reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 15. Contracts › §15-754. Exemptions.

Nothing in the Oklahoma Consumer Protection Act shall apply to:
1. Publishers, broadcasters, printers or other persons insofar as an unlawful practice as defined in Section 753 of this title involves information that has been disseminated or reproduced on behalf of others without knowledge that it is an unlawful practice;
2. Actions or transactions regulated under laws administered by the Corporation Commission or any other regulatory body or officer acting under statutory authority of this state or the United States, or to acts done by retailers or other persons acting in good faith on the basis of information or matter supplied by others and without knowledge of the deceptive character of such information or matter; and
3. The collection of monies denominated as gross receipts tax on mixed beverages, sales tax or use tax, or asserted injuries or damages that are monies that have been collected as, or denominated as, gross receipts tax on mixed beverages, sales tax or use tax, and which have been remitted to the Oklahoma Tax Commission or other governmental taxing authority.
Added by Laws 1972, c. 227, § 4, operative Sept. 1, 1972. Amended by Laws 2017, c. 382, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 15. Contracts › §15-755.2. Contracts - Calls from automatic dial answering devices - Voidability.

A contract or agreement to purchase any consumer goods or services pursuant to an unsolicited telephone call or message, including a cellular telephone call or text message, made by an automatic dial announcing device conveying a prerecorded or synthesized voice message or an automatic dialing device with electronic text message delivery capabilities and without the use of a live operator in violation of the Oklahoma Consumer Protection Act shall be voidable at the option of the consumer, unless it has been memorialized in writing and signed by the consumer.
Added by Laws 1991, c. 312, § 4, eff. July 1, 1991. Amended by Laws 2011, c. 369, § 1, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-757. Investigations.

A. When the Attorney General or a district attorney has reason to believe a person has engaged in, is engaging in or is about to engage in any practice declared to be unlawful by Section 753 of this title, and he believes it to be in the public interest that an investigation should be made to ascertain whether a person has in fact engaged in, is engaging in or is about to engage in any such practice, he may execute in writing and cause to be served upon any such person who is believed to have information, documentary material or physical evidence relevant to the alleged violation an investigative demand requiring such person to furnish, under oath or otherwise, a report in writing setting forth the nonprivileged relevant facts and circumstances of which he has knowledge, or to appear and testify, or to produce relevant nonprivileged documentary material or physical evidence for examination at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, offering for sale, sale or distribution of any subject of a consumer transaction or the conduct of any trade or commerce that is the subject matter of the investigation.
B. At any time before the return date specified in an investigative demand, or within twenty (20) days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or to set aside the demand, stating good cause, may be filed in the district court of the county where the person served with the demand resides or has his principal place of business, or in the district court of Oklahoma County, Oklahoma. At any time, an extension of the return date or a modification or setting aside of the demand may be made by agreement of the parties.
Amended by Laws 1982, c. 74, § 1, operative Oct. 1, 1982.
2023 Oklahoma Statutes › Title 15. Contracts › §15-758. Subpoenas, hearings, rules and regulations.

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.
Added by Laws 1972, c. 227, § 8, operative Sept. 1, 1972. Amended by Laws 1982, c. 74, § 2, operative Oct. 1, 1982; Laws 1999, c. 325, § 1, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 15. Contracts › §15-760. Enforcement of notice, demand or subpoena powers.

The district court of the county where the person served with any notice, demand or subpoena resides or has his principal place of business or the district court of Oklahoma County, Oklahoma, may enforce compliance with any notice, demand or subpoena under this act by order, the noncompliance with which shall be treated the same as contempt of said court.
Laws 1972, c. 227, § 10, operative Sept. 1, 1972.
2023 Oklahoma Statutes › Title 15. Contracts › §15-762. Additional powers and duties.

