dollars ($10,000.00) with one or more sureties whose liability is

the aggregate as such sureties shall at least equal the said sum.

The said bond shall run to the Attorney General for the use of the

state and to any person who may have a cause of action against the

obligor of said bond for any violation of the act.
Okla. Stat. tit. 15, § 15-425 — OK Code / Title 15 / Section 15-425
Several persons means each
Status: in_force

An agreement to indemnify several persons applies to each,

unless a contrary intention appears.
Okla. Stat. tit. 15, § 15-292 — OK Code / Title 15 / Section 15-292
Title and increase belong to lender
Status: in_force

A loan for use does not transfer the title to the thing; and all

its increase during the period of the loan belongs to the lender.
Okla. Stat. tit. 15, § 15-54 — OK Code / Title 15 / Section 15-54
Consent deemed obtained through invalidating causes, when
Status: in_force

Consent is deemed to have been obtained through one of the

causes mentioned in the last section, only when it would not have

been given had such cause not existed.
Okla. Stat. tit. 15, § 15-910.1 — OK Code / Title 15 / Section 15-910.1
Definitions
Status: in_force

As used in the Defective Assistive Device Act:

1. "Assistive device" means any device, including a

demonstrator, that a consumer purchases or accepts transfer of in

this state which is used for a major life activity which includes,

but is not limited to:

a. manual wheelchairs, motorized wheelchairs, motorized

scooters, and other aids that enhance the mobility of

an individual,

b. hearing aids, telecommunications devices for the deaf

(TDD), assistive listening devices, and other aids

that enhance an individual's ability to hear,

c. voice-synthesized computer modules, optical scanners,

talking software, braille printers, and other devices

that enhance a sight-impaired individual's ability to

communicate, and

d. any other assistive device that enables a person with

a disability to communicate, see, hear, or maneuver;

Oklahoma Statutes - Title 15. Contracts Page 215

2. "Assistive device dealer" means a person who is in the

business of selling assistive devices;

3. "Assistive device lessor" means a person who leases an

assistive device to a consumer, or who holds the lessor's rights

under a written lease;

4. "Collateral costs" means expenses incurred by a consumer in

connection with the repair of a nonconformity, including the costs

of obtaining an alternative assistive device;

5. "Consumer" means any of the following:

a. the purchaser of an assistive device, if the assistive

device was purchased from an assistive device dealer

or manufacturer for purposes other than resale,

b. a person to whom the assistive device is transferred

for purposes other than resale, if the transfer occurs

before the expiration of an express warranty

applicable to the assistive device,

c. a person who may enforce the warranty, or

d. a person who leases an assistive device from an

assistive device lessor under a written lease;

6. "Demonstrator" means an assistive device used primarily for

the purpose of demonstration to the public;

7. "Early termination cost" means any expense or obligation

that an assistive device lessor incurs as a result of both the

termination of a written lease before the termination date set forth

in that lease and the return of an assistive device to a

manufacturer pursuant to the Defective Assistive Device Act. Early

termination cost includes a penalty for prepayment under a finance

arrangement;

8. "Early termination saving" means any expense or obligation

that an assistive device lessor avoids as a result of both the

termination of a written lease before that termination date set

forth in that lease and the return of an assistive device to a

manufacturer pursuant to the Defective Assistive Device Act. Early

termination saving includes an interest charge that the assistive

device lessor would have paid to finance the assistive device or, if

the assistive device lessor does not finance the assistive device,

the difference between the total amount for which the lease

obligates the consumer during the period of the lease term remaining

after the early termination and the present value of that amount at

the date of the early termination;

9. "Manufacturer" means a person who manufactures or assembles

assistive devices and agents of that person, including an importer,

a distributor, factory branch, distributor branch and any warrantors

of the manufacturer's assistive device, but does not include an

assistive device dealer;

10. "Nonconformity" means a condition or defect that

substantially impairs the value or safety of an assistive device,

Oklahoma Statutes - Title 15. Contracts Page 216

and that is covered by an express warranty applicable to the

assistive device or to a component of the assistive device, but does

not include a condition or defect that is the result of abuse,

neglect or unauthorized modification or alteration of the assistive

device by a consumer; and

11. "Reasonable attempt to repair" means within the terms of an

express warranty applicable to a new assistive device:

a. any nonconformity within the warranty that is either

subject to repair by the manufacturer, assistive

device lessor or any of the manufacturer's authorized

assistive device dealers for at least four times, and

a nonconformity continues, or

b. the assistive device is out of service for an

aggregate of at least thirty (30) cumulative days

because of warranty nonconformity.
Okla. Stat. tit. 15, § 15-338 — OK Code / Title 15 / Section 15-338
Exoneration of guarantor
Status: in_force

