Oklahoma § 15-775A.4 - Unlawful telemarketing practices

§ 15-775A.4. Unlawful telemarketing practices

A. A commercial telephone seller engages in an unlawful

telemarketing practice when, in the course of any commercial

telephone solicitation, the seller:

1. Conducts business as a commercial telephone seller without

having registered with the Attorney General, as required by Section

775A.3 of this title;

2. Fails to allow the purchaser in any telephone sales

transaction to cancel any purchase or agreement to purchase goods,

services or property at any time before the expiration of three (3)

business days after the purchaser's receipt of such goods, services

or property by delivering or mailing to the commercial telephone

seller written notice of cancellation. Notice of cancellation, if

sent by mail, is deemed to be given as of the date the mailed notice

was postmarked;

Oklahoma Statutes - Title 15. Contracts

3. Fails to refund all payments made by any purchaser in any

telephone sales transaction within thirty (30) days after the

commercial telephone seller receives notice of cancellation from the

purchaser, except that:

a.

if the purchaser has received goods or property from

the commercial telephone seller, other than an item

represented as free, the commercial telephone seller

shall refund all payments made by the purchaser within

thirty (30) days after the commercial telephone

seller's receipt of the returned goods or property,

and

b.

if the purchaser has received services during the

course of a pay-per-call service call, which services

cannot, by their nature, be returned, the commercial

telephone seller is not required to refund payments to

the purchaser;

4. Fails to disclose to the purchaser during a telephone

solicitation that the purchaser has the cancellation rights set

forth in paragraph 2 of this subsection;

5. Misrepresents to any person that the person has won a

contest, sweepstakes or drawing, or that the person will receive

free goods, services or property;

6. Represents that the seller's goods, services or property are

“free” if the commercial telephone seller charges or collects a fee

from the purchaser in exchange for providing or delivering such

goods, services or property;

7. Makes any reference to the commercial telephone seller's

compliance with this act to any purchaser without also disclosing

that compliance with this act does not constitute approval by any

governmental agency of the seller's marketing, advertisements,

promotions, goods or services;

8. Uses equipment or techniques the purpose of which is to

intentionally block or avoid detection of the commercial telephone

seller’s identity or telephone number by caller identification

devices;

9. Uses equipment, systems or procedures which automatically

dial and engage the telephone number of more than one person at a

time resulting in a number of abandoned calls per day that are more

than five percent (5%) of the number of answered calls per day in

any campaign; or

10. Engages in any deceptive trade practice defined in Section

752 of this title.

B. Paragraphs 2 and 4 of subsection A of this section do not

apply to a transaction in which the consumer obtains a full refund

for the return of undamaged or unused goods or a cancellation of

services by giving notice to the seller within seven (7) days after

receipt by the consumer and the seller processes the refund or

Oklahoma Statutes - Title 15. Contracts

cancellation within thirty (30) days after receipt of the returned

merchandise or the consumer's request for refund for services not

performed or a pro rata refund for any services not yet performed

for the consumer. The availability and terms of the return and

refund privilege shall be disclosed to the consumer orally by

telephone and in writing with any advertising or promotional

material or with the delivery of the product or service. If a

seller offers consumers an unconditional guarantee, a clear

disclosure of such guarantee by using the words “satisfaction

guaranteed”, “free inspection” or “no-risk guarantee” satisfy the

disclosure requirements of this subsection.

C. The unlawful telemarketing practices listed in this section

are in addition to and do not limit the types of unfair trade

practices actionable at common law or under other civil and criminal

statutes of this state.

D. Any violations of this act are violations of the Oklahoma

Consumer Protection Act.

Added by Laws 1994, c. 235, § 8, eff. Sept. 1, 1994. Amended by

Laws 1999, c. 184, § 1, eff. Nov. 1, 1999; Laws 1999, c. 325, § 5,

eff. Nov. 1, 1999; Laws 2002, c. 317, § 1, eff. July 1, 2002.