{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-775c.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-775C.5","heading":"Exemptions","body":"Exempt from this act are the following:\n\n1. A person engaging in commercial telephone solicitation where\n\nthe solicitation is an isolated transaction and not conducted in the\n\ncourse of a pattern of repeated transactions of like nature;\n\n2. A person soliciting for religious, charitable, political, or\n\neducational purposes. A person soliciting for other noncommercial\n\npurposes is exempt only if that person is soliciting for a nonprofit\n\norganization and if that organization is properly registered as such\n\nwith the Secretary of State and is included within the exemption of\n\nSection 501(c)(3) or (6) of the Internal Revenue Code;\n\n3. A person who does not make the major sales presentation\n\nduring the telephone solicitation and who does not intend to, and\n\ndoes not actually, complete or obtain provisional acceptance of a\n\nsale during the telephone solicitation, but who makes the major\n\nsales presentation and completes the sale at a later face-to-face\n\nmeeting between the seller and the prospective purchaser. However,\n\nif a seller, directly following a telephone solicitation, causes an\n\nindividual whose primary purpose is to go to the prospective\n\npurchaser to collect the payment or deliver any item purchased, this\n\nexemption does not apply;\n\n4. A licensed securities, commodities, or investment broker,\n\ndealer, or investment adviser when soliciting within the scope of\n\nhis or her license, or a licensed associated person of a securities,\n\ncommodities, or investment broker, dealer, or investment adviser\n\nwhen soliciting within the scope of his or her license. As used in\n\nthis section, \"licensed securities, commodities, or investment\n\nbroker, dealer, or investment adviser\" means a person subject to\n\nlicense or registration by the Securities and Exchange Commission,\n\nby the Financial Industry Regulatory Authority or other self-\n\nregulatory organization as defined by the Securities Exchange Act of\n\n1934, 15 U.S.C., Section 78l, or by an official or agency of this\n\nstate or of any state of the United States. As used in this\n\nsection, \"licensed associated person of a securities, commodities,\n\nor investment broker, dealer, or investment adviser\" means an\n\nassociated person registered or licensed by the Financial Industry\n\nRegulatory Authority or other self-regulatory organization as\n\ndefined by the Securities Exchange Act of 1934, 15 U.S.C., Section\n\n78l, or by an official or agency of this state or of any state of\n\nthe United States;\n\n5. A person primarily soliciting the sale of a newspaper of\n\ngeneral circulation;\n\n6. A book, video, or record club or contractual plan or\n\narrangement:\n\na. under which the seller provides the consumer with a\n\nform which the consumer may use to instruct the seller\n\nnot to ship the offered merchandise,\n\nb. which is regulated by the Trade Regulation Rule\n\nregarding the Use of Negative Option Plans by Sellers\n\nin Commerce, and\n\nc. which provides for the sale of books, records, or\n\nvideos which are not covered under subparagraph a or b\n\nof this paragraph, including continuity plans,\n\nsubscription arrangements, standing-order\n\narrangements, supplements, and series arrangements\n\nunder which the seller periodically ships merchandise\n\nto a consumer who has consented in advance to receive\n\nsuch merchandise on a periodic basis;\n\n7. A supervised financial institution or parent, subsidiary, or\n\naffiliate thereof operating within the scope of supervised activity.\n\nAs used in this section, \"supervised financial institution\" means a\n\ncommercial bank, trust company, savings and loan association, mutual\n\nsavings bank, credit union, industrial loan company, consumer\n\nfinance lender, commercial finance lender, or insurer; provided that\n\nthe institution is subject to supervision by an official or agency\n\nof this state, of any state, or of the United States. For the\n\npurposes of this exemption, \"affiliate\" means a person who directly,\nmmercial bank, trust company, savings and loan association, mutual\n\nsavings bank, credit union, industrial loan company, consumer\n\nfinance lender, commercial finance lender, or insurer; provided that\n\nthe institution is subject to supervision by an official or agency\n\nof this state, of any state, or of the United States. For the\n\npurposes of this exemption, \"affiliate\" means a person who directly,\n\nor indirectly through one or more intermediaries, controls or is\n\ncontrolled by, or is under common control with, a supervised\n\nfinancial institution;\n\n8. Any licensed insurance broker, agent, customer\n\nrepresentative, or solicitor when soliciting within the scope of his\n\nor her license. As used in this section, \"licensed insurance\n\nbroker, agent, customer representative, or solicitor\" means any\n\ninsurance broker, agent, customer representative, or solicitor\n\nlicensed by an official or agency of this state or of any state of\n\nthe United States;\n\n9. A person soliciting the sale of services provided by a cable\n\ntelevision system operating under authority of a franchise or\n\npermit;\n\n10. A business-to-business sale where:\n\na. the commercial telephone seller has been lawfully\n\noperating continuously for at least three (3) years\n\nunder the same business name and has at least fifty\n\npercent (50%) of its dollar volume consisting of\n\nrepeat sales to existing businesses,\n\nb. the purchaser business intends to resell or offer for\n\npurposes of advertisement or as a