Oklahoma § 6-1418 - Use of lender’s name, trade name or trademark – Use of

§ 6-1418. Use of lender’s name, trade name or trademark – Use of

loan number, loan amount or other information – Reference to lender

– Injunction – Exemptions.

A. As used in this section, “lender” means a bank, savings and

loan association, savings bank, credit union, finance company,

mortgage bank, mortgage broker and any affiliate.

B. No person shall include the name, trade name or trademark of

a lender or a name, trade name or trademark similar to that of a

lender in a solicitation for products or services without the

consent of the lender unless the solicitation clearly and

conspicuously states in bold-faced type on the front page of the

correspondence that the person is not sponsored by or affiliated

with a lender and that the solicitation is not authorized by the

lender, which shall be identified by name. The statement shall

include the name, address and telephone number of the person making

the solicitation and that any loan information referenced was not

provided by the lender.

C. No person may include a loan number, loan amount or other

specific loan information that is not publicly available in a

solicitation for the purchase of products and services.

D. No person may include a loan number, loan amount or other

specific loan information that is publicly available in a

solicitation for the purchase of products and services if use of

such information is prohibited by this title.

E. No person may include a loan number, loan amount or other

specific loan information that is publicly available in a

Oklahoma Statutes - Title 6. Banks and Trust Companies

solicitation for the purchase of products and services and allowed

by this title, unless the solicitation clearly and conspicuously

states in bold-faced type on the front page of the correspondence

that the person is not sponsored by or affiliated with the lender

and that the solicitation is not authorized by the lender, which

shall be identified by name. The statement shall include the name,

address and telephone number of the person making the solicitation

and that any loan information referenced was not provided by the

lender.

F. No person shall make reference to an existing lender without

the written consent of the lender or make reference to a loan

number, loan amount or other specific loan information on the

outside of an envelope, visible through the envelope window, or on a

postcard in connection with any written communication that includes

or contains a solicitation for products or services offered by the

other lender.

G. A lender or owner of a name, trade name or trademark may

seek an injunction against a person who violates this section to

stop the unlawful use of the name, trade name, trademark or loan

information. The person seeking the injunction shall not have to

prove actual damages as a result of the violation. Irreparable harm

and interim harm to the lender or owner shall be presumed. The

lender or owner seeking the injunction may seek to recover actual

damages and any profits the defendant has accrued as a result of the

violation. The prevailing party in any action brought pursuant to

this section is entitled to recover costs associated with the action

and reasonable attorney fees from the other party.

H. The following are exempt from the provisions of this

section:

1. Any communications by a lender or its affiliates with a

current customer of the lender or with a person who was a customer

of the lender during the immediately preceding eighteen (18) months;

and

2. Any advertisement or solicitation by a lender for products

or services that compares the products or services offered by

another lender provided that the person making the comparison

clearly and conspicuously identifies itself in the advertisement or

solicitation.

Added by Laws 2006, c. 122, § 1, eff. July 1, 2006.