{"data":{"id":"us-ok/okla.-stat.-tit.-18-18-552.14a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 18, § 18-552.14a","heading":"Professional fundraisers - Violations of act","body":"A. Applicable to charitable organizations, professional\n\nfundraisers and professional solicitors, the following shall\n\nconstitute violations of this act:\n\n1. Knowingly making any false material statement or\n\nrepresentation on a registration application;\n\n2. Using the name of a person when soliciting contributions or\n\nin an advertisement, brochure, stationery or correspondence, without\n\nthe consent or approval of such person, other than an officer,\n\ndirector or trustee of the charitable organization by or for which\n\ncontributions are solicited. This paragraph shall not apply to the\n\nuse of the name of a person that has contributed to or sponsored an\n\nevent or program of the charitable organization in a report,\n\nbrochure, program or listing of donors, contributors, sponsors, or\n\nsupporters issued or published by a charitable organization. This\n\nparagraph shall not apply to the use of a public figure’s name\n\nand/or likeness truthfully and in good faith, so long as such use\n\ndoes not imply a false endorsement;\n\n3. Knowingly using, in connection with solicitation of\n\ncontributions for the purpose of deceiving the public, a name\n\nsimilar to other charitable organizations, professional fundraiser,\n\nprofessional solicitor or government agency or political\n\nsubdivision;\n\n4. Failing to register as required pursuant to Sections 552.3,\n\n552.7 or 552.9, as applicable, of Title 18 of the Oklahoma Statutes\n\nunless otherwise exempted by this act;\n\n5. Employing in any solicitation or collection of contributions\n\nfor a charitable organization any device, scheme or artifice to\n\ndefraud or for obtaining money or property by means of any false\n\npretense, representation or promise; and\n\n6. Failing or refusing to supply requested information as\n\nrequired by Section 552.9 of Title 18 of the Oklahoma Statutes.\n\nB. The Attorney General or a district attorney may bring an\n\naction:\n\n1. To obtain a declaratory judgment that an act or practice\n\nviolates this act;\n\n2. To enjoin, or to obtain a restraining order against a person\n\nwho has violated or is violating this act;\n\n3. To recover actual damages, restitution, disgorgement and\n\npenalties attributed to a violation of this act;\n\n4. To recover reasonable expenses and investigation fees\n\nattributable to a violation of this act;\n\n5. To prosecute any civil or criminal actions as provided by\n\nthis act, as applicable; and\n\n6. To revoke the registration of a charitable organization,\n\nprofessional fundraiser, or professional solicitor for any violation\n\nof this act.\n\nC. In lieu of instigating or continuing an action or\n\nproceeding, the Attorney General or a district attorney may accept a\n\nconsent judgment with respect to any act or practice declared to be\n\na violation of this act. Such a consent judgment shall provide for\n\nthe discontinuance by the person entering the same of any act or\n\npractice declared to be a violation of this act, and it may include\n\na stipulation for the payment by such person of reasonable expenses,\n\nattorney fees, investigation costs and penalties incurred by the\n\nAttorney General or a district attorney. The consent judgment also\n\nmay include a stipulation for restitution to be made by such person\n\nto contributors of money, property or other things received from\n\ncontributors in connection with a violation of this act and also may\n\ninclude a stipulation for specific performance. Any consent\n\njudgment entered into pursuant to this section shall not be deemed\n\nto admit the violation, unless it does so by its terms. Before any\n\nconsent judgment entered into pursuant to this section shall be\n\neffective, it must be approved by the district court and an entry\n\nmade in the manner required for making an entry of judgment. After\n\nsuch approval is received, any breach of the conditions of such\n\nconsent judgment shall be treated as a violation of a court order,\nto admit the violation, unless it does so by its terms. Before any\n\nconsent judgment entered into pursuant to this section shall be\n\neffective, it must be approved by the district court and an entry\n\nmade in the manner required for making an entry of judgment. After\n\nsuch approval is received, any breach of the conditions of such\n\nconsent judgment shall be treated as a violation of a court order,\n\nand shall be subject to all the penalties provided by law therefor.\n\nD. In any action brought by the Attorney General or a district\n\nattorney, the court may:\n\n1. Make such orders or judgments as may be necessary to prevent\n\nthe use or employment by a person of any practice declared to be a\n\nviolation of this act;\n\n2. Make such orders or judgments as may be necessary to\n\ncompensate any person for damages sustained;\n\n3. Enjoin any person from engaging in solicitation of\n\ncharitable contributions in this state;\n\n4. Revoke the registration of a charitable organization,\n\nprofessional fundraiser or professional solicitor;\n\n5. Enter any order that is appropriate in a criminal\n\nprosecution of crimes identified in this act or any other state law;\n\nand\n\n6. Grant other appropriate relief.