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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1823 By: Jett
AS INTRODUCED
An Act relating to consumer protection; amending 15
O.S. 2021, Section 753, which r elates to unlawful
practices; prohibiting the targeting to minors of
content or messages containing obscene material; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 15 O.S. 2021, Section 753, is
amended to read as follows:
Section 753. A person engages in a practice which is declared
to be unlawful under the Oklahoma Consumer Protection Act when, in
the course of the person ’s business, the person:
1. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is of a particular make or brand,
when it is of another;
2. Makes a false or misleading representation, knowi ngly or
with reason to know, as to the source, sponsorship, approva l, or
certification of the subject of a consum er transaction;
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3. Makes a false or misleading representation, knowingly or
with reason to know, as to affiliation, connection, association
with, or certification by another;
4. Makes a false or misleading re presentation or designation,
knowingly or with reason to know, of the geographic origin of the
subject of a consumer transaction;
5. Makes a false representation, knowingly or with reason to
know, as to the characteristics, ingredients, uses, benefits,
alterations, or quantities of the subject of a c onsumer transaction
or a false representation as to the sponsorship, approval, status,
affiliation or connection of a person therewith;
6. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is original or new if the p erson
knows that it is reconditioned, reclaimed, used, or secondhand;
7. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is of a particular standard, style
or model, if it is of another;
8. Advertises, knowingly o r with reason to know, the subject of
a consumer transaction with intent not to sell it as advertised;
9. Advertises, knowingly or with reason to know, the subject of
a consumer transaction with intent not to supply reasonably expected
public demand, unless the advertisement discloses a limitation of
quantity;
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10. Advertises under the guise of obtaining sales personnel
when in fact the purpose is to sell the subject of a consumer
transaction to the sales perso nnel applicants;
11. Makes false or misleadin g statements of fact, knowingly or
with reason to know, concerning the price of the subject of a
consumer transaction or the reason for, existe nce of, or amounts of
price reduction;
12. Employs “bait and switch” advertising, which consists of an
offer to sell the subject of a consumer transaction which the seller
does not intend to sell, which advertising is accompanied by one or
more of the following practices:
a. refusal to show the subject of a consumer tran saction
advertised,
b. disparagement of the ad vertised subject of a consumer
transaction or the terms of sale,
c. requiring undisclosed tie -in sales or other
undisclosed conditions to be me t prior to selling the
advertised subject of a consumer transaction ,
d. refusal to take orders for the subject of a consumer
transaction advertised for delivery within a
reasonable time,
e. showing or demonstrating defective subject of a
consumer transaction which the seller knows is
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unusable or impracticable for the purp ose set forth in
the advertisement,
f. accepting a deposit for the subject of a consumer
transaction and subsequently charging the buyer for a
higher priced item, or
g. willful failure to m ake deliveries of the subject of a
consumer transaction within a re asonable time or to
make a refund therefor upo n the request of the
purchaser;
13. Conducts a closing out sale without having first ob tained a
license as required in the Oklahoma Consumer P rotection Act;
14. Resumes the business for which the closing out sale was
conducted within thirty -six (36) months from the expiration date of
the closing out sale license;
15. Falsely states, knowingly or with reason to know, that
services, replacements or repairs are needed;
16. Violates any provision of the Oklahoma Health Spa Act;
17. Violates any provision o f the Home Repair Fraud Act;
18. Violates any provision of the Consumer Disclosure of Prizes
and Gifts Act;
19. Violates any provision of Sec tion 755.1 of this title or
Section 1847a of Title 21 of the Oklaho ma Statutes;
20. Commits an unfair or decepti ve trade practice as defined in
Section 752 of this title;
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21. Violates any provision of Section 169.1 of Title 8 of the
Oklahoma Statutes in fraudulently or intentionally failing or
refusing to honor the cont ract to provide certain cemetery services
specified in the contract entered into pursuant to the Perpetual
Care Fund Act;
22. Misrepresents a mail solicitation as an invoice or as a
billing statement;
23. Offers to purchase a mineral or royalty interest through an
offer that resembles an oil and gas lease and that the consumer
believed was an oil and gas lease;
24. Refuses to honor gift certificates, warranties, or any
other merchandise offered by a person in a consumer transaction
executed prior to the closing of the business of the person without
providing a purchaser a means of redeeming such merchandise or
ensuring the warranties offered will be honored by another person;
25. Knowingly causes a charge to be made by any billing method
to a consumer for services which the person knows was not auth orized
in advance by the consumer;
26. Knowingly causes a charge to be made by any billing method
to a consumer for a product or products whic h the person knows was
not authorized in advance by the consumer;
27. Violates Section 752A of this title;
28. Makes deceptive use of another ’s name in notification or
solicitation, as defined in Section 752 of this title;
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29. Falsely states or implies that any person, product or
service is recommended or endorsed by a named third person;
30. Falsely states that information about the consumer,
including but not limited to, the name, address or phone number of
the consumer has been provided by a third pe rson, whether that
person is named or unnamed;
31. Acting as a deb t collector, contacts a debtor and threatens
to file a suit against the debtor over a debt barred by the statute
of limitations which has passed for filing suit for such debt; or
32. Acting as a debt collector, contacts a debtor and uses
obscene or profane language to collect a debt ; or
33. Targets knowingly, or with reason to know, minors with
content or messages containing obscene material or sexual conduct as
defined in Section 1024.1 of Title 21 of the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2022.
58-2-3446 MR 1/20/2022 8:11:56 PM