Oklahoma § 15-775B.6 - Violation - Administrative fines

§ 15-775B.6. Violation - Administrative fines

A. No telemarketer shall make or cause to be made any

unsolicited telemarketing sales call or message, including, but not

limited to, a cellular telephone text message, to any consumer more

than thirty (30) days after the consumer’s telephone number or

numbers first appear on the registry made available by the Attorney

General pursuant to the Telemarketer Restriction Act.

Oklahoma Statutes - Title 15. Contracts

B. Willful violation of subsection A of this section shall be

an unlawful telemarketing practice and a violation of the Oklahoma

Consumer Protection Act; provided, a call to a consumer with whom

the caller has an established business relationship or a call or

cellular telephone text message to a consumer whose number has been

removed from the registry shall not be a violation of the

Telemarketer Restriction Act.

C. In lieu of bringing an action under the Oklahoma Consumer

Protection Act, the Attorney General may, in cases where the

telemarketer is able to demonstrate that the violation occurred

notwithstanding policies of the telemarketer that were an integral

part of the training of the individual or individuals responsible

for the violation, assess an administrative fine. The Attorney

General shall, pursuant to the Administrative Procedures Act, adopt

and promulgate rules establishing a schedule of increasing fines to

be assessed pursuant to this subsection for multiple and repeated

violations.

Added by Laws 2002, c. 72, § 6, eff. July 1, 2002. Amended by Laws

2003, c. 357, § 3, emerg. eff. June 3, 2003; Laws 2011, c. 369, § 7,

eff. July 1, 2011.