Oklahoma § 15-141.26 - Unfair methods of competition and unfair or deceptive

§ 15-141.26. Unfair methods of competition and unfair or deceptive

acts.

For purposes of the Service Warranty Act, the following methods,

acts, or practices are defined as unfair methods of competition and

unfair or deceptive acts or practices:

1. MISREPRESENTATION AND FALSE ADVERTISING OF SERVICE

WARRANTIES - Knowingly making, issuing, circulating, or causing to

be made, issued, or circulated, any estimate, illustration,

circular, statement, sales presentation, omission, or comparison

which:

a.

misrepresents the benefits, advantages, conditions, or

terms of any service warranty contract,

b.

is misleading or is a misrepresentation as to the

financial condition of any person,

c.

uses any name or title of any contract misrepresenting

the true nature thereof,

d.

is a misrepresentation for the purpose of inducing, or

tending to induce, the lapse, forfeiture, exchange,

conversion, or surrender of any service warranty

contract, or

e.

is false, deceptive or misleading with respect to:

(1) the service warranty association's affiliation

with a motor vehicle manufacturer,

(2) the service warranty association's possession of

information regarding a motor vehicle owner's

current motor vehicle manufacturer's original

equipment warranty,

(3) the expiration of a motor vehicle owner's current

motor vehicle manufacturer's original equipment

warranty, or

(4) a requirement that a motor vehicle owner register

for a new service warranty with such provider in

order to maintain coverage under the motor

vehicle owner's current service warranty or

manufacturer's original equipment warranty;

2. FALSE INFORMATION AND ADVERTISING GENERALLY - Knowingly

making, publishing, disseminating, circulating, or placing before

Oklahoma Statutes - Title 15. Contracts

the public, or causing, directly or indirectly, to be made,

published, disseminated, circulated, or placed before the public:

a.

in a newspaper, magazine, or other publication,

b.

in the form of a notice, circular, pamphlet, letter,

or poster,

c.

over any radio or television station, or

d.

in any other way,

an advertisement, announcement, or statement containing any

assertion, representation, or statement with respect to the business

of service warranty, which assertion, representation, or statement

is untrue, deceptive, or misleading;

3. DEFAMATION - Knowingly making, publishing, disseminating, or

circulating, directly or indirectly, or aiding, abetting, or

encouraging the making, publishing, disseminating, or circulating

of, any oral or written statement, or any pamphlet, circular,

article, or literature, which is false or maliciously critical of,

or derogatory to, any person and which is calculated to injure such

person;

4. FALSE STATEMENTS AND ENTRIES - Knowingly:

a.

filing with any supervisory or other public official,

b.

making, publishing, disseminating, or circulating,

c.

delivering to any person,

d.

placing before the public, or

e.

causing, directly or indirectly, to be made,

published, disseminated, circulated, delivered to any

person, or placed before the public, any false

statement, or

making any false entry of a material fact in any book,

report, or statement of any person;

5. UNFAIR CLAIM SETTLEMENT PRACTICES a.

attempting to settle claims on the basis of an

application or any other material document which was

altered without notice to, or knowledge or consent of,

the warranty holder,

b.

making a material misrepresentation to the warranty

holder for the purpose and with the intent of

effecting settlement of such claims, loss, or damage

under such contract on less favorable terms than those

provided in, and contemplated by, such contract, or

c.

committing or performing with such frequency as to

indicate a general business practice any of the

following practices:

(1) failure properly to investigate claims,

(2) misrepresentation of pertinent facts or contract

provisions relating to coverages at issue,

(3) failure to acknowledge and act promptly upon

communications with respect to claims,

Oklahoma Statutes - Title 15. Contracts

(4)

denial of claims without conducting reasonable

investigations based upon available information,

(5) failure to affirm or deny coverage of claims upon

written request of the warranty holder within a

reasonable time after proof-of-loss statements

have been completed, or

(6) failure to promptly provide a reasonable

explanation to the warranty holder of the basis

in the contract in relation to the facts or

applicable law for denial of a claim or for the

offer of a compromise settlement;

6. FAILURE TO MAINTAIN PROCEDURES FOR HANDLING COMPLAINTS Failing to maintain a record of each complaint received for a threeyear period after the date of the receipt of the written complaint;

7. DISCRIMINATORY REFUSAL TO ISSUE A CONTRACT - Refusing to

issue a contract solely because of an individual's race, color,

creed, marital status, sex, or national origin; and

8. FAILURE TO PROVIDE TERMS AND CONDITIONS PRIOR TO SALE Failing to provide a consumer with a complete sample copy of the

terms and conditions of the service warranty prior to the time of

sale upon a request for the same by the consumer. A service

warranty association may comply with the provisions of this

paragraph by providing the consumer with a sample copy of the terms

and conditions of the warranty contract or by directing the consumer

to a website that displays a complete sample of the terms and

conditions of the contract.

Added by Laws 2012, c. 150, § 26, eff. Nov. 1, 2012. Amended by

Laws 2016, c. 64, § 2, eff. Nov. 1, 2016; Laws 2017, c. 10, § 8,

eff. Nov. 1, 2017; Laws 2018, c. 304, § 4, emerg. eff. May 10, 2018.

NOTE: Laws 2017, c. 42, § 5 purported to repeal Laws 2016, c. 64, §

2, but without reference to Laws 2017, c. 10, § 8, which amended it.

Laws 2017, c. 253, § 1 repealed by Laws 2018, c. 304, § 5, emerg.

eff. May 10, 2018.