A. In addition to all other powers and duties as set forth in this act, the Attorney General may do any or all of the following and upon request receive the assistance of any department, division or branch of state government:
1. Coordinate consumer protection activities within state government and maintain a liaison with federal and local governments concerning the interests of consumers and businessmen;
2. Study the operation of any existing or proposed law affecting the consumer interest and make recommendations to the Governor and Legislature;
3. Conduct studies, investigations and research in matters affecting consumer interest;
4. Submit an annual report of activities to the legislative and executive branches of state government; and
5. Do those things necessary to implement the purpose of this act.
B. The Attorney General shall have the powers of a district attorney to investigate and prosecute suspected violations of consumer laws.
Added by Laws 1972, c. 227, § 12, operative Sept. 1, 1972. Amended by Laws 1999, c. 325, § 2, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 15. Contracts › §15-765.1. Short title - Construction of violations.

Sections 3 through 5 of this act shall constitute a part of the Oklahoma Consumer Protection Act and shall be known and may be cited as the "Home Repair Fraud Act".
Any violation of the Home Repair Fraud Act shall constitute an unlawful business practice and shall be subject to the provisions of the Oklahoma Consumer Protection Act.
Added by Laws 1988, c. 161, § 3, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 15. Contracts › §15-765.2. Definitions - Application of act.

A. As used in the Home Repair Fraud Act:
1. "Home repair" means the fixing, replacing, altering, converting, modernizing, improving of or the making of an addition to any real property primarily designed or used as a residence.
Home repair shall include, but not be limited to, the construction, installation, replacement or improvement of driveways, swimming pools, porches, roofs, siding, kitchens, chimneys, chimney liners, garages, outbuildings or storage sheds, fences, fallout shelters, air conditioning systems, heating systems, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, floor or attic bracing, moisture control, and other improvements to residential structures or upon the land adjacent thereto.
Home repair shall not include the sale, installation, cleaning or repair of carpets; the sale of goods or materials by a merchant who does not directly or through a subsidiary perform any work or labor in connection with the installation or application of the goods or materials; the repair, installation, replacement or connection of any home appliance including but not limited to disposals, refrigerators, ranges, garage door openers, television antennas, washing machines, telephones or other home appliances when the person replacing, installing, repairing or connecting such home appliance is an employee or agent of the merchant that sold the home appliance; or landscaping; and
2. "Residence" means a single or multiple family dwelling, including but not limited to a single family home, apartment building, condominium, duplex or townhouse which is used or intended to be used by its occupants as their dwelling place.
B. Nothing in the Home Repair Fraud Act shall be construed to apply to original construction of single or multiple family residence.
Added by Laws 1988, c. 161, § 4, eff. Nov. 1, 1988. Amended by Laws 1997, c. 16, § 1, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 15. Contracts › §15-765.3. Acts constituting fraud.

A person commits the offense of home repair fraud if the person knowingly or with reason to know:
1. enters into a consumer transaction for home repair and knowingly or with reason to know:
a.
misrepresents a material fact relating to the terms of the consumer transaction or the preexisting or existing condition of any portion of the property involved, or creates or confirms an impression of the consumer which is false and which the violator does not believe to be true, or promises performance which the violator does not intend to perform or knows will not be performed; or
b.
uses or employs any deception, false pretense or false promises in order to induce, encourage or solicit such consumer to enter into any consumer transaction; or
c.
requires payment for the home repair at a price which unreasonably exceeds the value of the services and materials needed for the home repair;
2. damages the property of a person with the intent to enter into a consumer transaction for home repair; or
3. misrepresents himself or another to be an employee or agent of any unit of the federal, state, county, or municipal government, or an employee or agent of any public utility, with the intent to cause a person to enter into, with himself or another, any consumer transaction for home repair.
Added by Laws 1988, c. 161, § 5, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 15. Contracts › §15-765.4. Inspection and removal of mold.

Any person or entity that inspects houses for mold shall not also render service for removing the mold; provided that, if the total cost of the inspection and removal does not exceed Two Hundred Dollars ($200.00), the consumer may consent to the inspection and removal by the same person or entity.
Added by Laws 2004, c. 425, § 1, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 15. Contracts › §15-766. Application of closing out provisions.

