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SENATE FLOOR VERSION
March 30, 2021
ENGROSSED HOUSE
BILL NO. 1891 By: Williams, Hilbert, Ranson,
Dills, Roberts (Eric),
McDugle and Bell of the
House
and
Taylor of the Senate
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;
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2. Fails to allow the purchaser in any telephone sales
transaction to cancel any purchase or a greement to purchase goods,
services or property at any time before the expiration of three (3)
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 ca ncellation. Notice of cancellation, 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 receives 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 t elephone
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 require d to refund payments to
the purchaser;
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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 subsection;
5. Misrepresents to any person that the person has wo n 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 telephone seller charges or collects a fee
from the purchaser i n 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 purch aser without also disclosing
that compliance with this act does not constitute approv al 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 detection 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 a t a
time resulting in a number of abandoned calls per day that are more
than five percent (5%) of the number of answered calls per day in
any campaign; or
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10. Causes misleading information to be transmitted to a
recipient's caller identification service o r device or to otherwise
misrepresent the origin of a telemarketing call. A telemark eter
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 S ection
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 goods or a cancellation of
services by giving notice to the sel ler 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 refu nd 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 any advertising or promotional
material or with the delivery o f 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 subs ection.
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C. The unlawful telemarketing practices listed in this section
are in addition to and do not limit the types of unfair trade
practices actionable at common law or under other civil and criminal
statutes of this state.
D. Any violations of this ac t are violations of the Oklahoma
Consumer Protection Act.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON B USINESS, COMMERCE AND TOURISM
March 30, 2021 - DO PASS