{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-1955","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-1955","heading":"Consumer right to damages - Enforcement - Assessment of","body":"cost of examination - Hearings - Application of Administrative\n\nProcedures Act - Recovery by multiple lessees - Lessor adjustment of\n\nerror - Bona fide errors.\n\nA. A consumer damaged by a violation of the Oklahoma Rental-\n\nPurchase Act by a lessor is entitled to recover from the lessor:\n\n1. Actual damages;\n\n2. Twenty-five percent (25%) of an amount equal to the total\n\namount of payments required to obtain ownership of the merchandise\n\ninvolved, except that the amount recovered under this section shall\n\nnot be less than One Hundred Dollars ($100.00) nor more than One\n\nThousand Dollars ($1,000.00), or in the case of a class action, an\n\namount the court may allow, except that as to each member of the\n\nclass no minimum recovery may be applicable and the total recovery\n\nother than for actual damages in any class action or series of class\n\nactions arising out of the same failure to comply by the same lessor\n\nshall not be more than the lesser of Five Hundred Thousand Dollars\n\n($500,000.00) or one percent (1%) of the net worth of the lessor;\n\nand\n\n3. Reasonable attorney fees and court costs.\n\nB. In addition to the enforcement powers provided in Section 6-\n\n102 of Title 14A of the Oklahoma Statutes, the Administrator of\n\nConsumer Credit or a duly authorized representative of the\n\nAdministrator may investigate the books, accounts, papers,\n\ncorrespondence and records of any lessor licensed under the Oklahoma\n\nRental-Purchase Act. For the purposes of this section, any person\n\nwho advertises for, solicits or holds himself or herself out as\n\nwilling to make rental-purchase transactions, shall be presumed to\n\nbe a rental-purchase lessor. Each lessor shall pay to the\n\nAdministrator an examination fee as prescribed by rule of the\n\nCommission on Consumer Credit. The Administrator may require\n\npayment of an examination fee either at the time of initial\n\napplication, renewal of the license, or after an examination has\n\nbeen conducted.\n\nC. The Administrator may promulgate rules and regulations\n\nnecessary for the enforcement of the Oklahoma Rental-Purchase Act\n\nand consistent with all its provisions.\n\nD. The Administrator shall appoint an independent hearing\n\nexaminer to conduct all administrative hearings involving alleged\n\nviolations of the Oklahoma Rental-Purchase Act. The independent\n\nhearing examiner shall have authority to exercise all powers granted\n\nby Article II of the Administrative Procedures Act in conducting\n\nhearings. The independent hearing examiner shall have authority to\n\nrecommend penalties authorized by the Oklahoma Rental-Purchase Act\n\nand issue proposed orders, with proposed findings of fact and\n\nproposed conclusions of law, to the Administrator pursuant to\n\nArticle II of the Administrative Procedures Act. The Administrator\n\nshall review the proposed order and issue a final agency order in\n\naccordance with Article II of the Administrative Procedures Act.\n\nAny person aggrieved by a final agency order of the Administrator\n\nmay obtain judicial review in accordance with the Administrative\n\nProcedures Act. The jurisdiction and venue of any such action shall\n\nbe in the district court of Oklahoma County or the county of the\n\naggrieved. Hearing costs may be assessed against the respondent,\n\nunless the respondent is the prevailing party.\n\nE. After notice and hearing, the Administrator may decline to\n\nrenew a license, or suspend or revoke any license issued pursuant to\n\nthe Oklahoma Rental-Purchase Act for violating any provision of the\n\nOklahoma Rental-Purchase Act or any rules promulgated by the\n\nAdministrator, or in lieu of or in addition to such denial,\n\nsuspension or revocation, order the refund of any unlawful or\n\nexcessive fees, enter a cease and desist order or impose an\n\nadministrative fine in an amount not less than One Hundred Dollars\n\n($100.00) nor more than Two Thousand Five Hundred Dollars\nating any provision of the\n\nOklahoma Rental-Purchase Act or any rules promulgated by the\n\nAdministrator, or in lieu of or in addition to such denial,\n\nsuspension or revocation, order the refund of any unlawful or\n\nexcessive fees, enter a cease and desist order or impose an\n\nadministrative fine in an amount not less than One Hundred Dollars\n\n($100.00) nor more than Two Thousand Five Hundred Dollars\n\n($2,500.00) for each violation of the Oklahoma Rental-Purchase Act,\n\nnot to exceed Five Thousand Dollars ($5,000.00) for all violations\n\nof a lessor.\n\nF. Except as otherwise expressly provided in the Oklahoma\n\nRental-Purchase Act, the Administrative Procedures Act, Sections\n\n250.3 through 323 of Title 75 of the Oklahoma Statutes, applies to\n\nand governs all administrative actions and civil proceedings taken\n\nby the Administrator pursuant to the Oklahoma Rental-Purchase Act.\n\nG. Where there are multiple lessees to a rental-purchase\n\nagreement, there shall be no more than one recovery under the\n\nOklahoma Rental-Purchase Act for a violation.\n\nH. A lessor is not liable under the Oklahoma Rental-Purchase\n\nAct for a violation thereof caused by the lessor's error if before\n\nthe sixtieth day after the date the lessor discovers the error, and\n\nbefore an action under this section is filed or written notice of\n\nthe error is received by the lessor from the lessee, the lessor\n\ngives the lessee written notice of the error and makes adjustments\n\nin the lessee's account as necessary to ensure that the lessee will\n\nnot be required to pay an amount in excess of the amount disclosed\n\nand that the agreement otherwise complies with this subsection. Nor\n\nmay a lessor be held liable in any action brought under the Oklahoma\n\nRental-Purchase Act for a violation of the Oklahoma Rental-Purchase\n\nAct if the lessor shows by a preponderance of the evidence that the\n\nviolation was not intentional and resulted from a bona fide error\n\nnotwithstanding the maintenance of procedures reasonably adopted to\n\navoid the error. A bona fide error includes, but is not limited to,\n\na clerical, calculation, computer malfunction in programming, and\n\nprinting error, but not an error of legal judgment with respect to a\n\nlessor's disclosure obligations under the Oklahoma Rental-Purchase\n\nAct.\n\nI. Any entity or individual offering to engage or engaged as a\n\nrental-purchase lessor in this state without a license shall be\n\nsubject to an administrative fine not to exceed Five Thousand\n\nDollars ($5,000.00).\n\nJ. The Administrator may impose an administrative fine as\n\nprescribed in subsection I of this section, after notice and hearing\n\nin accordance with Article II of the Administrative Procedures Act.\n\nAny administrative order or settlement agreement may be enforced in\n\nthe same manner as civil judgments in this state. The Administrator\n\nmay file an application to enforce an administrative order or\n\nsettlement agreement in the district court of Oklahoma County or the\n\ncounty of the aggrieved.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"24cc6926c50166723d644a9c1480ec085548fef67a4d58d78257b4fe39bc6992","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-1954","next":"us-ok/okla.-stat.-tit.-59-59-1957"},"notice":"GroundRules: Original legal text. Not legal advice."}