Law / United States / 
Oklahoma
Telephone Solicitation Act of 2022
Okla. Stat. tit. 15, §§ 775C.1 to 775C.6
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: https://www.oklegislature.gov/cf_pdf/2021-22%20ENR/hB/HB3168%20ENR.PDFIn force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- Obtain the called party's prior express written consent before making, or knowingly allowing, a commercial telephonic sales call, text message or voicemail that uses an automated system for the selection or dialing of telephone numbers or plays a recorded message when the call connects; the consent must be a signed written agreement (an electronic signature counts where federal law or state contract law recognizes it) that names the telephone number to be called and discloses clearly and conspicuously that the called party need not sign it to buy anything.
- Transmit your originating telephone number, and your name when your carrier makes it available, to the recipient's caller identification service; you may substitute the seller's name and its customer service number, answered during regular business hours, and any number you display must be able to receive calls and connect the caller to you or to the seller.
- Do not alter a caller's voice to disguise the caller's identity in order to defraud, confuse or injure the recipient, or to obtain personal information for fraudulent or unlawful use.
- As a commercial telephone seller or salesperson, do not make a commercial telephone solicitation call before 8 a.m. or after 8 p.m. in the called person's time zone, or more than three such calls to one person in 24 hours on the same subject matter from any number, and do not block your name or number or display a different caller identification number to conceal your identity.
- These duties do not apply to a call to a consumer who has an existing business relationship with, or has previously purchased from, the business you call for, to a solicitation for religious, charitable, political or educational purposes, to an isolated transaction, or to the other exempt callers and calls section 775C.5 lists.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Statutory damages
A called party aggrieved by a violation may recover actual damages or $500, whichever is greater, and an injunction; for a willful or knowing violation the court may increase the award to not more than three times that amount.
- As of
- Currency
- USD
- Per person minimum
- 500
Who enforces it
Enforcement body
A private civil action by the aggrieved called party under 15 O.S. 775C.6; the Act names no public enforcer.
What this law does
The Telephone Solicitation Act of 2022, enacted as HB 3168 and effective , bars a person from making, or knowingly allowing to be made, a commercial telephonic sales call that involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed, without the called party's prior express written consent.
That consent is a written agreement bearing the called party's signature, which may be an electronic or digital signature recognized under federal law or state contract law, that authorizes such calls by telephone call, text message or voicemail to a stated telephone number and discloses clearly and conspicuously that the called party is not required to sign it as a condition of purchasing any property, goods or services.
A caller must transmit its originating telephone number, and its name when its carrier makes the name available, to the recipient's caller identification service, and may not alter a caller's voice to disguise the caller's identity in order to defraud, confuse or injure the recipient or to obtain personal information for fraudulent or unlawful use.
A commercial telephone seller or salesperson may not make a commercial telephone solicitation call before 8 a.m. or after 8 p.m. in the called person's time zone, or more than three such calls to one person in 24 hours on the same subject matter, and may not block its name or number or display a different caller identification number to conceal its identity. A call to any area code in Oklahoma is presumed, subject to rebuttal, to be made to an Oklahoma resident or to a person in the state.
The Act exempts 26 classes of caller and call, among them a person soliciting consumers who have an existing business relationship with, or have previously purchased from, the business the caller represents, a person soliciting for religious, charitable, political or educational purposes, an isolated transaction, licensed securities, insurance and real estate professionals acting within their licenses, supervised financial institutions, and a commercial telephone seller.
A called party aggrieved by a violation may sue to enjoin it and to recover actual damages or $500, whichever is greater, and the court may increase the award to not more than three times that amount for a willful or knowing violation. This summary describes the Act as enacted by HB 3168 in 2022.
When LexLint raises it
When your app profile says your app sends automated outreach.