reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-81. Persons furnishing ratings to request statement of assets and liabilities.

Any person, firm or corporation engaged in or purporting to furnish retail merchants the financial or credit rating of any person who is the actual or prospective customer of such retail merchant shall, before furnishing such rating, submit, either in person or by mailing, to his last known post office address, to the person whose rating is about to be reported, a request asking for a statement of the assets and liabilities of such person.
R.L. 1910, § 2906.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-82. Copy of opinion furnished person to whom it relates.

Whenever an opinion in writing upon the financial or credit standing of any person is about to be submitted for the purpose of establishing a financial or credit rating of customers, to be used by the retail business concerns, the person, firm or corporation submitting such opinion shall first mail a copy of such opinion to the person about whom the opinion is given, at his proper post office address.
R.L. 1910, § 2907.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-83. False credit information or false rating - Penalty - Damages.

A. Any person, firm or corporation who knowingly and willfully introduces, attempts to introduce or causes to be introduced false information into the files of a consumer reporting agency or credit bureau for the purpose of wrongfully damaging or wrongfully enhancing the credit information of any individual, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
B. Any person, firm or corporation who knowingly promulgates or publishes a false opinion or statement in any book or list as to the credit or financial standing of any person, and circulates such book or list among wholesale or retail business concerns, shall be liable in damages to the person about whom the false opinion or statement is made, for the full amount of injury sustained, and in addition thereto for exemplary damages in any sum to be fixed by the jury, and shall also be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
R.L. 1910, § 2908; Laws 1984, c. 59, § 1, emerg. eff. March 27, 1984.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-84. Person rated may see rate book - Penalty.

Whenever a credit or financial rating of any person is contained in any book or list which was circulated among retail business concerns for the purpose of establishing a financial or credit rating of consumers, any person, firm or corporation having such book or list in his or its possession, custody or control shall, upon demand made in person, produce and show such rating to the person so rated; and any person, firm or corporation failing or refusing to comply with the above requirements shall be guilty of a misdemeanor, and upon conviction, shall be fined in any sum not less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00).
R.L.1910, § 2909.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-85. False credit statement.

Every person, firm or corporation, or the agent, clerk or employee thereof, who knowingly makes, causes to be made, or permits to be made, any false credit statement to any wholesale dealer, for the purpose of establishing credit in general or with such dealer, or to any person, firm or corporation engaged in furnishing credit statements to wholesale merchants in general or to any particular person, firm or corporation engaged in the wholesale business, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
R.L. 1910, § 2910; Laws 1984, c. 59, § 2, emerg. eff. March 27, 1984.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-86. Restrictions on inclusion of tax lien information in credit report or rating.

A consumer reporting agency, credit bureau or any similar agency which furnishes a credit report or rating may include in such report or rating information on tax liens, executed pursuant to Article 2 of the Oklahoma Tax Code, only when the information is obtained directly from the Oklahoma Tax Commission. A consumer reporting agency, credit bureau or any similar agency which furnishes a credit report or rating shall use due diligence in updating the status of a tax lien.
Added by Laws 1994, c. 278, § 1, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-114. Tests for determining insolvency.

A. A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.
B. A debtor who is generally not paying his debts as they become due is presumed to be insolvent.
C. A partnership is insolvent pursuant to the provisions of subsection A of this section if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.
D. Assets pursuant to the provisions of this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable pursuant to the provisions of the Uniform Fraudulent Transfer Act.
E. Debts pursuant to the provisions of this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
Added by Laws 1986, c. 100, § 3, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-115. Value defined.

A. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
B. For the purposes of paragraph 2 of subsection A of Section 5 and Section 6 of this act, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
C. A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
Added by Laws 1986, c. 100, § 4, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-116. Transfers fraudulent to creditors.

A. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
1. With actual intent to hinder, delay, or defraud any creditor of the debtor; or
2. Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
a.
was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction, or
b.
intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.
B. In determining actual intent pursuant to the provisions of paragraph 1 of subsection A of this section, consideration may be given, among other factors, to whether:
1. The transfer or obligation was to an insider;
2. The debtor retained possession or control of the property transferred after the transfer;
3. The transfer or obligation was disclosed or concealed;
4. Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
5. The transfer was of substantially all the debtor's assets;
6. The debtor absconded;
7. The debtor removed or concealed assets;
8. The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
9. The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
10. The transfer occurred shortly before or shortly after a substantial debt was incurred; and
11. The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
Added by Laws 1986, c. 100, § 5, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-117. Transfer fraudulent to creditor whose claim arose before transfer made or obligation incurred.

A. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
B. A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
Added by Laws 1986, c. 100, § 6, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-118. Tests for determining when transfer is made or obligation incurred.

For the purposes of the Uniform Fraudulent Transfer Act:
1. A transfer is made:
a.
with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
b.
with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than in accordance with the provisions of the Uniform Fraudulent Transfer Act that is superior to the interest of the transferee.
2. If applicable law permits the transfer to be perfected as provided for in paragraph 1 of this section and the transfer is not so perfected before the commencement of an action for relief pursuant to the provisions of the Uniform Fraudulent Transfer Act, the transfer is deemed made immediately before the commencement of the action.
3. If applicable law does not permit the transfer to be perfected as provided for in paragraph 1 of this section, the transfer is made when it becomes effective between the debtor and the transferee.
4. A transfer is not made until the debtor has acquired rights in the asset transferred.
5. An obligation is incurred:
a.
if oral, when it becomes effective between the parties; or
b.
if evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
Added by Laws 1986, c. 100, § 7, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-119. Creditor's remedies.

A. In an action for relief against a transfer or obligation pursuant to the provisions of the Uniform Fraudulent Transfer Act, a creditor, subject to the limitations of Section 9 of this act, may obtain:
1. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; or
2. An attachment or other provisional remedy against the asset transferred or other property of the transferee as provided for by law; or
3. Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
a.
an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property, or
b.
appointment of a receiver to take charge of the asset transferred or of other property of the transferee, or
c.
any other relief the circumstances may require.
B. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
Added by Laws 1986, c. 100, § 8, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-120. Voidable and nonvoidable transfers - Creditor's remedies and limitations thereon.

A. A transfer or obligation is not voidable as provided for in paragraph 1 of subsection A of Section 5 of this act against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
B. Except as otherwise provided for in this section, to the extent a transfer is voidable in an action by a creditor pursuant to the provisions of paragraph 1 of subsection A of Section 8 of this act, the creditor may recover judgment for the value of the asset transferred, as adjusted in accordance with the provisions of subsection C of this section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:
1. The first transferee of the asset or the person for whose benefit the transfer was made; or
2. Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.
C. If the judgment provided for in subsection B of this section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
D. Notwithstanding voidability of a transfer or an obligation pursuant to the provisions of the Uniform Fraudulent Transfer Act, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
1. A lien on or a right to retain any interest in the asset transferred;
2. Enforcement of any obligation incurred; or
3. A reduction in the amount of the liability on the judgment.
E. A transfer is not voidable pursuant to the provisions of paragraph 2 of subsection A of Section 5 or Section 6 of this act if the transfer results from:
1. Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
2. Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code.
F. A transfer is not voidable pursuant to the provisions of subsection B of Section 6 of this act:
1. To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien; or
2. If made in the ordinary course of business or financial affairs of the debtor and the insider; or
3. If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
Added by Laws 1986, c. 100, § 9, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-121. Limitation of actions.

