reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.5. Commercial electronic mail – Definitions.

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,
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.
Added by Laws 2003, c. 129, § 1, eff. Nov. 1, 2003. Amended by Laws 2003, c. 310, § 1, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.6. Commercial electronic messages – Violations.

A. It shall be a violation of this act for any person to transmit a commercial electronic mail message that:
1. Falsifies electronic mail transmission information or other routing information for the unsolicited commercial electronic message; or
2. Contains false or misleading information in the subject line.
B. It shall be a violation of this act for any person that sends a commercial electronic mail message to use a third party’s internet address or domain name without the third party’s consent for the purpose of transmitting electronic mail in a way that makes it appear that the third party was the sender of such mail.
C. It shall be a violation of this act for any person that sends an unsolicited commercial electronic mail message to fail to use the exact characters “ADV:” as the first four characters in the subject line of an unsolicited commercial electronic mail message.
D. It shall be a violation of this act for any person that sends an unsolicited commercial electronic mail message containing sexually explicit material, or advertising sexually explicit goods or services, to fail to use the exact characters “ADV-ADULT:” as the first ten characters in the subject line of such an unsolicited commercial electronic mail message.
E. It shall be a violation of this act for any person that sends an unsolicited commercial electronic mail message to fail to provide a mechanism allowing recipients to easily and at no cost remove themselves from the sender’s electronic mail address lists so they are not included in future mailings. A sender of an unsolicited commercial electronic mail message shall remove the recipient from their electronic mail message list if the sender receives an electronic mail message from the recipient to the sender-operated return electronic mail address that indicates anywhere in the subject line or text that the recipient wants their name removed from the list of the sender.
Added by Laws 2003, c. 129, § 2, eff. Nov. 1, 2003. Amended by Laws 2003, c. 310, § 2, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.7. Unsolicited commercial electronic messages – Civil action – Damages, costs, attorney fees.

A. Any person whose property or person is injured by reason of a violation of any provision of this act may recover any damages sustained and the costs of suit. Without limiting the generality of the term, “damages” shall include loss of profits.
B. If the injury arises from the transmission of unsolicited or commercial electronic mail messages, the injured person, other than an electronic mail service provider, may also recover attorneys’ fees and costs, and may elect, in lieu of actual damages, to recover the lesser of Ten Dollars ($10.00) for each and every unsolicited commercial 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, which merely transmits the unsolicited commercial electronic mail message over its computer network.
C. If the injury arises from the transmission of unsolicited or commercial electronic mail messages, an injured electronic mail service provider may also recover attorneys’ fees and costs and may elect, in lieu of actual damages, to recover the greater of Ten Dollars ($10.00) for each and every unsolicited commercial electronic mail message transmitted in violation of this act, or Twenty-five Thousand Dollars ($25,000.00) per day.
D. All acts and practices declared to be unlawful in Section 2 of this act shall, in addition, be violations of the Oklahoma Consumer Protection Act.
E. 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 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.
F. An e-mail service provider does not violate this section and the injured party shall not have a cause of action against an electronic mail provider due to the fact that the electronic mail provider:
1. Is an intermediary between the sender and recipient in the transmission of an electronic mail message that violates this section; or
2. Provides transmission of unsolicited commercial electronic mail messages over the provider’s computer network or facilities, or shall be liable for any action it voluntarily takes in good faith to block the receipt or transmission through its service of any electronic mail advertisements that it believes is, or will be sent, in violation of this section.
Added by Laws 2003, c. 129, § 3, eff. Nov. 1, 2003. Amended by Laws 2003, c. 310, § 3, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.9. Definitions.

As used in the Anti-Phishing Act:
1. "Electronic mail" means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or other information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen those items;
2. "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered;
3. "Identifying information" means information that alone or in conjunction with other information identifies an individual, including but not limited to:
a.
name, social security number, date of birth, and government-issued identification number,
b.
unique biometric data, including the fingerprint, voice print, and retina or iris image of an individual,
c.
unique electronic identification number, address, and routing code, financial institution account number, and
d.
telecommunication identifying information or access device;
4. "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service, assigned through a centralized Internet naming authority and composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy; and
5. "Web page" means a location that has a single uniform resource locator (URL) with respect to the world wide web or another location that can be accessed on the Internet.
Added by Laws 2006, c. 56, § 4, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.10. Fraudulent use of web page or Internet domain name.

