{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-752","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-752","heading":"Definitions","body":"As used in the Oklahoma Consumer Protection Act:\n\n1. \"Person\" means a natural person, corporation, trust,\n\npartnership, incorporated or unincorporated association, or any\n\nother legal entity;\n\n2. \"Consumer transaction\" means the advertising, offering for\n\nsale or purchase, sale, purchase, or distribution of any services or\n\nany property, tangible or intangible, real, personal, or mixed, or\n\nany other article, commodity, or thing of value wherever located,\n\nfor purposes that are personal, household, or business oriented;\n\n3. \"Credit card\" means any instrument or device, whether known\n\nas a credit card, credit plate, charge plate or by any other name,\n\nissued with or without fee by an issuer for the use of the\n\ncardholder in obtaining money, goods, services or anything else of\n\nvalue on credit. All credit cards lawfully issued shall be\n\nconsidered the property of the cardholders or the issuer for all\n\npurposes;\n\n4. \"Debit card\" means any instrument or device, whether known\n\nas a debit card or by any other name, issued with or without fee by\n\nan issuer for the use of the cardholder in depositing, obtaining or\n\ntransferring funds from a consumer banking electronic facility;\n\n5. \"Documentary material\" means the original or a copy of any\n\nbook, record, report, memorandum, paper, communication, tabulation,\n\nmap, chart, photograph, mechanical transcription, or other tangible\n\ndocument or recording, wherever located;\n\n6. \"Examination\" when used in reference to documentary material\n\nincludes the inspection, study, or copying of any such material, and\n\nthe taking of testimony under oath, or acknowledgment in respect to\n\nany such documentary material or copy thereof;\n\n7. \"Merchandise\" includes any object, ware, good, commodity,\n\nintangible, real estate, or service;\n\n8. \"Closing out sale\" means any offer to sell, or actual sale,\n\nto the public of goods, wares, or merchandise on the implied or\n\ndirect representation that the sale is in anticipation of the\n\ntermination of a business at its present location, or that the sale\n\nis being held other than in the ordinary course of business. It\n\nalso shall mean but shall not be limited to any sale held or\n\nadvertised as a \"closing out sale\", \"going out of business sale\",\n\n\"discontinuance of business sale\", \"quitting business sale\", \"sell\n\nout\", \"liquidation\", \"loss of lease sale\", \"must vacate sale\",\n\n\"forced out of business sale\", \"fire sale\", \"smoke and water damage\n\nsale\", \"adjustment sale\", \"creditor's sale\", \"bankrupt sale\",\n\n\"insolvent sale\", \"mortgage sale\", or other like or similar title;\n\n9. \"Advertisement\" means any advertisement or announcement\n\npublished in the news media including but not limited to the radio,\n\ntelevision, newspapers, handbills, and mailers;\n\n10. \"License\" means the written authorization issued by the\n\ncourt clerk of the district court in any county in this state to any\n\nperson to conduct a closing out sale;\n\n11. \"Clerk\" means the court clerk of the district court of any\n\ncounty of this state in which a person applying for a license\n\nintends to conduct a closing out sale;\n\n12. \"Automatic dial announcing device\" means automatic\n\nequipment that:\n\na. stores telephone numbers to be called, or has a random\n\nor sequential number generator capable of producing\n\nnumbers to be called,\n\nb. conveys a prerecorded or synthesized voice message to\n\nthe number called, and\n\nc. is used for the purpose of offering any goods or\n\nservices for sale or conveying information regarding\n\nsuch goods or services;\n\n13. \"Deceptive trade practice\" means a misrepresentation,\n\nomission or other practice that has deceived or could reasonably be\n\nexpected to deceive or mislead a person to the detriment of that\n\nperson. Such a practice may occur before, during or after a\n\nconsumer transaction is entered into and may be written or oral;\n\n14. \"Unfair trade practice\" means any practice which offends\noods or services;\n\n13. \"Deceptive trade practice\" means a misrepresentation,\n\nomission or other practice that has deceived or could reasonably be\n\nexpected to deceive or mislead a person to the detriment of that\n\nperson. Such a practice may occur before, during or after a\n\nconsumer transaction is entered into and may be written or oral;\n\n14. \"Unfair trade practice\" means any practice which offends\n\nestablished public policy or if the practice is immoral, unethical,\n\noppressive, unscrupulous or substantially injurious to consumers;\n\n15. \"Cemetery\" means any land or structure in this state\n\ndedicated to or used, or intended to be used, for the interment of\n\nhuman remains;\n\n16. “Deceptive use of another’s name in notification or\n\nsolicitation” occurs when a business, or a person acting on its\n\nbehalf, engages in the following activity:\n\na. through advertisement, solicitation or other\n\nnotification, either verbally or through any other\n\nmeans, informs a consumer of the availability of any\n\ntype of goods or services that are not free,\n\nb. the name of an unrelated and unaffiliated person is\n\nmentioned in any manner,\n\nc. the goods or services mentioned are not actually\n\nprovided by the unrelated and unaffiliated person\n\nwhose name is mentioned,\n\nd. the business on whose behalf the notification or\n\nsolicitation is made does not have a consensual right\n\nto mention the name of the unrelated and unaffiliated\n\nperson, and\n\ne. neither the actual name nor trade name of the business\n\non whose behalf the notification or solicitation is\n\nbeing made is stated, nor the actual name or trade\n\nname of any actual provider of the goods or services\n\nis stated, so as to clearly identify for the consumer\n\na name that is distinguishable and separate from the\n\nname of the unrelated and unaffiliated person whose\n\nname is mentioned in any manner in the notification or\n\nsolicitation, and thereby a misleading implication or\n\nambiguity is created, such that a consumer who is the\n\nrecipient of the advertisement, solicitation or\n\nnotification may reasonably but erroneously believe:\n\n(1) that the goods or services whose availability is\n\nmentioned are made available by or through the\n\nunrelated and unaffiliated person whose name is\n\nmentioned, or\n\n(2) that the unrelated and unaffiliated person whose\n\nname is mentioned is the one communicating with\n\nthe consumer; and\n\n17. “Consumer laws” means the Oklahoma Consumer Protection Act\n\nas well as the following: Section 1451 (Embezzlement), Section 1502\n\n(Deceptive Advertising), Sections 1533.1 and 1533.2 (False\n\npersonation), Sections 1541.1 and 1541.2 (Obtaining or attempting to\n\nobtain property by trick or deception), Section 1550.2 (Use of\n\ncredit and debit cards without consent), Sections 1550.21 through\n\n1550.43 (Oklahoma Credit Card Crime Act of 1970 and false\n\nidentification) and Sections 1951 through 1981 (Oklahoma Computer\n\nCrimes Act and unlawful reproduction of recordings) of Title 21 of\n\nthe Oklahoma Statutes.","path":["OK Code","Title 15"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"27d7c7e1e04d8153fd8c218514d2f236b40c97b5b02993623a363db361b8a0b8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-751","next":"us-ok/okla.-stat.-tit.-15-15-752a"},"notice":"GroundRules: Original legal text. Not legal advice."}