As of November 1, 2022, Oklahoma's Telephone Solicitation Act requires telemarketers to get written consent before contacting you using an autodialer. Under this law, almost any electronic dialing tool qualifies as an autodialer. So, it essentially closes the state to telemarketers that don't get express written consent from consumers, unless the telemarketing company uses actual humans to select numbers and dial.
The law, which is similar to the federal Telephone Consumer Protection Act (TCPA), also bans misleading telemarketing tactics. Under Oklahoma's Telephone Solicitation Act, often called a "mini-TCPA law," telemarketers can't:
The Oklahoma Telephone Solicitation Act also restricts when telemarketers can call you, and limits how often they can call.
In addition, the law creates a private right of action. So, if you get telemarketing calls that violate this law, you may file a lawsuit against the telemarketer.
Oklahoma's Telephone Solicitation Act requires callers to get prior express written consent before making a commercial telephonic sales call using "an automated system to select or dial numbers or play a recorded message when connected." So, again, the law bans most autodialer calls if the caller doesn't first get express written consent.
Under the law, the "prior express written consent" must include:
Again, Oklahoma's Telephone Solicitation Act applies to telemarketing calls 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." This definition of an automated system (basically, an autodialer) is different than what the U.S. Supreme Court said in the case of Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021). In that case, the Court said that to be considered an autodialer under the federal TCPA, the dialer must have the capacity either to store or to produce a telephone number using a random or sequential number generator.
So, the definition of an "automated system" under Oklahoma law is broader than what would qualify as an automatic telephone dialing system under the TCPA. Under Oklahoma law, almost any dialing equipment meets the definition of an autodialer unless someone manually picks and dials numbers.
Telemarketing curfews limit the times that telemarketers can call potential customers. Oklahoma's Telephone Solicitation Act sets a telemarketing curfew of 8:00 p.m.
Specifically, under the Act, telemarketers may not call you through automated dialing or recorded messages before 8:00 a.m. or after 8:00 p.m.
Even if you gave prior express written consent, a telemarketer can't call you using automated dialing or recorded messages more than three times over 24 hours about the same matter or issue, regardless of the phone number used to make the call.
Oklahoma's Telephone Solicitation Act includes an anti-spoofing provision and a "use your own voice" requirement.
Under Oklahoma law, telemarketers may not block their name or number from showing up on your caller identification system. They also can't deliberately display a different caller ID than the number where the call is originating to conceal the caller's true identity.
It's also unlawful under Oklahoma's Telephone Solicitation Act for telemarketers to intentionally alter their voice to hide their identity in order to:
Oklahoma's Telephone Solicitation Act applies to businesses located within the state that make telemarketing calls and businesses located in other states that call Oklahoma residents and Oklahoma area codes. The law includes a rebuttable presumption that a call made to any Oklahoma area code is made to an Oklahoma resident or a person in the state.
The law exempts numerous entities, like religious organizations, newspapers, banks, charities, insurance brokers, and other organizations, from the law. In fact, the Act lists over 20 exemption categories.
If a telemarketer has violated any of these requirements or restrictions, you can take one or more of the following actions.
To report a violation, you can file a complaint with the Office of the Oklahoma Attorney General, Consumer Protection Unit, at 405-521-2029 or [email protected]
If a caller violates the law, you can ask a court for an injunction or recovery of your actual money damages or $500, whichever is greater. For willful and knowing violations, the law also allows a court to increase the award to an amount equal to no more than three times the amount available. You might also be able to recover attorneys' fees. But the law doesn't include a provision awarding these fees to successful plaintiffs.
You can use Nolo's Telemarketing Phone Call Log to keep track of telemarketer violations.
Do-not-call lists protect consumers from unwanted calls from telemarketers.
How to add yourself to the national do-not-call list. The Federal Communications Commission and Federal Trade Commission maintain a national do-not-call list. The registry is nationwide and applies to all telemarketers, though certain organizations, such as non-profit organizations, are exempt. You can add your number to this database by visiting the Federal Trade Commission website.
How to add yourself to the Oklahoma do-not-call list. Some states, including Oklahoma, have their own do-not-call list. You can register telephone numbers by Internet, mail, or by calling 405-521-3921. When registering, you might have to provide your name, physical address, county, and email address.
You can find Oklahoma's Telephone Solicitation Act in the Oklahoma Statutes, Title 15, § 775C.1 and following.
Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply laws can change. And some rules can even vary within a state. These are just some of the reasons to consider consulting a lawyer if you have questions about the law.
If you want to learn more about your rights under Oklahoma's telemarketing laws or file a suit against a telemarketer, consider talking to an attorney.
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