A person may not, with the intent to engage in conduct involving the fraudulent use or possession of the identifying information of a person:
1. Create a web page or Internet domain name that is represented as a legitimate online business without the authorization of the registered owner of the business; and
2. Use that web page or a link to the web page, that domain name, or another site on the Internet to induce, request, or solicit another person to provide identifying information for a purpose that the other person believes is legitimate.
Added by Laws 2006, c. 56, § 5, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.11. Civil action – Standing – Remedies – Attorney fees and costs – Nature of violations.

A. The following persons may bring a civil action against a person who violates the Anti-Phishing Act:
1. A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation; or
2. An owner of a web page or trademark who is adversely affected by the violation.
B. A person bringing an action under this Act may:
1. Seek injunctive relief to restrain the violator from continuing the violation;
2. Recover damages in an amount equal to the greater of:
a.
actual damages arising from the violation, or
b.
One Hundred Thousand Dollars ($100,000.00) for each violation of the same nature; or
3. Seek both injunctive relief and recover damages as provided for in this subsection.
C. The court may increase an award of actual damages in an action brought under this section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with a frequency as to constitute a pattern or practice.
D. A plaintiff who prevails in an action filed under this section is entitled to recover reasonable attorney fees and court costs.
E. For purposes of this section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
F. All acts and practices declared to be unlawful under this Act shall, in addition, be violations of the Oklahoma Consumer Protection Act.
Added by Laws 2006, c. 56, § 6, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.20. Legislative findings.

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.
Added by Laws 2007, c. 107, § 1, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.22. Definitions.

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;
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.
Added by Laws 2007, c. 107, § 3, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.23. Unlawful acts - Exceptions - Penalties.

A. A caller may not knowingly insert false information into a caller identification system with the intent to mislead, defraud or deceive the recipient of a telephone call.
B. The provisions of this section shall not apply to:
1. Any blocking of caller identification information;
2. Any law enforcement agencies of the federal government, the state government, a county or a municipality; or
3. Any intelligence or security agencies of the federal government.
C. Any person who knowingly inserts false information with the intent to mislead, defraud or deceive the recipient of a telephone call into a caller identification system shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned in the county jail for not more than one (1) year or fined not more than Ten Thousand Dollars ($10,000.00) per incident, or by both such fine and imprisonment.
D. All acts and practices declared to be unlawful in this section shall, in addition, be violations of the Oklahoma Consumer Protection Act.
Added by Laws 2007, c. 107, § 4, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 15. Contracts › §15-777.1. Short title.

This act shall be known and may be cited as the "Emergency Price Stabilization Act".
Added by Laws 1999, c. 154, § 1, emerg. eff. May 13, 1999.
NOTE: Editorially renumbered from § 776.1 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 15. Contracts › §15-777.2. Definitions.

As used in the Emergency Price Stabilization Act:
1. "Dwelling unit" means any structure or part of a structure which is used as a home, residence, or sleeping place by one or more persons and includes, but is not limited to, lodging establishments, hotels, motels, boarding houses, inns, single-family residences, duplexes, and apartments;
2. "Emergency" means any occasion or instance including, but not limited to, any natural disaster such as a tornado, storm, high water, earthquake, landslide, mudslide, snowstorm, or drought, and regardless of cause, any fire, flood, or explosion, determined by the Governor of this state or by the President of the United States to require extraordinary measures to save lives, to protect property, or to promote public health and safety, or to lessen or avert the threat of a catastrophe. "Emergency" includes a civil defense or disaster emergency as defined by the Oklahoma Civil Defense and Emergency Resources Management Act of 1967 and any emergency or major disaster as defined by any federal disaster relief act;
3. "Emergency area" means the county or counties affected by an emergency, any county or part of a county specifically identified in a declaration of emergency issued by the Governor of this state or by the President of the United States, and all counties contiguous with the affected county;
4. "Goods" means all things which are movable at the time of sale, rental, or lease other than the money with which the price is to be paid and includes any services which are incidental to the sale of the goods; and
5. "Services" means any duty or labor to be rendered by one person to another and includes any goods which are incidental to the performance of the service. "Services" also includes, but is not limited to:
a.
the sale of utilities including, but not limited to, electricity, natural gas, telecommunications, and cable television,
b.
the sale, rental, or lease of transportation, freight, carriage, moving, and storage, and
c.
the rental or lease of vehicles, trailers, and other equipment.
Added by Laws 1999, c. 154, § 2, emerg. eff. May 13, 1999.
NOTE: Editorially renumbered from § 776.2 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 15. Contracts › §15-777.3. Limitation of action.

