{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-775a.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-775A.2","heading":"Definitions","body":"As used in Section 775A.1 et seq. of this title, unless the\n\ncontext otherwise requires:\n\n1. “Commercial telephone seller” or “seller” means a person\n\nwho, in the course of such person's business, vocation or\n\noccupation, on the person's own behalf or on behalf of another\n\nperson, causes or attempts to cause a commercial telephone\n\nsolicitation to be made; except that “commercial telephone seller”\n\nor “seller” does not include a telephone call made by:\n\na. a person offering or selling a security as defined in\n\nSection 1-102 of Title 71 of the Oklahoma Statutes if:\n\n(1) the security is either registered as required by\n\nSection 1-301 of Title 71 of the Oklahoma\n\nStatutes, or exempt from registration under\n\nSection 1-201 of Title 71 of the Oklahoma\n\nStatutes and general or public solicitation is\n\nnot prohibited or the security is a federal\n\ncovered security for which a notice filing has\n\nbeen made under Section 1-302 of Title 71 of the\n\nOklahoma Statutes, and\n\n(2) the person is registered as required by Section\n\n1-401, 1-402, 1-403 or 1-404 of Title 71 of the\n\nOklahoma Statutes as a broker-dealer as defined\n\nin Section 1-102 of Title 71 of the Oklahoma\n\nStatutes, an agent as defined in Section 1-102 of\n\nTitle 71 of the Oklahoma Statutes, an investment\n\nadviser as defined in Section 1-102 of Title 71\n\nof the Oklahoma Statutes, or an investment\n\nadviser representative as defined in Section 1-\n\n102 of Title 71 of the Oklahoma Statutes, unless\n\nexpressly excluded from such definitions, or such\n\nperson is exempted from registration under\n\nSection 1-401, 1-402, 1-403 or 1-404 of Title 71\n\nof the Oklahoma Statutes,\n\nb. a person soliciting the sale of any book, record,\n\naudio tape, compact disc or video if the person allows\n\nthe purchaser to review the merchandise without\n\nobligation for at least seven (7) days and provides a\n\nfull refund for the return of undamaged merchandise\n\nwithin thirty (30) days or if the person solicits such\n\nsale on behalf of a membership club operating in\n\nconformity with 16 Code of Federal Regulations 425,\n\nc. a person soliciting a residential customer for the\n\nsole purpose of polling or soliciting the expression\n\nof ideas, opinions or votes, or a person soliciting\n\nsolely for a political or religious cause or purpose,\n\nd. a paid solicitor or charitable organization which is\n\nrequired to and which has complied with the notice and\n\nreporting requirements of Section 552.3 of Title 18 of\n\nthe Oklahoma Statutes or a person who is excluded from\n\nsuch notice and reporting requirements by Section\n\n552.4 of Title 18 of the Oklahoma Statutes,\n\ne. a supervised financial organization, as defined in\n\nSection 1-301 of Title 14A of the Oklahoma Statutes,\n\nand its employees, when acting within the scope of\n\ntheir employment,\n\nf. a supervised lender, as defined in subsection (2) of\n\nSection 3-501 of Title 14A of the Oklahoma Statutes,\n\nand its agents and employees, when acting within the\n\nscope of their employment,\n\ng. a person or an affiliate of a person who is regulated\n\nby the Insurance Commission pursuant to Title 36 of\n\nthe Oklahoma Statutes,\n\nh. a person soliciting without the intent to complete and\n\nwho does not in fact complete the sales transaction\n\nduring the telephone solicitation or another telephone\n\nsolicitation and who only completes the sales\n\ntransaction at a later face-to-face meeting between\n\nthe solicitor and the prospective purchaser, excluding\n\na face-to-face meeting, the sole purpose of which is\n\nto collect the payment or deliver any item purchased,\n\nor a person soliciting a purchaser with whom the\n\nperson has had a previous face-to-face meeting in the\n\ncourse of such person's business,\n\ni. any governmental entity or employee thereof, acting in\n\nthe employee's official capacity,\n\nj. a person soliciting telephone service, or licensed or\n\nfranchised cable television service, which is billed\n\nand paid on a daily, weekly, or monthly basis and\ned,\n\nor a person soliciting a purchaser with whom the\n\nperson has had a previous face-to-face meeting in the\n\ncourse of such person's business,\n\ni. any governmental entity or employee thereof, acting in\n\nthe employee's official capacity,\n\nj. a person soliciting telephone service, or licensed or\n\nfranchised cable television service, which is billed\n\nand paid on a daily, weekly, or monthly basis and\n\nwhich can be canceled at any time without further\n\nobligation to the purchaser,\n\nk. a person or an affiliate of a person whose business is\n\nregulated by the Oklahoma Real Estate Commission,\n\nl. a person whose conduct is within the exclusive\n\njurisdiction of the federal Commodity Futures Trading\n\nCommission as granted under the federal “Commodity\n\nExchange Act”, as amended,\n\nm. a seller of food for immediate consumption when the\n\nsale to one purchaser does not exceed Three Hundred\n\nDollars ($300.00),\n\nn. a person who initially contacts the purchaser with a\n\nretail sales catalog requesting a telephone call\n\nresponse, when the person allows the purchaser to\n\nreview the merchandise without obligation for at least\n\nseven (7) days and provides a full refund for the\n\nreturn of undamaged merchandise within thirty (30)\n\ndays after receipt