The provisions of this act relating to closing out sales shall not apply to any forced sale of goods, wares or merchandise required to be sold under order of any federal or state court, nor to farm sales, community sales or to auction sales of farm or nursery products, nor to the discontinuance of a particular line of goods, wares or merchandise by a person continuing in business at the present location.
Laws 1979, c. 145, § 3.
2023 Oklahoma Statutes › Title 15. Contracts › §15-767. License for closing out sale - Application - Forms - Contents - Affidavits - Fees - Violations.

A. It shall be unlawful for any person to advertise or conduct a closing out sale unless a license is first obtained to conduct such sale. Any applicant for a closing out sale license shall file an application in writing and under oath with the clerk of the district court, on an application form prescribed by the Attorney General. The application form shall contain the following information, and such other information as the Attorney General may require:
1. The name and address of the owner of the goods, wares, or merchandise to be sold;
2. A description of the place of business where the sale is to be held;
3. The name and address of the person holding or conducting the sale;
4. The nature of the occupancy of the place where the sale is to be held, whether by lease or otherwise, and the effective date of termination of the occupancy;
5. A full and complete statement of the facts regarding the proposed sale, including the reason the sale is being conducted, the manner in which the sale will be conducted, and the commencement and termination date of the sale; and
6. A complete and detailed inventory of the goods, wares, and merchandise to be offered at the sale as disclosed by the records of the applicant or a statement of both the cost and retail value of the inventory of goods, wares, and merchandise to be offered at the sale, based on the physical inventory used for the most recent federal income tax returns adjusted for sales, purchases, and markdowns of the applicant. Adjustments for sales, purchases, and markdowns shall be shown on a monthly basis to the date of the application.
B. Each application shall be accompanied by an affidavit signed by the applicant attesting to the facts in the application.
C. A fee of Twenty-five Dollars ($25.00) shall be charged by the clerk of the district court for the issuance of a license.
D. Any person making a false statement in the application, upon conviction, shall be guilty of a felony.
Added by Laws 1979, c. 145, § 4, eff. Oct. 1, 1979. Amended by Laws 1983, c. 103, § 2, eff. Nov. 1, 1983; Laws 1997, c. 133, § 135, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 135 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 15. Contracts › §15-768. District attorney to receive copy of application - Objections - Grounds for denying application.

Upon receipt of an application, the clerk shall forward a copy of the application to the district attorney of the same district the court clerk is located in who may cause an investigation as deemed necessary for the facts contained therein. No license shall be issued by the clerk before ten (10) days has elapsed from the filing of the application within which period the district attorney may file an objection to the application, setting forth one or more of the following facts or circumstances, any one which shall be grounds for denying the application for a license:
1. That the applicant has been granted more than one license for a "closing out sale" within thirty-six (36) months preceding the date of the filing of the application;
2. That the inventory includes goods, wares or merchandise on consignment or purchased by the applicant or added to the stock in contemplation of a closing out sale and for the purpose of selling the same at such sale. For the purpose of this paragraph, any unusual addition to the stock of goods, wares and merchandise made within ninety (90) days prior to the filing of an application, unless so stated and explained in the application, shall be prima facie evidence that such addition was made in contemplation of a closing out sale and for the purpose of selling such stock at the sale;
3. That the applicant, in the ticketing of the goods, wares and merchandise to be offered at the sale, has misrepresented the value and original retail price of the goods; or
4. That any representation made in the application is false.
Added by Laws 1979, c. 145, § 5, eff. Oct. 1, 1979. Amended by Laws 2012, c. 258, § 2, emerg. eff. May 15, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-769. Issuance of license - Conditions on sale.