\n\nE. When an action is filed under this act by the Attorney\n\nGeneral or a district attorney, no action seeking an injunction or\n\ndeclaratory judgment shall be filed in any other district in this\n\nstate based upon the same transaction or occurrence, series of\n\ntransactions or occurrences, or allegations that form the basis of\n\nthe first action filed.\n\nF. When the Attorney General or a district attorney has reason\n\nto believe that a person has engaged in, is engaging in or is about\n\nto engage in any practice declared to be in violation of this act\n\nand he or she believes it to be in the public interest that an\n\ninvestigation should be made to ascertain whether a person has in\n\nfact engaged in, is engaging in or is about to engage in any such\n\npractice, he or she may execute in writing and cause to be served\n\nupon any such person who is believed to have information,\n\ndocumentary material or physical evidence relevant to the alleged\n\nviolation an investigative demand requiring such person to furnish,\n\nunder oath or otherwise, a report in writing setting forth the\n\nnonprivileged relevant facts and circumstances of which the person\n\nhas knowledge, or to appear and testify, or to produce relevant\n\nnonprivileged documentary material or physical evidence for\n\nexamination at such reasonable time and place as may be stated in\n\nthe investigative demand, concerning the solicitation of charitable\n\ncontributions.\n\nG. To accomplish the objectives and to carry out the duties\n\nprescribed by this act, the Attorney General or district attorney,\n\nin addition to other powers conferred on him or her by this act or\n\nthe laws of this state, may issue subpoenas or other process to any\n\nperson and conduct hearings in aid of any investigation or inquiry,\n\nadminister oaths and take sworn statements under penalty of perjury,\n\nand serve and execute in any county, search warrants; provided, that\n\nnone of the powers conferred by this act shall be used for the\n\npurpose of compelling any natural person to furnish testimony or\n\nevidence that might tend to incriminate him or her or subject him\n\nor her to a penalty; and provided further, that information obtained\n\npursuant to the powers conferred by this act shall not be made\n\npublic or disclosed by the Attorney General, district attorney or\n\ntheir employees unless otherwise provided under this act.\n\nH. In addition to any other penalties provided under this act,\n\na charitable organization, professional fundraiser, or professional\n\nsolicitor that is found to be in violation of the Oklahoma\n\nSolicitation of Charitable Contributions Act in a civil action or\n\nwho willfully violates the terms of any injunction or court order\n\nissued pursuant to the Oklahoma Solicitation of Charitable\nder this act.\n\nH. In addition to any other penalties provided under this act,\n\na charitable organization, professional fundraiser, or professional\n\nsolicitor that is found to be in violation of the Oklahoma\n\nSolicitation of Charitable Contributions Act in a civil action or\n\nwho willfully violates the terms of any injunction or court order\n\nissued pursuant to the Oklahoma Solicitation of Charitable\n\nContributions Act shall pay a civil penalty of not more than Ten\n\nThousand Dollars ($10,000.00) per violation, taking into account the\n\nnature and severity of the violation and the benefit provided to the\n\npublic by the violator, along with the need for protecting\n\ncontributors and donors. For the purposes of this section, the\n\ndistrict court issuing an injunction shall retain jurisdiction, and\n\nin such cases, the Attorney General, acting in the name of the\n\nstate, or a district attorney may petition for recovery of civil\n\npenalties.\n\nI. 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 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 this act.\n\nJ. In addition to other penalties imposed by this act, any\n\nperson convicted in a criminal proceeding of committing an act\n\nprohibited in paragraph 1, 3 or 5 of subsection A of this section,\n\nshall be guilty of a felony and upon conviction thereof shall be\n\nsubject to a fine not to exceed Ten Thousand Dollars ($10,000.00) or\n\nimprisonment in the custody of the Department of Corrections for not\n\nmore than five (5) years, or by both such fine and imprisonment.","path":["OK Code","Title 18"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os18.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"96c07391c36bd27d5f071cd29b3eb3c1cfd9c33a5999c4886c0b3c051937515f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-18-18-552.13","next":"us-ok/okla.-stat.-tit.-18-18-552.16"},"notice":"GroundRules: Original legal text. Not legal advice."}