of the returned merchandise,\n\no. an issuer or a subsidiary of an issuer that has a\n\nclass of securities which is subject to Section 12 of\n\nthe federal “Securities Exchange Act of 1934”, 15\n\nU.S.C. 781, and which is either registered or exempt\n\nfrom registration under paragraph (A), (B), (C), (E),\n\n(F), (G) or (H) of subsection (g) (2) of that section,\n\np. a person who has been operating for at least three (3)\n\nyears a retail business establishment in Oklahoma\n\nunder the same name as that used in connection with\n\nthe solicitation of sales by telephone if, on a\n\ncontinuing basis, the majority of the seller's\n\nbusiness involves the purchaser receiving the seller's\n\ngoods and services at the seller's business location,\n\nq. any telephone marketing service company which provides\n\ntelemarketing sales services under written contract to\n\nsellers and has been operating continuously for at\n\nleast five (5) years under the same business name and\n\nseventy-five percent (75%) or more of its services are\n\nperformed on behalf of sellers exempt from this\n\nsection. Nothing in this paragraph shall be construed\n\nto exempt any commercial telephone seller that\n\ncontracts with a telephone marketing service company\n\nfor telemarketing sales service from the requirements\n\nset forth in Section 775A.3 of this title,\n\nr. a person soliciting business solely from business\n\npurchasers who have previously purchased identical or\n\nsimilar goods or services from the business enterprise\n\non whose behalf the person is calling,\n\ns. a person or an affiliate of a person whose business is\n\nregulated by the Corporation Commission,\n\nt. a person soliciting the sale of any newspaper,\n\nmagazine, or other periodical of general circulation\n\nif such sales constitute a majority of such person's\n\nbusiness and business revenues, or\n\nu. a person or affiliate of a person who offers or sells\n\nproducts or services by means of a cellular telephone\n\ntext message only to persons who have affirmatively\n\nindicated their opt-in consent to receive cellular\n\ntelephone text messages for such purpose from such\n\nperson or affiliate;\n\n2. “Commercial telephone solicitation” means:\n\na. an unsolicited telephone call or message, including,\n\nbut not limited to, a cellular telephone text message,\n\nto a person initiated by a commercial telephone seller\n\nor salesperson, or an automated dialing machine with\n\nor without a recorded message device or electronic\n\ntext message delivery device, for the purpose of\n\ninducing the person to purchase or invest in goods,\n\nservices or property or offering an extension of\n\ncredit,\n\nb. any other communication by a commercial telephone\n15. Contracts Page 163\n\nto a person initiated by a commercial telephone seller\n\nor salesperson, or an automated dialing machine with\n\nor without a recorded message device or electronic\n\ntext message delivery device, for the purpose of\n\ninducing the person to purchase or invest in goods,\n\nservices or property or offering an extension of\n\ncredit,\n\nb. any other communication by a commercial telephone\n\nseller in which:\n\n(1) a gift, award, prize or contest is offered and a\n\ntelephone call response from the intended\n\npurchaser is invited,\n\n(2) a loan, credit card or other extension of credit\n\nis offered to a purchaser who has not previously\n\npurchased from the person initiating the\n\ncommunication, and a telephone call response from\n\nthe intended purchaser is invited, or\n\n(3) a sale is to be completed or an agreement to\n\npurchase is to be entered into during the course\n\nof the telephone call response, or\n\nc. any other communication by a commercial telephone\n\nseller which includes representations about the price,\n\nquality or availability of goods, services or property\n\nand which invites a response by telephone or cellular\n\ntelephone text message, including pay-per-call or pay-\n\nper-text service calls, or which is followed by a\n\ntelephone call or message, including, but not limited\n\nto, a cellular telephone text message, to the intended\n\npurchaser by a salesperson;\n\n3. “Pay-per-call” or “pay-per-text” means the use of a\n\ntelephone number with a 900 prefix or any other prefix under which\n\nliability for the service or product provided attaches to the\n\ntelephone bill of the individual calling such number;\n\n4. “Principal” means an owner, an officer of a corporation, a\n\ngeneral partner of a partnership, the sole proprietor of a sole\n\nproprietorship, a trustee of a trust or any other individual with\n\nsimilar supervisory functions with respect to any person;\n\n5. “Purchaser” means a person who receives or responds to a\n\ncommercial telephone solicitation;\n\n6. “Salesperson” means any person employed or authorized by a\n\ncommercial telephone seller to cause or attempt to cause a\n\ncommercial telephone solicitation to be made; and\n\n7. “Telephone sales transaction” means any payment of money by\n\na purchaser in exchange for the promise of goods, services, property\n\nor an extension of credit by a commercial telephone seller and\n\nincludes all communications which precede such payment of money.","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":"465816c83d8b7ea4502671f06d45944065fc4749b92d673305cdf34d13df3ce7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-775a.1","next":"us-ok/okla.-stat.-tit.-15-15-775a.3"},"notice":"GroundRules: Original legal text. Not legal advice."}