An action to enforce the provisions of this act may be filed at any time within one (1) year following the expiration or termination of a declaration of emergency or any modifications or extensions thereof.
Added by Laws 1999, c. 154, § 3, emerg. eff. May 13, 1999.
NOTE: Editorially renumbered from § 776.3 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 15. Contracts › §15-777.4. Maximum permitted price or rate for sale, rent, or lease of goods, services, dwelling units, or storage space - Application of section.

A. No person for the duration of a declaration of emergency by the Governor of this state or by the President of the United States and for thirty (30) days thereafter shall sell, rent, or lease, or offer to sell, rent, or lease, for delivery in the emergency area, any goods, services, dwelling units, or storage space in the emergency area at a rate or price which is more than ten percent (10%) above the rate or price charged by the person for the same or similar goods, services, dwelling units, or storage spaces immediately prior to the declaration of emergency unless the increase in the rate or price is attributable:
1. To price increases in petroleum and natural gas commodity markets; or
2. Only to factors unrelated to the emergency and does not include any increase in profit to the seller or owner.
B. Upon the expiration of the period described in subsection A of this section and for one hundred eighty (180) days thereafter, no person shall, within the emergency area, rent or lease or offer to rent or lease any dwelling unit or storage space or sell or offer to sell goods for use within the emergency area to repair, restore, remodel, or construct any dwelling unit for a price of more than ten percent (10%) above the price charged by that person for the dwelling unit, storage space, or goods immediately prior to the declaration of emergency unless the increase in the price is attributable to:
1. Price increases in petroleum and natural gas commodity markets; or
2. Factors unrelated to the emergency and does not include any increase in profit to the seller or owner.
C. A rate or price increase approved by the appropriate governmental agency is not a violation of this act.
D. This section shall not apply to growers, producers, or processors of raw or processed food products, except for retail sales of such products to a consumer.
E. This section shall not apply to sales, rentals, or leases of goods from a catalog when the catalog is made available in the normal course of business both prior to and after the declaration of emergency to all persons regardless of location in the emergency area.
F. This section shall not apply to advertised rates and prices which are subject to a published expiration date within or immediately prior to the declaration of emergency.
Added by Laws 1999, c. 154, § 4, emerg. eff. May 13, 1999. Amended by Laws 2008, c. 74, § 1, emerg. eff. April 22, 2008;
Laws 2023, c. 181, § 1, emerg. eff. May 2, 2023.
NOTE: Editorially renumbered from § 776.4 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 15. Contracts › §15-777.5. Violations.

Any violation of the provisions of this act is a violation of the Oklahoma Consumer Protection Act.
Added by Laws 1999, c. 154, § 5, emerg. eff. May 13, 1999.
NOTE: Editorially renumbered from § 776.5 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 15. Contracts › §15-782. Legislative findings and intent.

The Legislature finds that certain practices result in increased costs to certain consumers, threaten the availability of pharmaceutical services to the public, are unfair to providers of pharmaceutical services, and are burdensome and costly to those providers. The Legislature further finds that there is a need for regulation of certain practices engaged in by some third party prescription program administrators.
Added by Laws 1983, c. 258, § 2, operative July 1, 1983.
2023 Oklahoma Statutes › Title 15. Contracts › §15-783. Exemptions.

The Third Party Prescription Act shall not apply to any services rendered pursuant to provisions of the vendor drug program authorized by Sections 204 and 204.1 of Title 56 of the Oklahoma Statutes. The Third Party Prescription Act shall not apply to an insurance company which is licensed to transact insurance business in this state and/or administers its own prescription drug program.
Added by Laws 1983, c. 258, § 3, operative July 1, 1983.
2023 Oklahoma Statutes › Title 15. Contracts › §15-784. Third party prescription program defined.