A guarantor is exonerated, except so far as he may be

indemnified by the principal, if by any act of the creditor, without

the consent of the guarantor, the original obligation of the

principal is altered in any respect, or the remedies or rights of

the creditor against the principal, in respect thereto, in any way

impaired or suspended.
Okla. Stat. tit. 15, § 15-599.5 — OK Code / Title 15 / Section 15-599.5
Renumbered as Title 68, § 330 by Laws 1981, c. 211, § 7,
Status: in_force

emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-343 — OK Code / Title 15 / Section 15-343
Liability of indemnified guarantor
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 96

A guarantor, who has been indemnified by the principal, is

liable to the creditor to the extent of the indemnity,

notwithstanding that the creditor, without the assent of the

guarantor, may have modified the contract or released the principal.
Okla. Stat. tit. 15, § 15-466 — OK Code / Title 15 / Section 15-466
Bailee for hire - Ordinary care required
Status: in_force

A bailee for hire must use at least ordinary care for the

preservation of the thing bailed.
Okla. Stat. tit. 15, § 15-1011 — OK Code / Title 15 / Section 15-1011
Construction of power relating to business operating
Status: in_force

transactions.

CONSTRUCTION OF POWER RELATING TO BUSINESS OPERATING TRANSACTIONS

In a statutory power of attorney, the language granting power

with respect to business operating transactions empowers the agent

to:

1. Operate, buy, sell, enlarge, reduce, and terminate a

business interest;

2. To the extent that an agent is permitted by law to act for a

principal and subject to the terms of the partnership agreement, to:

a. perform a duty or discharge a liability and exercise a

right, power, privilege, or option that the principal

has, may have, or claims to have, under a partnership

agreement, whether or not the principal is a partner,

b. enforce the terms of a partnership agreement by

litigation or otherwise, and

c. defend, submit to arbitration, settle, or compromise

litigation to which the principal is a party because

of membership in the partnership;

3. Exercise in person or by proxy, or enforce by litigation or

otherwise, a right, power, privilege, or option the principal has or

claims to have as the holder of a bond, share, or other instrument

Oklahoma Statutes - Title 15. Contracts Page 228

of similar character and defend, submit to arbitration, settle, or

compromise litigation to which the principal is a party because of a

bond, share, or similar instrument;

4. With respect to a business owned solely by the principal:

a. continue, modify, renegotiate, extend, and terminate a

contract made with an individual or a legal entity,

firm, association, or corporation by or on behalf of

the principal with respect to the business before

execution of the power of attorney,

b. determine:

(1) the location of its operation,

(2) the nature and extent of its business,

(3) the methods of manufacturing, selling,

merchandising, financing, accounting, and

advertising employed in its operation,

(4) the amount and types of insurance carried,

(5) the mode of engaging, compensating, and dealing

with its accountants, attorneys, and other agents

and employees,

c. change the name or form of organization under which

the business is operated and enter into a partnership

agreement with other persons or organize a corporation

to take over all or part of the operation of the

business, and

d. demand and receive money due or claimed by the

principal or on the principal's behalf in the

operation of the business, and control and disburse

the money in the operation of the business;

5. Put additional capital into a business in which the

principal has an interest;

6. Join in a plan of reorganization, consolidation, or merger

of the business;

7. Sell or liquidate a business or part of it at the time and

upon the terms the agent considers desirable;

8. Establish the value of a business under a buy-out agreement

to which the principal is a party;

9. Prepare, sign, file, and deliver reports, compilations of

information, returns, or other papers with respect to a business

which are required by a governmental agency or instrumentality or

which the agent considers desirable, and make related payments; and

10. Pay, compromise, or contest taxes or assessments and do any

other act which the agent considers desirable to protect the

principal from illegal or unnecessary taxation, fines, penalties, or

assessments with respect to a business, including attempts to

recover, in any manner permitted by law, money paid before or after

the execution of the power of attorney.
Okla. Stat. tit. 15, § 15-237 — OK Code / Title 15 / Section 15-237
Written contract altered, how
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 70

A contract in writing may be altered by a contract in writing,

or by an executed oral agreement, and not otherwise.
Okla. Stat. tit. 15, § 15-776.21 — OK Code / Title 15 / Section 15-776.21
Short title
Status: in_force

This act shall be known and may be cited as the “Anti-Caller ID

Spoofing Act”.