HB1891 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1891 By: Williams and Hilbert
AS INTRODUCED
An Act relating to telemarketing practices; amending
15 O.S. 2011, Section 775A.4 , which relates to
unlawful telemarketing practices; modifying acts
constituting an unlawful telemarketing practice; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 15 O.S. 2011, Section 775A.4, is
amended to read as follows:
Section 775A.4 A. A commercial telephone seller engages in an
unlawful telemarketing practice when, in the course of any
commercial telephone solicitation, the seller:
1. Conducts business as a commercial telephone seller without
having registered with the Attorney General, as required by Section
775A.3 of this title;
2. Fails to allow the purchaser in any telephone sales
transaction to cancel any purchase or agreement to purchase good s,
services or property at any time before the expiration of three (3)
HB1891 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
business days after the purchaser 's receipt of such goods, services
or property by delivering or mailing to the commercial telephone
seller written notice of cancellation. Notice of ca ncellation, if
sent by mail, is deemed to be given as of the date the mailed notice
was postmarked;
3. Fails to refund all payments made by any purchaser in any
telephone sales transaction within thirty (30) days after the
commercial telephone seller rece ives notice of cancellation from the
purchaser, except that:
a. if the purchaser has received goods or property from
the commercial telephone seller, other than an item
represented as free, the commercial telephone seller
shall refund all payments made by the purchaser within
thirty (30) days after the commercial telephone
seller's receipt of the returned goods or property,
and
b. if the purchaser has received services during the
course of a pay-per-call service call, which services
cannot, by their nature, be returned, the commercial
telephone seller is not required to refund payments to
the purchaser;
4. Fails to disclose to the purchaser during a telephone
solicitation that the purchaser has the cancellation rights set
forth in paragraph 2 of this subsec tion;
HB1891 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. Misrepresents to any person that the person has won a
contest, sweepstakes or drawing, or that the person will receive
free goods, services or property;
6. Represents that the seller 's goods, services or property are
"free" if the commercial tel ephone seller charges or collects a fee
from the purchaser in exchange for providing or delivering such
goods, services or property;
7. Makes any reference to the commercial telephone seller 's
compliance with this act to any purchaser without also disclos ing
that compliance with this act does not constitute approval by any
governmental agency of the seller 's marketing, advertisements,
promotions, goods or services;
8. Uses equipment or techniques the purpose of which is to
intentionally block or avoid det ection of the commercial telephone
seller's identity or telephone number by caller identification
devices;
9. Uses equipment, systems or procedures which automatically
dial and engage the telephone number of more than one person at a
time resulting in a n umber of abandoned calls per day that are more
than five percent (5%) of the number of answered calls per day in
any campaign; or
10. Causes misleading information to be transmitted to a
recipient's caller identification service or device or to otherwise
misrepresent the origin of a telemarketing call. A telemarketer
HB1891 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
does not violate this paragraph if the telemarketer substitutes the
name and telephone number of the person on whose behalf the call is
made for the telemarketer 's name and telephone number; or
11. Engages in any deceptive trade practice defined in Section
752 of this title.
B. Paragraphs 2 and 4 of subsection A of this section do not
apply to a transaction in which the consumer obtains a full refund
for the return of undamaged or unused goo ds or a cancellation of
services by giving notice to the seller within seven (7) days after
receipt by the consumer and the seller processes the refund or
cancellation within thirty (30) days after receipt of the returned
merchandise or the consumer 's request for refund for services not
performed or a pro rata refund for any services not yet performed
for the consumer. The availability and terms of the return and
refund privilege shall be disclosed to the consumer orally by
telephone and in writing with an y advertising or promotional
material or with the delivery of the product or service. If a
seller offers consumers an unconditional guarantee, a clear
disclosure of such guarantee by using the words "satisfaction
guaranteed", "free inspection" or "no-risk guarantee" satisfy the
disclosure requirements of this subsection.
C. The unlawful telemarketing practices listed in this section
are in addition to and do not limit the types of unfair trade
HB1891 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
practices actionable at common law or under other civil and cr iminal
statutes of this state.
D. Any violations of this act are violations of the Oklahoma
Consumer Protection Act.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON TECHNOLOGY, dated 02/10/2 021 - DO
PASS.