As used in the Third Party Prescription Act, the term "third party prescription program" means any system of providing for the reimbursement of pharmaceutical goods and services under a contractual arrangement or agreement between a provider of such goods and services and another party who is not the consumer of those goods and services. Such programs may include, but not be limited to, insurance plans which provide coverage for prescription drugs or other pharmaceutical services.
Added by Laws 1983, c. 258, § 4, operative July 1, 1983.
2023 Oklahoma Statutes › Title 15. Contracts › §15-785. Requirements for instituting third party prescription 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.
Added by Laws 1983, c. 258, § 5, operative July 1, 1983.
2023 Oklahoma Statutes › Title 15. Contracts › §15-786. Identification cards - Ineligibility - Notice.

A. All persons enrolled in a third party prescription program shall be issued an identification card by the administrator of the program which shall be presented when obtaining services from a pharmacy.
B. In the event that a person uses a program identification card to obtain goods and services from a pharmacy when they are no longer eligible for prescription drug services, the administrator shall make one good faith payment for one claim to a pharmacy.
C. Notification of a pharmacy of the ineligibility of a person shall be given by indicating this on the payment voucher on which a good faith payment has been made.
Added by Laws 1983, c. 258, § 6, operative July 1, 1983.
2023 Oklahoma Statutes › Title 15. Contracts › §15-787. Payments.

A. No administrator of a third party prescription program shall deny payment to a pharmacy for goods and services which may have resulted from the fraudulent or illegal use of an identification card by any person unless the pharmacy has been notified that the card has been canceled or discontinued.
B. No administrator of a third party prescription program shall withhold a payment to any pharmacy beyond the time period specified in the payment schedule provisions of the agreement. Individual claims for payment may be returned to the pharmacy if such claims are incomplete or illegible. Such claims may be resubmitted by the pharmacy to the administrator of the program after appropriate corrections have been made.
Added by Laws 1983, c. 258, § 7, operative July 1, 1983.
2023 Oklahoma Statutes › Title 15. Contracts › §15-788. Reimbursement rate - Right to participate in third party prescription program.

A. No agreement between a program administrator and a pharmacy shall establish reimbursement rates or procedures that result in the reimbursement for goods or services relating to persons covered by the plan which are less than the prevailing rates paid by ordinary consumers for the same or similar legend or nonlegend drugs and pharmaceutical services.
B. The reimbursement rate shall be limited to the maximum of the ninetieth percentile of the range of prevailing rates charged by Oklahoma pharmacies, and shall be determined each year.
C. No third party prescription program administrator shall deny any pharmacy the opportunity to participate in any third party prescription program offered in this state in a manner which will restrain the right of a consumer to select a pharmacy.
Added by Laws 1983, c. 258, § 8, operative July 1, 1983.
2023 Oklahoma Statutes › Title 15. Contracts › §15-796. Definitions.

As used in the Gift Certificate and Gift Card Disclosure Act:
1. “Gift card” shall mean a plastic card or other electronic payment device which is:
a.
issued in a predenominated amount or in an amount requested by the consumer,
b.
usable to purchase goods and/or services only at a single merchant or group of merchants that are affiliated through common corporate ownership or control, and
c.
purchased by a consumer on a prepaid basis in exchange for payment;
2. “Gift certificate” shall mean a written promise which is:
a.
issued in a specified amount, indicated on its face, and cannot be increased in value,
b.
usable to purchase goods and/or services only at a single merchant or a group of merchants that are affiliated through common corporate ownership or control, and
c.
purchased by a consumer on a prepaid basis in exchange for payment;
3. “Issuer” shall mean a person or entity engaged in the business of offering goods and/or services for sale at retail who sells gift certificates or gift cards to consumers; and
4. “Prepaid service arrangement” shall mean a method to purchase specific services in advance and which enables the use of the service through a unique access number or authorization code provided manually or electronically to the service provider.
Added by Laws 2005, c. 233, § 2, eff. Nov. 1, 2005. Amended by Laws 2006, c. 59, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 15. Contracts › §15-798. Gift certificate or gift card value – Trust property.

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
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.
Added by Laws 2005, c. 233, § 4, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 15. Contracts › §15-798.1. Exemptions.

For the purposes of this act, the term “gift certificate” or “gift card” shall not include any of the following:
1. Prepaid telephone calling cards that are purchased for retail use;
2. Telephone calling cards that are provided on a promotional basis; or
3. Any prepaid service arrangement.
Added by Laws 2005, c. 233, § 5, eff. Nov. 1, 2005. Amended by Laws 2006, c. 59, § 3, eff. Nov. 1, 2006.
NOTE: Editorially renumbered from § 798 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 15. Contracts › §15-799A.2. Definitions.