If it appears to the clerk that all the statements in the application are true, that the proposed sale is of the character represented therein, that the application is in full compliance with the terms and conditions of the Oklahoma Consumer Protection Act, that the required license fee has been paid, and that the ten-day waiting period has expired with no objections from the district attorney, the clerk shall issue a license to the applicant authorizing the advertising and conducting of the sale as described in the application, subject to the following conditions:
1. Only the goods, wares, and merchandise included in the inventory attached to the application shall be sold at the sale;
2. Upon the commencement of the sale and for its duration the license shall be prominently displayed in the place of sale by the licensee;
3. All advertisement of discount prices shall indicate that the prices are discounted from the manufacturer's suggested retail price and the manufacturer's suggested retail price shall be accurately displayed in such advertisements or all advertisements of discount prices shall indicate that the prices are discounted from the regular sales prices at which the merchandise has been offered at the location of the sale for at least sixty (60) days prior to the sale and such regular prices shall be accurately displayed in advertisements where discount prices are advertised by specific dollar amounts or percentage amounts of savings;
4. No closing out sale shall be held at any location other than the regular place of business of the licensee and the licensee shall have conducted business at such location for a period of at least six (6) months; and
5. The licensee shall keep suitable books during the sale, at the location at which the sale is conducted. Daily entries shall be made in said books showing:
a.
dollar amount of retail sales, and
b.
dollar amount of markdowns; for the purposes of the Oklahoma Consumer Protection Act, the term markdowns is the difference between retail and wholesale price of goods wholesaled by the licensee, and
c.
dollar amount, both retail and cost price, of goods on back order received, and
d.
dollar amount of wholesale sale.
The books shall be open for inspection during business hours by appropriate officials responsible for the enforcement of this act.
Amended by Laws 1983, c. 103, § 3, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 15. Contracts › §15-770. Revocation of license.

The district attorney of the district where the application was filed shall revoke any license issued pursuant to the provisions of this act, if he finds that the licensee has:
1. Violated the provisions of this act relating to closing out sales;
2. Made any material misstatement in his application;
3. Failed to include in the inventory required hereunder all the goods, wares and merchandise being offered for sale;
4. Offered or permitted to be offered at the sale any goods, wares or merchandise not included in the inventory attached to the application;
5. Failed to keep suitable records of the sale; or
6. Made or permitted to be made any false or misleading statements or representations in advertising the sale, or in displaying, ticketing, or pricing goods, wares or merchandise offered for sale.
Laws 1979, c. 145, § 7.
2023 Oklahoma Statutes › Title 15. Contracts › §15-771. Appeals.

Any applicant for a license who is aggrieved by the denial, refusal or revocation of a licensee may appeal to the district court 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.
Laws 1979, c. 145, § 8.
2023 Oklahoma Statutes › Title 15. Contracts › §15-774. Definitions.

As used in this act:
1. “Admission ticket” means evidence of a right of entry to a venue or an entertainment event;
2. “Event” means a concert, theatrical performance, sporting event, exhibition, show, or other similar activity held in this state;
3. “Initial sale” means the first sale of an admission ticket by the ticket seller, which may include the distribution of admission tickets under an agreement between the ticker seller and the recipient;
4. “Person” means any individual, partnership, corporation, limited liability company, other organization, or any combination thereof;
5. “Place of entertainment” means any privately or publicly owned or operated entertainment facility within this state, such as a theater, stadium, museum, arena, park, racetrack, or other place where concerts, theatrical performances, sporting events, exhibitions, shows, or other similar activities are held and for which an entry fee is charged;
6. “Presale” means a sale of admission tickets at or below the price printed on the ticket by, or with the permission of, a ticket seller, prior to their release to the general public;
7. “Promoter” means a person who organizes financing and publicity for an entertainment event; and
8. “Ticket seller” means a person that makes admission tickets available, directly or indirectly, at an initial presale or sale to the general public, and may include an owner or operator of a place of entertainment, a sponsor or promoter of an event, a sports team participating in an event, a theater company, a musical group, or similar participant in an event, or an employee or agent of any such person.
Added by Laws 2023, c. 218, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 15. Contracts › §15-774.1. Prohibited use or sale of software to be used on ticket sellers' websites.

