{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-775a.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-775A.4","heading":"Unlawful telemarketing practices","body":"A. A commercial telephone seller engages in an unlawful\n\ntelemarketing practice when, in the course of any commercial\n\ntelephone solicitation, the seller:\n\n1. Conducts business as a commercial telephone seller without\n\nhaving registered with the Attorney General, as required by Section\n\n775A.3 of this title;\n\n2. Fails to allow the purchaser in any telephone sales\n\ntransaction to cancel any purchase or agreement to purchase goods,\n\nservices or property at any time before the expiration of three (3)\n\nbusiness days after the purchaser's receipt of such goods, services\n\nor property by delivering or mailing to the commercial telephone\n\nseller written notice of cancellation. Notice of cancellation, if\n\nsent by mail, is deemed to be given as of the date the mailed notice\n\nwas postmarked;\n\n3. Fails to refund all payments made by any purchaser in any\n\ntelephone sales transaction within thirty (30) days after the\n\ncommercial telephone seller receives notice of cancellation from the\n\npurchaser, except that:\n\na. if the purchaser has received goods or property from\n\nthe commercial telephone seller, other than an item\n\nrepresented as free, the commercial telephone seller\n\nshall refund all payments made by the purchaser within\n\nthirty (30) days after the commercial telephone\n\nseller's receipt of the returned goods or property,\n\nand\n\nb. if the purchaser has received services during the\n\ncourse of a pay-per-call service call, which services\n\ncannot, by their nature, be returned, the commercial\n\ntelephone seller is not required to refund payments to\n\nthe purchaser;\n\n4. Fails to disclose to the purchaser during a telephone\n\nsolicitation that the purchaser has the cancellation rights set\n\nforth in paragraph 2 of this subsection;\n\n5. Misrepresents to any person that the person has won a\n\ncontest, sweepstakes or drawing, or that the person will receive\n\nfree goods, services or property;\n\n6. Represents that the seller's goods, services or property are\n\n“free” if the commercial telephone seller charges or collects a fee\n\nfrom the purchaser in exchange for providing or delivering such\n\ngoods, services or property;\n\n7. Makes any reference to the commercial telephone seller's\n\ncompliance with this act to any purchaser without also disclosing\n\nthat compliance with this act does not constitute approval by any\n\ngovernmental agency of the seller's marketing, advertisements,\n\npromotions, goods or services;\n\n8. Uses equipment or techniques the purpose of which is to\n\nintentionally block or avoid detection of the commercial telephone\n\nseller’s identity or telephone number by caller identification\n\ndevices;\n\n9. Uses equipment, systems or procedures which automatically\n\ndial and engage the telephone number of more than one person at a\n\ntime resulting in a number of abandoned calls per day that are more\n\nthan five percent (5%) of the number of answered calls per day in\n\nany campaign; or\n\n10. Engages in any deceptive trade practice defined in Section\n\n752 of this title.\n\nB. Paragraphs 2 and 4 of subsection A of this section do not\n\napply to a transaction in which the consumer obtains a full refund\n\nfor the return of undamaged or unused goods or a cancellation of\n\nservices by giving notice to the seller within seven (7) days after\n\nreceipt by the consumer and the seller processes the refund or\n\ncancellation within thirty (30) days after receipt of the returned\n\nmerchandise or the consumer's request for refund for services not\n\nperformed or a pro rata refund for any services not yet performed\n\nfor the consumer. The availability and terms of the return and\n\nrefund privilege shall be disclosed to the consumer orally by\n\ntelephone and in writing with any advertising or promotional\n\nmaterial or with the delivery of the product or service. If a\n\nseller offers consumers an unconditional guarantee, a clear\n\ndisclosure of such guarantee by using the words “satisfaction\nrvices not yet performed\n\nfor the consumer. The availability and terms of the return and\n\nrefund privilege shall be disclosed to the consumer orally by\n\ntelephone and in writing with any advertising or promotional\n\nmaterial or with the delivery of the product or service. If a\n\nseller offers consumers an unconditional guarantee, a clear\n\ndisclosure of such guarantee by using the words “satisfaction\n\nguaranteed”, “free inspection” or “no-risk guarantee” satisfy the\n\ndisclosure requirements of this subsection.\n\nC. The unlawful telemarketing practices listed in this section\n\nare in addition to and do not limit the types of unfair trade\n\npractices actionable at common law or under other civil and criminal\n\nstatutes of this state.\n\nD. Any violations of this act are violations of the Oklahoma\n\nConsumer Protection Act.","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":"eb85e24f2afcc6917ca068db2296bbe1acbf462842614d215b2e4b361ebb57db","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-775a.3","next":"us-ok/okla.-stat.-tit.-15-15-775a.5"},"notice":"GroundRules: Original legal text. Not legal advice."}
