Oklahoma § 15-761.1 - Liability under Consumer Protection Act

§ 15-761.1. Liability under Consumer Protection Act

A. The commission of any act or practice declared to be a

violation of the Consumer Protection Act shall render the violator

liable to the aggrieved consumer for the payment of actual damages

sustained by the customer and costs of litigation including

Oklahoma Statutes - Title 15. Contracts

reasonable attorney's fees, and the aggrieved consumer shall have a

private right of action for damages, including but not limited to,

costs and attorney's fees. In any private action for damages for a

violation of the Consumer Protection Act the court shall, subsequent

to adjudication on the merits and upon motion of the prevailing

party, determine whether a claim or defense asserted in the action

by a nonprevailing party was asserted in bad faith, was not well

grounded in fact, or was unwarranted by existing law or a good faith

argument for the extension, modification, or reversal of existing

law. Upon so finding, the court shall enter a judgment ordering

such nonprevailing party to reimburse the prevailing party an amount

not to exceed Ten Thousand Dollars ($10,000.00) for reasonable

costs, including attorney's fees, incurred with respect to such

claim or defense.

B. The commission of any act or practice declared to be a

violation of the Consumer Protection Act, if such act or practice is

also found to be unconscionable, shall render the violator liable to

the aggrieved customer for the payment of a civil penalty,

recoverable in an individual action only, in a sum set by the court

of not more than Two Thousand Dollars ($2,000.00) for each

violation. In determining whether an act or practice is

unconscionable the following circumstances shall be taken into

consideration by the court: (1) whether the violator knowingly or

with reason to know, took advantage of a consumer reasonably unable

to protect his or her interests because of his or her age, physical

infirmity, ignorance, illiteracy, inability to understand the

language of an agreement or similar factor; (2) whether, at the time

the consumer transaction was entered into, the violator knew or had

reason to know that price grossly exceeded the price at which

similar property or services were readily obtainable in similar

transactions by like consumers; (3) whether, at the time the

consumer transaction was entered into, the violator knew or had

reason to know that there was no reasonable probability of payment

of the obligation in full by the consumer; (4) whether the violator

knew or had reason to know that the transaction he or she induced

the consumer to enter into was excessively one-sided in favor of the

violator.

C. Any person who is found to be in violation of the Oklahoma

Consumer Protection Act in a civil action or who willfully violates

the terms of any injunction or court order issued pursuant to the

Consumer Protection Act shall forfeit and pay a civil penalty of not

more than Ten Thousand Dollars ($10,000.00) per violation, in

addition to other penalties that may be imposed by the court, as the

court shall deem necessary and proper. For the purposes of this

section, the district court issuing an injunction shall retain

jurisdiction, and in such cases, the Attorney General, acting in the

Oklahoma Statutes - Title 15. Contracts

name of the state, or a district attorney may petition for recovery

of civil penalties.

D. In administering and pursuing actions under this act, the

Attorney General and a district attorney are authorized to sue for

and collect reasonable expenses, attorney's fees, and investigation

fees as determined by the court. Civil penalties or contempt

penalties sued for and recovered by the Attorney General or a

district attorney shall be used for the furtherance of their duties

and activities under the Consumer Protection Act.

E. In addition to other penalties imposed by the Oklahoma

Consumer Protection Act, any person convicted in a criminal

proceeding of violating the Oklahoma Consumer Protection Act shall

be guilty of a D1 felony offense and shall be subject to

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or a fine not to exceed

Five Thousand Dollars ($5,000.00), or both such fine and

imprisonment.

Added by Laws 1980, c. 192, § 4, eff. Oct. 1, 1980. Amended by Laws

1988, c. 161, § 2, eff. Nov. 1, 1988; Laws 1994, c. 235, § 4, eff.

Sept. 1, 1994; Laws 1997, c. 133, § 134, eff. July 1, 1999; Laws

1999, 1st Ex.Sess., c. 5, § 61, eff. July 1, 1999; Laws 2025, c.

486, § 347, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 134 from July 1, 1998, to July 1, 1999.