Oklahoma § 15-775B.2 - Definitions

§ 15-775B.2. Definitions

As used in the Telemarketer Restriction Act:

1. "Commercial purposes" means relating to the sale or offer

for sale of goods or services. “Commercial purposes” does not mean

solicitation of funds or other support for a charitable or religious

activity; political candidate, cause, or organization; or any

activity of a not-for-profit entity organized pursuant to Section

501(c)(3) of the Internal Revenue Code;

2. "Consumer" means any natural person who is a resident of

this state and shall not include any business association,

Oklahoma Statutes - Title 15. Contracts

partnership, firm, corporation, and its affiliates or subsidiaries,

or other business entity;

3. “Established business relationship” means a prior

relationship formed within the preceding twenty-four (24) months or

an existing relationship formed by a voluntary two-way communication

between a person or entity and a residential subscriber with or

without an exchange of consideration, on the basis of an inquiry,

application, purchase or transaction by the residential subscriber

regarding products or services offered by such person or entity,

which relationship has not been previously terminated by either

party;

4. "Person" means any natural person, association, partnership,

firm, corporation and its affiliates or subsidiaries, or other

business entity;

5. "Telemarketer" means any person who, for commercial

purposes, initiates a telemarketing sales call or message,

including, but not limited to, a cellular telephone text message,

to a consumer located in this state or any person who directly

controls or supervises the conduct of a telemarketer; and

6. "Telemarketing" means any plan, program, or campaign which

is conducted for commercial purposes, by use of one or more

telephones or electronic messaging devices and which involves a

telephone call or message, including, but not limited to, a cellular

telephone text message, initiated by a telemarketer to a consumer

located within this state at the time of the call or message;

“telemarketing” may include use of random dialing or other devices

for such purposes and use of recorded or simulated voices or

automated electronic text messages delivery devices. “Telemarketing”

does not include a telephone call which is made for the sole purpose

of arranging a subsequent face–to-face meeting between a salesperson

and the consumer.

Added by Laws 2002, c. 72, § 2, eff. July 1, 2002. Amended by Laws

2003, c. 357, § 1, emerg. eff. June 3, 2003; Laws 2011, c. 369, § 4,

eff. July 1, 2011.