A cause of action with respect to a fraudulent transfer or obligation pursuant to the provisions of the Uniform Fraudulent Transfer Act, Section 112 et seq. of this title, is extinguished unless action is brought:
1. Pursuant to the provisions of paragraph 1 of subsection A of Section 116 of this title, within four (4) years after the transfer was made or the obligation was incurred or, if later, within one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant;
2. Pursuant to the provisions of paragraph 2 of subsection A of Section 116 of this title or subsection A of Section 117 of this title, within four (4) years after the transfer was made or the obligation was incurred;
3. Pursuant to the provisions of subsection B of Section 117 of this title, within one (1) year after the transfer was made or the obligation was incurred; or
4. For the purpose of transfers made or obligations incurred prior to November 1, 1986, the statute of limitations in effect prior to November 1, 1986, shall apply to claims or causes of action based thereon, but in no event shall a claim or cause of action be brought with respect to such transfers or obligations incurred any later than November 1, 1990.
Added by Laws 1986, c. 100, § 10, eff. Nov. 1, 1986. Amended by Laws 1988, c. 325, § 1, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-122. Supplementary principles of law and equity.

Unless displaced by the provisions of the Uniform Fraudulent Transfer Act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of the Uniform Fraudulent Transfer Act.
Added by Laws 1986, c. 100, § 11, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-123. Application and construction of act.

The Uniform Fraudulent Transfer Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
Added by Laws 1986, c. 100, § 12, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-133. Restrictions.

A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following:
1. Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained a surety bond of Ten Thousand Dollars ($10,000.00) issued by a surety company admitted to do business in this state and established a trust account at a federally insured bank or savings and loan association located in this state;
2. Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public;
3. Make or counsel or advise any buyer to make any statement that is untrue or misleading or that should be known by the exercise of reasonable care to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit with respect to a buyer's credit worthiness, credit standing, or credit capacity; or
4. Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization.
Added by Laws 1987, c. 35, § 3, emerg. eff. April 20, 1987.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-134. Exemption from bond and trust account provisions - Responsibility for employees or agents.

If a credit services organization is in compliance with paragraph 1 of Section 3 of this act, the salesperson, agent, or representative who sells the services of that organization is not required to obtain a surety bond and establish a trust account. Provided, however, said organization or entity shall be responsible for the acts of their employees or agents performed within the scope of their employment.
Added by Laws 1987, c. 35, § 4, emerg. eff. April 20, 1987.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-135. Information statement - Written statement required.

Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer with a statement, in writing, containing all the information required by Section 6 of this act. The credit services organization shall maintain on file for a period of two (2) years an exact copy of the statement, personally signed by the buyer, acknowledging receipt of a copy of the statement.
Added by Laws 1987, c. 35, § 5, emerg. eff. April 20, 1987.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-136. Information statement - Contents.

The information statement required pursuant to Section 5 of this act shall include all of the following:
1.
a.
a complete and accurate statement of the buyer's right to review any file on the buyer maintained by any consumer reporting agency, as provided under the Federal Fair Credit Reporting Act, 15 U.S.C., Sections 1681 through 1681t,
b.
a statement that the buyer may review his or her consumer reporting agency file at no charge if a request is made to the consumer credit reporting agency within thirty (30) days after receiving notice that credit has been denied, and
c.
the approximate price the buyer will be charged by the consumer reporting agency to review his or her consumer reporting agency file;
2. A complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by any consumer reporting agency;
3. A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total amount the buyer will have to pay, or become obligated to pay, for the services;
4. A statement asserting the buyer's right to proceed against the bond or trust account required under Section 3 of this act; and
5. The name and address of the surety company that issued the bond, or the name and address of the depository and the trustee and the account number of the trust account.
Added by Laws 1987, c. 35, § 6, emerg. eff. April 20, 1987.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-137. Contracts - Contents - Form for "Notice of Cancellation" - Copies.

A. Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, signed by the buyer, and include the following:
1. A conspicuous statement in bold face type, in immediate proximity to the space reserved for the signature of the buyer, as follows: "You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right";
2. The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person;
3. A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the services are to be performed, or estimated length of time for performing the services; and
4. The credit services organization's principal business address which shall be the actual office location of the organization and the name and address of its agent in the state authorized to receive service of process.
B. The contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation" that shall be attached to the contract, be easily detachable, and contain in bold face type the following statement written in the same language as used in the contract:
"Notice of Cancellation
You may cancel this contract, without any penalty or obligation, within five (5) days from the date the contract is signed.
If you cancel any payment made by you under this contract, it will be returned within ten (10) days following receipt by the seller of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to
(name of seller)  at  (address of seller)
(place of business)  not later than midnight  (date)
I hereby cancel this transaction,
(date)
(purchaser's signature) "
C. The credit services organization shall give to the buyer a copy of the completed contract and all other documents the credit services organization requires the buyer to sign at the time they are signed.
Added by Laws 1987, c. 35, § 7, emerg. eff. April 20, 1987.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-138. Waivers - Burden of proof - Violations and jurisdiction - Enforcement of rights.

A. Any waiver by a buyer of any part of this act is void. Any attempt by a credit services organization to have a buyer waive rights given by this act is a violation of this act.
B. In any proceeding involving this act, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
C. Any person who violates this act is guilty of a misdemeanor. Any district court of this state has jurisdiction in equity to restrain and enjoin the violation of this act.
D. This section does not prohibit the enforcement by any person of any right provided by this or any other law.
Added by Laws 1987, c. 35, § 8, emerg. eff. April 20, 1987.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-139. Action for damages - Remedies not exclusive.

A. Any buyer injured by a violation of this act may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and costs. An award may also be entered for punitive damages.
B. The remedies provided under this act are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
Added by Laws 1987, c. 35, § 9, emerg. eff. April 20, 1987.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-141. License required – Extensions of credit in compliance with law.

No person shall engage in business as a credit service organization without first obtaining a license from the Administrator pursuant to the provisions of the Credit Services Organization Act. Any extensions of credit brokered or arranged on behalf of a buyer by a credit service organization must comply with the provisions of the Uniform Consumer Credit Code and the Credit Services Organization Act.
Added by Laws 1987, c. 208, § 46, operative July 1, 1987. Amended by Laws 1987, c. 236, § 72, emerg. eff. July 20, 1987; Laws 2002, c. 171, § 2.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-142. Application for license - Resident agent.

A. Applications for a credit service organization license shall be under oath and shall state the full name and place of residence of the applicant. If the applicant is a partnership, the full name and place of residence of each member thereof shall be stated. If the applicant is a corporation, the full name and place of residence of each officer or major stockholder thereof shall be stated. The application shall give the approximate location from which the business is to be conducted, and shall contain such relevant information as the Administrator may require.
B. Each licensee shall maintain on file with the Administrator a written appointment of a resident of this state as his agent for service of all judicial or other process or legal notice, unless the licensee has appointed an agent pursuant to another statute of this state. In case of noncompliance with the provision of this section, such service may be made on the Administrator on behalf of the licensee.
Added by Laws 1987, c. 208, § 47, operative July 1, 1987 and Laws 1987, c. 236, § 73, emerg. eff. July 20, 1987.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-143. Fees - Administrator's investigation - Issuance or denial of license.