A. A person shall not:
1. Use software to circumvent, thwart, interfere with, or evade a security measure, access control system, or other control measure on a ticket seller’s Internet website; or
2. Sell software that is advertised for profit with the express purpose to circumvent, thwart, interfere with, or evade a security measure, access control system, or other control or measure on a ticket seller’s Internet website.
B. The user or seller shall be in violation of subsection A of this section if the user or seller knows or should know that:
1. The purpose of the software is to circumvent, thwart, interfere with, or evade a security measure, access control system, or other control or measure on a ticket seller’s Internet website in order to purchase admission tickets during the initial sale or presale for an event held at a place of entertainment; or
2. The use of the software led to the admission tickets being resold on the initial seller’s Internet website or an Internet site used for the resell of admission tickets for a price above the admission ticket’s initial cost.
C. Any violation of this section shall constitute an unlawful business practice and shall be subject to the provisions of the Oklahoma Consumer Protection Act.
Added by Laws 2023, c. 218, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775A.1. Legislative findings.

The Legislature hereby finds, determines and declares that the use of telephones for commercial solicitation, including, but not limited to, cellular telephone text messages, is rapidly increasing; that this form of communication offers unique benefits, but entails special risks and poses the potential for abuse; that the Legislature finds that the widespread practice of fraudulent and deceptive commercial telephone solicitation has caused substantial financial losses to thousands of consumers and, particularly, elderly, homebound and otherwise vulnerable consumers, and is a matter vitally affecting the public interest; and, therefore, that the general welfare of the public and the protection of the integrity of the telemarketing industry requires statutory regulation of the commercial use of telephones.
Added by Laws 1994, c. 235, § 5, eff. Sept. 1, 1994. Amended by Laws 2011, c. 369, § 2, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775A.5. Bond - Sureties.

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.
Added by Laws 1999, c. 325, § 6, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775B.2. Definitions.

As used in the Telemarketer Restriction Act:
1. "Commercial purposes" means relating to the sale or offer for sale of goods or services. “Commercial purposes” does not mean solicitation of funds or other support for a charitable or religious activity; political candidate, cause, or organization; or any activity of a not-for-profit entity organized pursuant to Section 501(c)(3) of the Internal Revenue Code;
2. "Consumer" means any natural person who is a resident of this state and shall not include any business association, partnership, firm, corporation, and its affiliates or subsidiaries, or other business entity;
3. “Established business relationship” means a prior relationship formed within the preceding twenty-four (24) months or an existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party;
4. "Person" means any natural person, association, partnership, firm, corporation and its affiliates or subsidiaries, or other business entity;
5. "Telemarketer" means any person who, for commercial purposes, initiates a telemarketing sales call or message, including, but not limited to, a cellular telephone text message, to a consumer located in this state or any person who directly controls or supervises the conduct of a telemarketer; and
6. "Telemarketing" means any plan, program, or campaign which is conducted for commercial purposes, by use of one or more telephones or electronic messaging devices and which involves a telephone call or message, including, but not limited to, a cellular telephone text message, initiated by a telemarketer to a consumer located within this state at the time of the call or message; “telemarketing” may include use of random dialing or other devices for such purposes and use of recorded or simulated voices or automated electronic text messages delivery devices. “Telemarketing” does not include a telephone call which is made for the sole purpose of arranging a subsequent face–to-face meeting between a salesperson and the consumer.
Added by Laws 2002, c. 72, § 2, eff. July 1, 2002. Amended by Laws 2003, c. 357, § 1, emerg. eff. June 3, 2003; Laws 2011, c. 369, § 4, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775B.3. Registry of consumers not desiring unsolicited telemarketing calls.

The Attorney General shall establish, and thereafter maintain, a statewide registry which shall contain a list of consumers who desire not to receive unsolicited telemarketing sales calls or messages, including, but not limited to, a cellular telephone text message. The Attorney General may, pursuant to The Oklahoma Central Purchasing Act, contract with a private vendor to establish and maintain the registry.
Added by Laws 2002, c. 72, § 3, eff. July 1, 2002. Amended by Laws 2011, c. 369, § 5, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775B.4. Notice of establishment of no-telemarketing-sales-call registry - Inclusion and removal of consumer names and numbers.

