Oklahoma § 21-1847

§ 21-1847.

Repealed by Laws 2016, c. 85, § 1, eff. Nov. 1, 2016.

§21-1847a. Using or allowing use of automatic dial announcing

device - Exceptions - Penalties.

A. Except as provided by this subsection, no person shall use

or knowingly allow the use of an automatic dial announcing device.

An automatic dial announcing device shall be used only when:

1. The device disconnects from the called person's line not

later than twenty (20) seconds after the called person hangs up; and

2. For calls terminating in this state, the device is not used

to make a call:

a.

before 9 a.m. or after 9 p.m., or

b.

at any hour that collection calls would be prohibited

under the federal Fair Debt Collection Practices Act,

15 U.S.C., Section 1692(c), when the device is used

for collection purposes; and

3. One of the following occur:

a.

the calls are made or messages given solely in

response to calls initiated by the person to whom the

automatic calls or recorded messages are directed or

who has made a written request to be called,

b.

the calls made concern goods or services that have

been previously ordered or purchased,

c.

the calls are made by creditors or their assignees, or

d.

the calls are initiated by a live operator who gives

the caller the option to disconnect prior to the

playing of a prerecorded or synthesized voice message.

B. A person who violates any provision of this section is

guilty of a misdemeanor.

C. The Attorney General may seek injunctive relief to enforce

this section pursuant to the Oklahoma Consumer Protection Act.

D. In the event that a civil action is filed pursuant to this

subsection, the prevailing party shall be entitled to a reasonable

attorney's fee.

E. A contract or agreement to purchase any goods or services

for sale executed in violation of the provisions of this section

shall be voidable at the option of the person who has subscribed to

telephone services from a telephone company.

F. For purposes of this section, "automatic dial announcing

device" means automatic equipment that:

1. Stores telephone numbers to be called, or has a random or

sequential number generator capable of producing numbers to be

called;

2. Conveys a prerecorded or synthesized voice message to the

number called; and

3. Is used for the purpose of offering any goods or services

for sale or conveying information regarding such goods or services.

Oklahoma Statutes - Title 21. Crimes and Punishments

Added by Laws 1991, c. 279, § 1, eff. July 1, 1991.

1992, c. 317, § 4, eff. July 1, 1992.

Amended by Laws