A. Upon the filing of an application and bond, payment of an annual license fee and an investigation fee, the Administrator of Consumer Credit shall conduct an investigation. If the Administrator finds that the financial responsibility, experience, character and general fitness of the applicant are such as to warrant belief that the business will be operated pursuant to the Credit Services Organization Act and rules promulgated pursuant thereto, the Administrator shall grant the application and issue to the applicant a license which will evidence the authority of the applicant to do business under the provisions of the Credit Services Organization Act.
B. If the Administrator does not so find facts sufficient to warrant issuance of a license, the Administrator shall notify the applicant. If within thirty (30) days of such notification the applicant requests a hearing on the application, a hearing shall be held within sixty (60) days after the date of the request. In the event of the denial of a license, the investigation fee shall be retained by the Administrator, but the annual license fee shall be returned to the applicant.
C. The Administrator shall grant or deny such application for license within sixty (60) days from its filing with the required fees, or from the hearing thereon, if any, unless the period is extended by written agreement between the applicant and the Administrator.
D. No license to engage in the business of a credit services organization shall be issued for any location if a license has been issued and is in effect under the provisions of Sections 3-501 through 3-514 of Title 14A of the Oklahoma Statutes. As used in this subsection the term "location" means the entire area in which a person licensed pursuant to any provision of Title 14A of the Oklahoma Statutes conducts business. No credit service organization may be connected with any location in which a person licensed pursuant to any provision of Title 14A of the Oklahoma Statutes conducts business, except by a passageway to which the public is not admitted.
E. The Commission on Consumer Credit may prescribe by rule a fee for each license change, duplicate license or returned check.
Added by Laws 1987, c. 208, § 48, operative July 1, 1987. Amended by Laws 1987, c. 236, § 74, emerg. eff. July 20, 1987; Laws 2010, c. 415, § 10, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-144. Licenses - Contents - Display - Number - Term - Annual fee.

A. Each license shall state the name of the license and the address of which the business is to be conducted. The license shall be displayed at the place of business named in the license. The license shall not be transferable or assignable except upon approval by the Administrator of Consumer Credit.
B. A separate license shall be required for each credit service organization operated pursuant to the Credit Services Organization Act.
The Administrator may issue more than one license to any one person upon compliance with the provisions of the Credit Services Organization Act as to each license. A licensee desiring to move a licensed credit service operation to another location shall give thirty (30) days' written notice to the Administrator, who shall amend the license accordingly.
C. Each license shall remain in full force and effect until relinquished, suspended, revoked or expired. Every licensee, on or before December 1 of each year, shall pay the Administrator a license renewal fee for each license held by the licensee as the annual fee for the succeeding calendar year. The license shall expire December 31 of any year for which an annual fee has not been paid.
D. A late fee, as prescribed by rule of the Commission on Consumer Credit, shall be imposed for any license renewed after December 1.
Added by Laws 1987, c. 208, § 49, operative July 1, 1987. Amended by Laws 1987, c. 236, § 75, emerg. eff. July 20, 1987; Laws 2010, c. 415, § 11, eff. July 1, 2010; Laws 2015, c. 152, § 2, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-147. Disclosures to consumer - Applicability of disclosure requirements - Credit histories - Fees.

A. Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer:
1. The nature and substance of all information, except medical information, in its files on the consumer at the time of the request;
2. The sources of the information, except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed. Provided, in the event an action is brought under this act, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought; and
3. The recipients of any consumer report on the consumer which it has furnished:
a.
for employment purposes within the two-year period preceding the request, and
b.
for any other purpose within the six-month period preceding the request.
B. The requirements of subsection A of this section respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this act, except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.
C. All consumer reporting agencies, as such agencies are defined in the Federal Fair Credit Reporting Act, 15 U.S.C., Sections 1681 through 1681t, which operate offices in the State of Oklahoma shall allow any requesting person to receive his or her credit history.
D. A consumer reporting agency shall make all disclosures and furnish all consumer reports without charge to the consumer if requested within thirty (30) days after receipt by such consumer of a notification from a debt collection agency affiliated with such consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected. Otherwise, the consumer reporting agency may impose a reasonable charge on the consumer:
1. For making disclosure to such consumer, the charge for which shall be indicated to the consumer prior to making disclosure; and
2. For furnishing credit histories authorized in subsection C of this section, notifications, statements, summaries or codifications to persons designated by the consumer, the charge for which shall be indicated to the consumer prior to furnishing such information.
Provided, no charge may be made for notifying such persons of the deletion of information which is found to be inaccurate or which can no longer be verified.
Added by Laws 1987, c. 208, § 52, operative July 1, 1987 and Laws 1987, c. 236, § 78, emerg. eff. July 20, 1987. Amended by Laws 1988, c. 196, § 5, operative July 1, 1988.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-148. Request of consumer report – Notice to subject of report.