promotional item the\n\nproperty or goods purchased, or\n\nc. the purchaser business intends to use the property or\n\ngoods purchased in a recycling, reuse,\n\nremanufacturing, or manufacturing process;\n\n11. A person who solicits sales by periodically publishing and\n\ndelivering a catalog of the seller's merchandise to prospective\n\npurchasers, if the catalog:\n\na. contains a written description or illustration of each\n\nitem offered for sale,\n\nb. includes the business address or home office address\n\nof the seller,\n\nc. includes at least twenty (20) pages of written\n\nmaterial and illustrations and is distributed in more\n\nthan one state, or\n\nd. has an annual circulation by mailing of not less than\n\none hundred fifty thousand (150,000);\n\n12. A person who solicits contracts for the maintenance or\n\nrepair of goods previously purchased from the person making the\n\nsolicitation or on whose behalf the solicitation is made;\n\n13. A commercial telephone seller;\n\n14. A telephone company subject to Title 17 of the Oklahoma\n\nStatutes, or affiliate thereof or its agents, or a\n\ntelecommunications business that is regulated by the Oklahoma\n\nCorporation Commission, or a cellular telephone company licensed by\n\nthe Federal Communications Commission or any of their authorized\n\nvendors or independent contractors or other bona fide radio\n\ntelecommunication services provider. For the purposes of this\n\nexemption, \"affiliate\" means a person who directly, or indirectly\n\nthrough one or more intermediaries, controls or is controlled by, or\n\nis under common control with, a telephone company subject to Title\n\n17 of the Oklahoma Statutes;\n\n15. A person who is licensed pursuant to the Funeral Services\n\nLicensing Act in Title 59 of the Oklahoma Statutes and who is\n\nsoliciting within the scope of the license;\n\n16. An issuer or a subsidiary of an issuer that has a class of\n\nsecurities which is subject to Section 12 of the Securities Exchange\n\nAct of 1934, 15 U.S.C., Section 78l, and which is either registered\n\nor exempt from registration under subparagraph (a), subparagraph\nto the Funeral Services\n\nLicensing Act in Title 59 of the Oklahoma Statutes and who is\n\nsoliciting within the scope of the license;\n\n16. An issuer or a subsidiary of an issuer that has a class of\n\nsecurities which is subject to Section 12 of the Securities Exchange\n\nAct of 1934, 15 U.S.C., Section 78l, and which is either registered\n\nor exempt from registration under subparagraph (a), subparagraph\n\n(b), subparagraph (c), subparagraph (e), subparagraph (f),\n\nsubparagraph (g), or subparagraph (h) of subsection (G) of paragraph\n\n(2) of that section;\n\n17. A business soliciting exclusively the sale of telephone\n\nanswering services; provided that the telephone answering services\n\nwill be supplied by the solicitor;\n\n18. A person soliciting a transaction regulated by the\n\nCommodity Futures Trading Commission if the person is registered or\n\ntemporarily licensed for this activity with the Commodity Futures\n\nTrading Commission under the Commodity Exchange Act, 7 U.S.C.,\n\nSection 1 et seq., and the registration or license has not expired\n\nor been suspended or revoked;\n\n19. A person soliciting the sale of food, food product, food\n\ningredient, dietary ingredient, dietary supplement, or beverage for\n\nhuman consumption, if the solicitation neither intends to result in,\n\nor actually results in, a sale which costs the purchaser in excess\n\nof Five Hundred Dollars ($500.00);\n\n20. A person soliciting business from prospective consumers who\n\nhave an existing business relationship with or who have previously\n\npurchased from the business enterprise for which the solicitor is\n\ncalling if the solicitor is operating under the same business\n\nenterprise;\n\n21. A person who has been operating, for at least one (1) year,\n\na retail business establishment under the same name as that used in\n\nconnection with telemarketing and both of the following occur on a\n\ncontinuing basis:\n\na. either products are displayed and offered for sale or\n\nservices are offered for sale and provided at the\n\nbusiness establishment, and\n\nb. a majority of the seller's business involves the buyer\n\nobtaining such products or services at the seller's\n\nlocation;\n\n22. Any person who has been lawfully providing telemarketing\n\nsales services continuously for at least five (5) years under the\n\nsame ownership and control and who derives seventy-five percent\n\n(75%) of its gross telemarketing sales revenues from contracts with\n\npersons exempted in this section;\n\n23. A person licensed pursuant to The Oklahoma Real Estate\n\nLicense Code in Title 59 of the Oklahoma Statutes, soliciting within\n\nthe scope of the license;\n\n24. A publisher, or an agent of a publisher by written\n\nagreement, who solicits the sale of his or her periodical or\n\nmagazine of general, paid circulation. The term \"paid circulation\"\n\nshall not include magazines that are only circulated as part of a\n\nmembership package or that are given as a free gift or prize from\n\nthe publisher or agent of the publisher by written agreement;\n\n25. A person who is licensed or certified to handle pesticides\n\nunder Section 3-82 of Title 2 of the Oklahoma Statutes; and\n\n26. A licensee, or an affiliate of a licensee, regulated under\n\nTitle 6 of the 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":"970052739a0198f81b0e89f308419be81eaf7a1680238de6919c1f46922de349","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-775c.4","next":"us-ok/okla.-stat.-tit.-15-15-775c.6"},"notice":"GroundRules: Original legal text. Not legal advice."}