Law / United States / 
Oklahoma
Telemarketer Restriction Act, no-call registry
Okla. Stat. tit. 15, §§ 775B.1 to 775B.7
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
- Prohibition
What it requires
- Do not make or cause to be made an unsolicited telemarketing sales call or message, including a cellular telephone text message, to a consumer more than thirty days after that consumer's telephone number first appears on the Attorney General's no-telemarketing-sales-call registry, unless you have an established business relationship with the consumer or the number has since been removed from the registry.
- This no-call duty does not reach a call soliciting funds or other support for a charitable or religious activity, a political candidate, cause, or organization, or a not-for-profit organized under Internal Revenue Code section 501(c)(3), and an established business relationship excusing a call is one formed within the preceding twenty-four months, or an ongoing relationship neither party has ended.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. 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 willful violation of the registry rule 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
A willful violation of the registry rule is a violation of the Oklahoma Consumer Protection Act (15 O.S. 775B.6(B)), whose civil penalty for the Attorney General or a district attorney is up to $10,000.00 per violation. In place of a Consumer Protection Act action the Attorney General may assess an administrative fine under a rule schedule that runs from $1,000.00 per violation for the first and second violations to $10,000.00 per violation for each violation after the tenth.
- 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 for a willful violation of the registry rule; 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
The Attorney General's rules let the Attorney General either bring an enforcement action in district court or assess an administrative fine once a violation is found.
- As of
- Open questions
- When 15 O.S. § 775B.6(A) bars a call 'more than thirty (30) days after' a number 'first appear[s] on the registry made available by the Attorney General', does the thirty days run from the consumer's registration or from the date the quarterly registry release carrying the number is available to telemarketers?
What this law does
The Telemarketer Restriction Act requires the Attorney General to maintain a statewide registry of consumers who do not want to receive unsolicited telemarketing sales calls or messages, and bars a telemarketer from calling or messaging a consumer more than thirty days after that consumer's number first appears on the registry, unless the caller has an established business relationship with the consumer or the number has since been removed.
An established business relationship is a relationship formed within the preceding twenty-four months, or an existing relationship formed by the consumer's own inquiry, application, purchase, or transaction, that neither party has ended. The Act's commercial-purposes trigger does not reach a call soliciting funds or support for a charitable, religious, or political cause.
As amended in 2011 by Laws 2011 chapter 369, the Act's telemarketing-call duty also reaches a cellular telephone text message. A willful violation is an unlawful telemarketing practice and a violation of the Oklahoma Consumer Protection Act, giving the consumer the Act's private right of action; alternatively, the Attorney General may assess an administrative fine under a schedule set by rule where the telemarketer shows the violation occurred despite an integral training policy.
When LexLint raises it
When your app profile says your app places automated calls or sends automated texts.
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