A. Prior to requesting a consumer report for employment purposes, the requestor or user of the consumer report shall provide written notice to the person who is the subject of the consumer report. The notice shall inform the consumer that a consumer report will be used and the notice shall contain a box that the consumer may check to receive a copy of the consumer report. If the consumer requests a copy of the report, the user of the consumer report shall request that a copy be provided to the consumer when the user of the consumer report requests its copy from the credit reporting agency. The report sent to the consumer shall be provided at no charge to the consumer. As used in this section, “consumer report” shall have the same meaning as that term is defined in the federal Fair Credit Reporting Act, 15 U.S.C., Sections 1681 et seq.
B. No person shall be held liable for any violation of this section if such person shows by a preponderance of the evidence that, at the time of the alleged violation, such person maintained reasonable procedures to assure compliance with this section.
Added by Laws 2000, c. 170, § 1, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-150. Definitions.

As used in this act:
1. “Consumer” means an individual who is also a resident of this state;
2. “Consumer report” has the meaning ascribed to it in 15 U.S.C., Section 1681a(d);
3. “Consumer reporting agency” has the meaning ascribed to it in 15 U.S.C., Section 1681a(f);
4. “Proper identification” has the meaning ascribed to it in 15 U.S.C., Section 1681h(a)(1); and
5. “Security freeze” means a notice placed in a consumer report of a consumer, at the request of the consumer and subject to certain exceptions, that prohibits the consumer reporting agency from releasing the consumer report or credit score of the consumer relating to the opening of new accounts or the extension of credit.
Added by Laws 2006, c. 283, § 2, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-151. Written request for security freeze - Processing time - Confirmation of freeze and identification number - Disclosures.

A. A consumer may request that a security freeze be placed on his or her consumer report by sending a request in writing by certified mail to a consumer reporting agency at an address designated by the consumer reporting agency to receive such requests. This subsection does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer report of a consumer.
B. A consumer reporting agency shall place a security freeze on a consumer report of a consumer no later than five (5) business days after receiving from the consumer:
1. A written request as provided in subsection A of this section;
2. Proper identification; and
3. Payment of the required fee, if applicable.
Provided, however, with respect to any security freeze requested before May 1, 2007, the deadline stated in this subsection shall be ten (10) business days if a consumer reporting agency in good faith is unable to process during normal business hours the quantity of security freeze requests being received.
C. The consumer reporting agency shall send a written confirmation of the placement of the security freeze to the consumer within ten (10) business days. Upon placing the security freeze on the consumer report of the consumer, the consumer reporting agency shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his or her consumer report for a specific period of time.
D. If a consumer requests a security freeze, the consumer reporting agency shall disclose the process of placing and temporarily lifting a freeze, and the process for allowing access to information from the consumer report of the consumer for a period of time while the freeze is in place.
Added by Laws 2006, c. 283, § 3, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-152. Requests to temporarily lift freeze - Time for compliance - Request procedures.

A. If the consumer wishes to allow his or her consumer report to be accessed for a specific period of time while a freeze is in place, he or she shall contact the consumer reporting agency using a method of contact designated by the consumer reporting agency, requesting that the freeze be temporarily lifted, and providing, to complete the request, all of the following:
1. Proper identification;
2. The unique personal identification number or password provided by the consumer reporting agency pursuant to subsection C of Section 3 of this act;
3. The proper information regarding the time period for which the report shall be available to users of the credit report; and
4. The required fee, if applicable.
B. A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on his or her consumer report, accompanied by all of the items listed in subsection A of this section, shall comply with the request no later than three (3) business days after receiving the completed request.
C. A consumer reporting agency may develop procedures involving the use of telephone, facsimile, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a consumer report pursuant to subsection A of this section in an expedited manner.
Added by Laws 2006, c. 283, § 4, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-153. Mandatory removal or temporary lifting of freeze - Notice to consumer - Third party requests.