The Attorney General shall publicize notice to consumers of the establishment of the no-telemarketing-sales-call registry and may provide, upon request, explanatory information concerning the provisions of the Telemarketer Restriction Act. Any consumer who desires to be included in the listing shall notify the Attorney General by calling a toll-free number provided by the Attorney General, or in any other manner, and at such times, as the Attorney General may prescribe, which may include notification via the Internet. The number or numbers of a consumer listed in the registry shall be removed from the registry either by the consumer calling a toll-free number provided by the Attorney General or upon written request by the consumer. The Attorney General shall implement a procedure to verify a consumer request to be added or removed from the registry. The Attorney General shall update the registry not less than quarterly and shall make the registry available to telemarketers by such means and for such fees as are determined by the Attorney General pursuant to the Administrative Procedures Act. The Attorney General is authorized to forward all consumer requests to be included in the registry to the Federal Trade Commission, Federal Communications Commission, or any other agency of the federal government charged with the establishment and maintenance of a nationwide registry of consumers who desire not to receive unsolicited telemarketing sales calls or messages, including, but not limited to, a cellular telephone text message. Except as otherwise provided in the Telemarketer Restriction Act, the registry is privileged and confidential and not subject to the Oklahoma Open Records Act.
Added by Laws 2002, c. 72, § 4, eff. July 1, 2002. Amended by Laws 2003, c. 357, § 2, emerg. eff. June 3, 2003; Laws 2011, c. 369, § 6, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775B.6. Violation - Administrative fines.

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.
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.
Added by Laws 2002, c. 72, § 6, eff. July 1, 2002. Amended by Laws 2003, c. 357, § 3, emerg. eff. June 3, 2003; Laws 2011, c. 369, § 7, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775B.7. Telemarketer Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Office of the Attorney General, to be designated the "Telemarketer Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to the provisions of the Telemarketer Restriction Act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Attorney General for the purpose of implementing, administering, or enforcing the provisions of the Telemarketer Restriction Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2002, c. 72, § 7, eff. July 1, 2002. Amended by Laws 2012, c. 304, § 55.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775C.2. Definitions.

As used in the Telephone Solicitation Act of 2022:
1. "Called party" means a person who is the regular user of the telephone number that receives a commercial telephonic sales call;
2. "Caller identification service" means a service that allows a telephone subscriber to have the telephone number and, where available, the name of the calling party transmitted contemporaneously with the telephone call and displayed on a device in or connected to the subscriber's telephone;
3. "Prior express written consent" means a written agreement that:
a.
bears the signature of the called party,
b.
clearly authorizes the person making or allowing the placement of a commercial telephonic sales call by telephone call, text message, or voicemail transmission to deliver or cause to be delivered to the called party a commercial telephonic sales call using an automated system for the selection or dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, or the transmission of a prerecorded voicemail,
c.
includes the telephone number to which the signatory authorizes a commercial telephonic sales call to be delivered, and
d.
includes a clear and conspicuous disclosure informing the called party that:
(1)
by executing the agreement, the called party authorizes the person making or allowing the placement of a commercial telephonic sales call to deliver or cause to be delivered a commercial telephonic sales call to the called party using 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 number called, and
(2)
he or she is not required to sign the written agreement directly or indirectly or to agree to enter into such an agreement as a condition of purchasing any property, goods, or services; and
4. "Signature" includes an electronic or digital signature, to the extent that such form of signature is recognized as a valid signature under applicable federal law or state contract law.
Added by Laws 2022, c. 290, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775C.3. Prior express written consent required – Modification 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 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.
Added by Laws 2022, c. 290, § 3, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775C.4. Unlawful phone calls.

A. A commercial telephone seller or salesperson may not make any of the following types of phone calls, including calls made through automated dialing or recorded messages:
1. A commercial telephone solicitation phone call before 8 a.m. or after 8 p.m. local time in the called person's time zone; and
2. More than three commercial telephone solicitation phone calls from any number to a person over a twenty-four-hour period on the same subject matter or issue, regardless of the phone number used to make the call.
B. A commercial telephone seller or salesperson making a commercial telephone solicitation call may not:
1. Intentionally act to prevent transmission of the telephone solicitor's name or telephone number to the party called when the equipment or service used by the telephone solicitor is capable of creating and transmitting the telephone solicitor's name or telephone number; or
2. Use technology that deliberately displays a different caller identification number than the number from where the call is originating to conceal the true identity of the caller.
Added by Laws 2022, c. 290, § 4, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 15. Contracts › §15-775C.6. Actions - Remedies.