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 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.
Added by Laws 2022, c. 378, § 2, eff. Jan. 1, 2023.
2023 Oklahoma Statutes › Title 15. Contracts › §15-799A.5. Reporting mechanism for consumers.

An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third-party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
Added by Laws 2022, c. 378, § 5, eff. Jan. 1, 2023.
2023 Oklahoma Statutes › Title 15. Contracts › §15-799A.6. Notice and suspension of sales activity.

If a high-volume third-party seller does not comply with the requirements to provide and disclose information under this act, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than ten (10) calendar days after the issuance of such notice, suspend any future sales activity of such seller until the seller complies with such requirements.
Added by Laws 2022, c. 378, § 6, eff. Jan. 1, 2023.
2023 Oklahoma Statutes › Title 15. Contracts › §15-799A.7. Attorney General – Civil action authority.

A. If the Attorney General has reason to believe that any online marketplace has violated or is violating this act or a regulation promulgated under this act that affects one or more residents of this state, the Attorney General may bring a civil action in district court to:
1. Enjoin further violation by the defendant;
2. Enforce compliance with this act or such regulation;
3. Obtain civil penalties in the amount set under regulations promulgated under this act;
4. Obtain other remedies permitted under state law; or
5. Obtain damages, restitution, or other compensation on behalf of residents of this state.
B. For purposes of bringing a civil action under subsection A of this section, nothing in this act shall be construed to prevent the Attorney General from exercising the powers conferred on the Attorney General by the laws of this state to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
C. If no federal law that requires online marketplaces to verify and disclose information as described in this act goes into effect prior to January 1, 2023, the Attorney General may promulgate rules necessary to implement and enforce this act.
Added by Laws 2022, c. 378, § 7, eff. Jan. 1, 2023.
2023 Oklahoma Statutes › Title 15. Contracts › §15-799A.8. Prohibited from imposing certain requirements on online 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.
Added by Laws 2022, c. 378, § 8, eff. Jan. 1, 2023.
2023 Oklahoma Statutes › Title 15. Contracts › §15-821. Unenforceable contract provisions.

A. This act shall not apply to any contract relating to a single-, two-, three-, or four-family dwelling.
B. The following are against this state’s public policy and are void and unenforceable:
1. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state; and
2. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that disallows or alters the rights of any contractor or subcontractor to receive and enforce any and all rights under this act.
Added by Laws 2010, c. 208, § 2, emerg. eff. May 5, 2010.
2023 Oklahoma Statutes › Title 15. Contracts › §15-901.1. Lemon Law Buyback certificate of title notation.

Any manufacturer who reacquires or assists a dealer or lienholder to reacquire a motor vehicle registered in this state, prior to any sale, lease, or transfer of the vehicle in this state, or prior to exporting the vehicle to another state for sale, lease, or transfer if the vehicle was registered in this state and reacquired pursuant to this section or Section 901 of this title shall:
1. Cause the vehicle to be retitled in the name of the manufacturer; and
2. Request the Oklahoma Tax Commission to brand the certificate of title with the notation "Lemon Law Buyback". Any branding of a title as a "Lemon Law Buyback" shall remain permanently on the title.
Added by Laws 2009, c. 279, § 3, eff. Nov. 1, 2009. Amended by Laws 2019, c. 162, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 15. Contracts › §15-902. Installation or reinstallation of object in lieu of airbag - Violation - Penalty.

Any person who knowingly, without the owner's written consent, installs or reinstalls any object in lieu of an airbag that was designed in accordance with federal safety regulations for the make, model, and year of vehicle, as part of a vehicle inflatable restraint system, is guilty of a misdemeanor punishable by a fine of up to Five Thousand Dollars ($5,000.00) per offense, or by confinement in the county jail for up to one (1) year, or by both fine and confinement.
Added by Laws 2002, c. 320, § 1, eff. July 1, 2002.
2023 Oklahoma Statutes › Title 15. Contracts › §15-910.2. Manufacturer warranty - Repairs.