A. A consumer reporting agency shall remove or temporarily lift a freeze placed on the consumer report of a consumer only in the following cases:
1. Upon consumer request, pursuant to Sections 4 and 6 of this act; or
2. If the consumer report of the consumer was frozen due to a material misrepresentation of fact by the consumer.
If a consumer reporting agency intends to remove a freeze upon a consumer report of a consumer, and is not doing so at the request of the consumer, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer report of the consumer.
B. If a third party requests access to a consumer report on which a security freeze is in effect, this request is in connection with an application for credit or any other use, and the consumer does not allow his or her consumer report to be accessed for that period of time, the third party may treat the application as incomplete.
Added by Laws 2006, c. 283, § 5, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-154. Removal of freeze by consumer request - Identification required.

A. A security freeze shall remain in place until the consumer requests, using a method of contact designated by the consumer reporting agency, that the security freeze be removed. A consumer reporting agency shall remove a security freeze within three (3) business days of receiving such a request for removal from the consumer, who provides along with it:
1. Proper identification;
2. The unique personal identification number or password provided by the consumer reporting agency pursuant to Section 3 of this act; and
3. The required fee, if applicable.
B. A consumer reporting agency shall require proper identification of the person making a request to place or remove a security freeze.
Added by Laws 2006, c. 283, § 6, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-155. Exceptions.

The provisions of this act do not apply to the use of a consumer credit report by any of the following:
1. A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an assignee of a financial obligation owed by the consumer to that person or entity, or a prospective assignee of a financial obligation owed by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owed for the account, contract, or negotiable instrument. For purposes of this paragraph, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements;
2. A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted for purposes of facilitating the extension of credit or other permissible use;
3. Any state or local agency, law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena;
4. A child support agency acting pursuant to Title IV-D of the Social Security Act;
5. The state or its agents or assigns acting to investigate fraud or acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities, provided such responsibilities are consistent with a permissible purpose under Section 1681b of Title 15 of the United States Code;
6. The use of credit information for the purposes of prescreening as provided for by the federal Fair Credit Reporting Act;
7. Any person or entity administering a credit file monitoring subscription or similar service to which the consumer has subscribed;
8. Any person or entity for the purpose of providing a consumer with a copy of his or her consumer report or credit score upon the request of the consumer; or
9. Any person using the information in connection with the underwriting of insurance.
Added by Laws 2006, c. 283, § 7, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-156. Fees - Written notice of changes.

A. This act does not prevent a consumer reporting agency from charging a fee of no more than Ten Dollars ($10.00) to a consumer for each freeze, removal of the freeze, or temporary lifting of the freeze for a period of time, regarding access to a consumer credit report.
B. A consumer reporting agency shall not charge any fee to:
1. A victim of identity theft who has submitted, at the time the security freeze is requested, a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of the victim’s identifying information by another person; or
2. A consumer sixty-five (65) years of age or older for the initial placement and removal of a security freeze.
C. If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer report without sending a written confirmation of the change to the consumer within thirty (30) days of the change being posted to the file of the consumer:
1. Name;
2. Date of birth;
3. Social security number; and
4. Address.
D. Written confirmation is not required for technical modifications of official information of a consumer, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.
Added by Laws 2006, c. 283, § 8, eff. Jan. 1, 2007.
2023 Oklahoma Statutes › Title 24. Debtor and Creditor › §24-157. Entities not required to place security freeze.

The following entities are not required to place a security freeze on a consumer report:
1. A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of credit information from which new consumer reports are produced. However, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a consumer report by another consumer reporting agency;
2. A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; or
3. A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine (ATM) abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
Added by Laws 2006, c. 283, § 9, eff. Jan. 1, 2007.