A. A called party who is aggrieved by a violation of this act may bring an action to:
1. Enjoin such violation; and
2. Recover actual damages or Five Hundred Dollars ($500.00), whichever is greater.
B. If the court finds that the defendant willfully or knowingly violated this act or rules adopted pursuant to this act, the court may, in its discretion, increase the amount of the award to an amount equal to not more than three times the amount available under subsection A of this section.
Added by Laws 2022, c. 290, § 6, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.1. Fraudulent electronic mail messages.

A. It shall be unlawful for a person to initiate an electronic mail message that the sender knows, or has reason to know:
1. Misrepresents any information in identifying the point of origin or the transmission path of the electronic mail message;
2. Does not contain information identifying the point of origin or the transmission path of the electronic mail message;
3. Contains false, malicious, or misleading information which purposely or negligently injures a person;
4. Falsely represents that it is being sent by a legitimate online business;
5. Refers or links the recipient of the message to a web page that is represented as being associated with a legitimate online business with the intent to engage in conduct involving the fraudulent use or possession of identifying information; or
6. Directly or indirectly induces, requests, or solicits the recipient of the electronic mail message to provide identifying information for a purpose the recipient believes is legitimate.
B. Any person violating the provisions of this section shall be subject to a civil penalty of up to Five Hundred Dollars ($500.00).
C. All acts and practices declared to be unlawful by subsections A and E of this section shall, in addition, be violations of the Oklahoma Consumer Protection Act.
D. For purposes of this section, an electronic mail message which is declared to be unlawful by subsection A of this section shall be considered a fraudulent electronic mail message or a fraudulent bulk electronic mail message.
E. It shall be unlawful for any person to sell, give, or otherwise distribute or possess with the intent to sell, give or distribute software which:
1. Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
2. Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
3. Is marketed by that person or another acting in concert with that person and with that person’s knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
Added by Laws 1999, c. 337, § 1, eff. July 1, 1999. Amended by Laws 2006, c. 56, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.2. Civil remedies.

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 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.
Added by Laws 1999, c. 337, § 2, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.3. Jurisdiction.

Transmitting or causing the transmission of fraudulent electronic mail to or through a computer network of an electronic mail service provider located in this state shall constitute an act in this state. When jurisdiction over a person is based solely upon this section, only a cause of action arising from acts enumerated in this section may be asserted against that person. Nothing contained in this act shall limit, restrict, or otherwise affect the jurisdiction of any court of this state over foreign corporations which are subject to service of process pursuant to the provision of any other law.
Added by Laws 1999, c. 337, § 3, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 15. Contracts › §15-776.4. Definitions.

For purposes of Sections 776.1 through 776.3 of this title:
1. “Electronic mail messages” means a message, file, or other information that is transmitted through a local, regional, or global network regardless of whether the message, file, or other information is viewed, stored for retrieval at a later time, printed on to paper or other similar material, or is filtered or screened by a computer program that is designed or intended to filter or screen items of electronic mail;
2. “Fraudulent electronic mail message” or “fraudulent bulk electronic mail message” means any electronic mail message or bulk electronic mail message which is declared unlawful by subsection A of Section 776.1 of this title;
3. “Initiate the transmission” means the action of the original sender of an electronic mail message, not to the action by any intervening computer service that may handle or retransmit the message;
4. “Computer network” means a set of related, remotely connected devices and any communications facilities including more than one computer with the capability to transmit data among them through the communications facilities;
5. “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;
6. “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; and
7. “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 1999, c. 337, § 4, eff. July 1, 1999. Amended by Laws 2006, c. 56, § 2, eff. Nov. 1, 2006.