{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-996.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-996.3","heading":"Violations - Unlawful practices","body":"A. It is unlawful for any person to use the term \"prize\" or\n\n\"gift\" or other similar term in any manner that would be untrue or\n\nmisleading.\n\nB. It is unlawful to notify any person by any means, as a part\n\nof an advertising plan or program, that the person has won a prize\n\nand that as a condition of receiving such prize the person must pay\n\nany money or rent any goods or services.\n\nC. It is unlawful to notify any person by any means that the\n\nperson will receive a gift and that as a condition of receiving the\n\ngift the person must pay any money, or purchase, lease or rent any\n\ngoods or services, if any one or more of the following exists:\n\n1. The shipping charge, depending on the method of shipping\n\nused, exceeds:\n\na. the average cost of postage or the average charge of a\n\ndelivery service in the business of delivering goods\n\nof like size, weight, and kind for shippers other than\n\nthe offeror of the gift for the geographic area in\n\nwhich the gift is being distributed, or\n\nb. the exact amount for shipping paid to an independent\n\nsupplier, who is in the business of shipping goods for\n\nshippers other than the offeror of the gift.\n\n2. The handling charge:\n\na. is not reasonable, or\n\nb. exceeds the actual cost of handling, or\n\nc. exceeds the greater of Three Dollars ($3.00) in any\n\ntransaction or eighty percent (80%) of the actual cost\n\nof the gift item to the offeror or its agent, or\n\nd. in the case of a merchandise retailer, exceeds the\n\nactual amount for handling paid to an independent\n\nsupplier, who is in the business of handling goods for\n\nbusinesses other than the offeror of the gift.\n\n3. Any goods or services which must be purchased or leased by\n\nthe offeree of the gift in order to obtain the gift could have been\n\npurchased through the same marketing channel in which the gift was\n\noffered for a lower price without the gift items at or proximate to\n\nthe time the gift was offered.\n\n4. The majority of the gift offeror's sales or leases within\n\nthe preceding year, through the marketing channel in which the gift\n\nis offered or through in-person sales at retail outlets, of the type\n\nof goods or services which must be purchased or leased in order to\n\nobtain the gift item was made in conjunction with the offer of a\n\ngift. This paragraph does not apply to a gift offer made by a\n\nretail merchant in conjunction with the sale or lease through mail\n\norder of goods or services if:\n\na. the goods or services are of a type unlike any other\n\ntype of goods or services sold or leased by the retail\n\nmerchant at any time during the period beginning six\n\n(6) months before and continuing six (6) months after\n\nthe gift offer,\n\nb. the gift offer does not extend for a period more than\n\ntwo (2) months, and\n\nc. the gift offer is not untrue or misleading in any\n\nmanner.\n\n5. The gift offeror represents that the offeree has been\n\nspecially selected in any manner unless the representation is true.\n\nD. The provisions of subsection C of this section shall not\n\napply to the sale or purchase, or solicitation or representation in\n\nconnection therewith, of goods from a catalog or of books,\n\nrecordings, videocassettes, periodicals and similar goods through a\n\nmembership group or club which is regulated by the Federal Trade\n\nCommission trade regulation rule concerning use of negative option\n\nplans by sellers in commerce or through a contractual plan or\n\narrangement such as a continuity plan, subscription arrangement, or\n\na single sale or purchase series arrangement under which the seller\n\nships goods to a consumer who has consented in advance to receive\n\nsuch goods and the recipient of such goods is given the opportunity,\n\nafter examination of the goods, to receive a full refund of charges\n\nfor the goods, or unused portion thereof, upon return of the goods,\n\nor unused portion thereof, undamaged.\n\nE. Each violation of the provisions of this section shall be an\nnder which the seller\n\nships goods to a consumer who has consented in advance to receive\n\nsuch goods and the recipient of such goods is given the opportunity,\n\nafter examination of the goods, to receive a full refund of charges\n\nfor the goods, or unused portion thereof, upon return of the goods,\n\nor unused portion thereof, undamaged.\n\nE. Each violation of the provisions of this section shall be an\n\nunlawful practice pursuant to the provisions of the Oklahoma\n\nConsumer Protection Act, Section 751 et seq. of Title 15 of the\n\nOklahoma Statutes.\n\nF. Any person who violates the provisions of this section\n\nshall, upon conviction, be guilty of a Class C2 felony offense and\n\nshall be punished by imprisonment as provided for in subsections B\n\nthrough F of Section 20M of this title.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"eb21147f55b8bd82f19c82b675479599fef65410dbf3e8182c35128440249db5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-996.2","next":"us-ok/okla.-stat.-tit.-21-21-99a"},"notice":"GroundRules: Original legal text. Not legal advice."}