{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-761.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-761.1","heading":"Liability under Consumer Protection Act","body":"A. The commission of any act or practice declared to be a\n\nviolation of the Consumer Protection Act shall render the violator\n\nliable to the aggrieved consumer for the payment of actual damages\n\nsustained by the customer and costs of litigation including\n\nreasonable attorney's fees, and the aggrieved consumer shall have a\n\nprivate right of action for damages, including but not limited to,\n\ncosts and attorney's fees. In any private action for damages for a\n\nviolation of the Consumer Protection Act the court shall, subsequent\n\nto adjudication on the merits and upon motion of the prevailing\n\nparty, determine whether a claim or defense asserted in the action\n\nby a nonprevailing party was asserted in bad faith, was not well\n\ngrounded in fact, or was unwarranted by existing law or a good faith\n\nargument for the extension, modification, or reversal of existing\n\nlaw. Upon so finding, the court shall enter a judgment ordering\n\nsuch nonprevailing party to reimburse the prevailing party an amount\n\nnot to exceed Ten Thousand Dollars ($10,000.00) for reasonable\n\ncosts, including attorney's fees, incurred with respect to such\n\nclaim or defense.\n\nB. The commission of any act or practice declared to be a\n\nviolation of the Consumer Protection Act, if such act or practice is\n\nalso found to be unconscionable, shall render the violator liable to\n\nthe aggrieved customer for the payment of a civil penalty,\n\nrecoverable in an individual action only, in a sum set by the court\n\nof not more than Two Thousand Dollars ($2,000.00) for each\n\nviolation. In determining whether an act or practice is\n\nunconscionable the following circumstances shall be taken into\n\nconsideration by the court: (1) whether the violator knowingly or\n\nwith reason to know, took advantage of a consumer reasonably unable\n\nto protect his or her interests because of his or her age, physical\n\ninfirmity, ignorance, illiteracy, inability to understand the\n\nlanguage of an agreement or similar factor; (2) whether, at the time\n\nthe consumer transaction was entered into, the violator knew or had\n\nreason to know that price grossly exceeded the price at which\n\nsimilar property or services were readily obtainable in similar\n\ntransactions by like consumers; (3) whether, at the time the\n\nconsumer transaction was entered into, the violator knew or had\n\nreason to know that there was no reasonable probability of payment\n\nof the obligation in full by the consumer; (4) whether the violator\n\nknew or had reason to know that the transaction he or she induced\n\nthe consumer to enter into was excessively one-sided in favor of the\n\nviolator.\n\nC. Any person who is found to be in violation of the Oklahoma\n\nConsumer Protection Act in a civil action or who willfully violates\n\nthe terms of any injunction or court order issued pursuant to the\n\nConsumer Protection Act shall forfeit and pay a civil penalty of not\n\nmore than Ten Thousand Dollars ($10,000.00) per violation, in\n\naddition to other penalties that may be imposed by the court, as the\n\ncourt shall deem necessary and proper. For the purposes of this\n\nsection, the district court issuing an injunction shall retain\n\njurisdiction, and in such cases, the Attorney General, acting in the\n\nname of the state, or a district attorney may petition for recovery\n\nof civil penalties.\n\nD. In administering and pursuing actions under this act, the\n\nAttorney General and a district attorney are authorized to sue for\n\nand collect reasonable expenses, attorney's fees, and investigation\n\nfees as determined by the court. Civil penalties or contempt\n\npenalties sued for and recovered by the Attorney General or a\n\ndistrict attorney shall be used for the furtherance of their duties\n\nand activities under the Consumer Protection Act.\n\nE. In addition to other penalties imposed by the Oklahoma\n\nConsumer Protection Act, any person convicted in a criminal\nattorney's fees, and investigation\n\nfees as determined by the court. Civil penalties or contempt\n\npenalties sued for and recovered by the Attorney General or a\n\ndistrict attorney shall be used for the furtherance of their duties\n\nand activities under the Consumer Protection Act.\n\nE. In addition to other penalties imposed by the Oklahoma\n\nConsumer Protection Act, any person convicted in a criminal\n\nproceeding of violating the Oklahoma Consumer Protection Act shall\n\nbe guilty of a D1 felony offense and shall be subject to\n\nimprisonment as provided for in subsections B through F of Section\n\n20N of Title 21 of the Oklahoma Statutes, or a fine not to exceed\n\nFive Thousand Dollars ($5,000.00), or both such fine and\n\nimprisonment.","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":"d706acb84656e7e6d70f350585a05353752541c5864f84ac815c42ca9ae4043f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-760","next":"us-ok/okla.-stat.-tit.-15-15-762"},"notice":"GroundRules: Original legal text. Not legal advice."}