A. A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty shall be not less than one (1) year after first delivery of the assistive device to the consumer. In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of an assistive device that, for a period of one (1) year from the date of first delivery to the consumer, the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer.
B. If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before one (1) year after return delivery of the assistive device to a consumer, the nonconformity shall be repaired at no charge to the consumer.
C. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement set forth under Section 4 of this act.
Added by Laws 1996, c. 31, § 3, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 15. Contracts › §15-910.3. Required actions of manufacturer after failure to repair - Refunds.

A. If, after a reasonable attempt to repair, the nonconformity is not repaired, then at the direction of a consumer described under subparagraph a, b or c of paragraph 5 of Section 2 of this act, the manufacturer shall do one of the following:
1. Accept return of the assistive device and replace the assistive device with a comparable new assistive device and refund any collateral costs; or
2. Accept return of the assistive device and refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device, as their interest may appear, the full purchase price plus any finance charge amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, the denominator of which is one thousand eight hundred twenty-five (1,825) and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer.
B. 1. With respect to a consumer described under subparagraph d of paragraph 5 of Section 2 of this act, accept return of the assistive device, refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use.
2. The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value less the assistive device lessor's early termination savings.
3. A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand eight hundred twenty-five (1,825) and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, assistive device lessor or assistive device dealer.
Added by Laws 1996, c. 31, § 4, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 15. Contracts › §15-910.4. Receipt of new assistive device or refund - Actions required of consumer - Sale or lease of returned assistive devices.

A. To receive a comparable new assistive device or a refund due under Section 4 of this act, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than thirty (30) days after that offer, the manufacturer shall provide the consumer with the comparable assistive device or refund. When the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.
B. To receive a refund due under subsection B of Section 4 of this act, a consumer described under subparagraph d of paragraph 5 of Section 2 of this act shall offer to return the assistive device having the nonconformity to its manufacturer. No later than thirty (30) days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the assistive device having the nonconformity.
C. To receive a refund due under subsection B of Section 4 of this act, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer. No later than thirty (30) days after that offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
D. No person shall enforce the lease against the consumer after the consumer receives a refund due under subsection B of Section 4 of this act.
E. No assistive device returned by a consumer or assistive device lessor in this state, or by a consumer or assistive device lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
Added by Laws 1996, c. 31, § 5, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 15. Contracts › §15-910.5. Right to alternate arbitration - Construction of act - Waiver - Actions for damages.

A. Each consumer shall have the option of submitting any dispute arising under the Defective Assistive Device Act to alternate arbitration, and all manufacturers shall submit to such alternate arbitration pursuant to the Dispute Resolution Act, Section 1801 et seq. of Title 12 of the Oklahoma Statutes.
B. The Defective Assistive Device Act shall not be construed to limit rights or remedies available to a consumer under any other law.
C. Any waiver by a consumer of rights under this section is void.
D. In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of the Defective Assistive Device Act. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
Added by Laws 1996, c. 31, § 6, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 15. Contracts › §15-952. Purpose.

The purpose of the Aftermarket Crash Parts Regulation Act is to regulate the use of aftermarket crash parts by:
1. requiring disclosure when any use is proposed of an aftermarket, non-original equipment manufacturer's crash part; and
2. requiring that the manufacturers of such aftermarket crash parts be identified.
Added by Laws 1991, c. 161, § 2, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-953. Definitions.

For purposes of the Aftermarket Crash Parts Regulation Act:
1. "Insurer" means an insurance company authorized to do business in our state and any person authorized to represent the insurer with respect to a claim;
2. "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;
3. "Non-original equipment manufacturer aftermarket crash part" means aftermarket crash parts not made for or by the manufacturer of the motor vehicle;
4. "Repair facility" means any motor vehicle dealer, garage, body shop or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle; and
5. "Installer" means any person who actually does the work of replacing or repairing parts of a motor vehicle.
Added by Laws 1991, c. 161, § 3, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-954. Manufacturer's logo or name - Affixing to any aftermarket crash part.

Any aftermarket crash part supplied by a non-original equipment manufacturer for use in this state after September 1, 1991, shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. Such manufacturer's logo or name shall be visible after installation whenever practicable.
Added by Laws 1991, c. 161, § 4, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 15. Contracts › §15-955. Use of non-original equipment manufacturer aftermarket 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."
Added by Laws 1991, c. 161, § 5, eff. Sept. 1, 1991.