Law / United States / 
Oklahoma
Commercial telephone seller registration and unlawful telemarketing practices
Okla. Stat. tit. 15, §§ 775A.1 to 775A.5
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: http://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdfIn force since .
A telephone contact rule binding private bodies.
- Obligation class
- Licensing, Disclosure, Prohibition
What it requires
- Before making a commercial telephone solicitation call or message to a person in Oklahoma, register as a commercial telephone seller with the Attorney General at least ten days beforehand and file a $10,000.00 surety bond, unless an exemption in Section 775A.2 applies to you.NIST Privacy FrameworkGV.PO-P5
- Do not use equipment or techniques designed to block or avoid detection of your identity or telephone number by caller identification devices, and do not use automatic dialing equipment that results in more than five percent abandoned calls a day in a calling campaign.NIST Privacy FrameworkCM.AW-P1
- Allow a purchaser in a telephone sales transaction to cancel the purchase within three business days of receiving the goods, services, or property, disclose that cancellation right to the purchaser during the call, and refund all payments within thirty days of a valid cancellation.no control in the NIST Privacy Framework
- This registration and unlawful-practices duty does not reach a call to a business purchaser who has previously bought identical or similar goods or services from you, or the other exempted categories of caller and transaction Section 775A.2 lists.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- GV.PO-P5Legal, regulatory, and contractual requirements regarding privacy are understood and managed.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
A violation is also a violation of the Oklahoma Consumer Protection Act, under which, since , a person convicted in a criminal proceeding is guilty of a D1 felony offense and is subject to imprisonment as provided in subsections B through F of Section 20N of Title 21, a fine not to exceed $5,000.00, or both.
Penalty structure
The $10,000.00 per-violation figure is the civil penalty the Attorney General or a district attorney may recover under the Oklahoma Consumer Protection Act. A consumer suing individually may instead recover actual damages, costs, and attorney's fees, plus a civil penalty of up to $2,000.00 per violation found unconscionable.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Statutory damages
A consumer who also shows the conduct was unconscionable may recover, in an individual action only, a civil penalty in a sum the court sets of not more than $2,000.00 for each violation; the figure is a ceiling, not a fixed sum, and is added to actual damages, costs and attorney's fees.
- As of
- Currency
- USD
Who enforces it
Enforcement body
Oklahoma Attorney General
Settledness
- As of
- Open questions
- Does the exclusion in 15 O.S. § 775A.2(1)(g) for 'a person or an affiliate of a person who is regulated by the Insurance Commission' reach an affiliate's call that sells a product the Insurance Commission does not regulate?
What this law does
A commercial telephone seller, a person who causes or attempts to cause a commercial telephone solicitation to be made, may not conduct business in Oklahoma without registering with the Attorney General at least ten days beforehand and filing a $10,000.00 surety bond.
Section 775A.2 exempts a long list of callers and transactions from that registration duty, including a person soliciting business solely from a business purchaser who has previously bought identical or similar goods or services from the caller, and sellers of securities, insurance, and real estate already regulated by their own licensing bodies.
Section 775A.4 makes it an unlawful telemarketing practice, among other things, to use equipment or techniques meant to block or avoid caller identification, or to use automatic dialing equipment resulting in more than five percent abandoned calls a day in a campaign, and requires a purchaser be allowed to cancel a telephone sales transaction within three business days of receiving the goods or services with a refund within thirty days.
A 2011 amendment, Laws 2011 chapter 369, extended the Act's definitions of a commercial telephone seller and a commercial telephone solicitation to reach a cellular telephone text message, not only a voice call.
Every violation of the registration or unlawful-practices provisions is also a violation of the Oklahoma Consumer Protection Act, which gives an aggrieved consumer a private right of action for actual damages, costs, and attorney's fees, an individual civil penalty of up to $2,000.00 per violation found unconscionable, and, for the Attorney General or a district attorney, a civil penalty of up to $10,000.00 per violation.
When LexLint raises it
When your app profile says your app places automated calls or sends automated texts.
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