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SENATE FLOOR VERSION
February 11, 2021
CORRECTED
SENATE BILL NO. 321 By: Haste of the Senate
and
Boatman of the House
An Act relating to on-line businesses; requiring
certain Internet website notification; requiring
redirect statement; providing content of redirect
statement; prohibiting redirect tracking features and
links without consent; amending 78 O.S. 2011, Section
53, which relates to deceptive trade prac tices;
adding certain deceptive practice for on-line
businesses; amending 15 O.S. 2011, Section 753, as
amended by Section 1, Chapter 258, O.S.L. 2012 (15
O.S. Supp. 2020, Secti on 753), which relates to the
Consumer Protection Act; adding certain unfair
consumer practice; requiring certain notification for
redirect to third-party websites; providing for
codification; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 57 of Title 78, unless there is
created a duplication in numb ering, reads as follows:
It shall be a deceptive trade practice for an on-line business
operating within this state to use or allow to be embedded any
redirect tracking feature, link or hyperlink on its Internet website
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that redirects a consumer unknowingly to a third party website to
complete a financial transaction, unless the original on -line
business website uses a redirect statem ent that clearly appears to
the consumer prior to the redirect to a third-party website. The
redirect statement shall have language substantially similar to:
"You are being redirected to a third-party website that (is/is not)
(associated/affiliated) wi th this business".
SECTION 2. AMENDATORY 78 O.S. 2011, Section 53, is
amended to read as follows:
Section 53. A. A person engages in a deceptive trade practice
when in the course of business, vocation , or occupation, the person:
1. Passes off goods or services as those of another;
2. Knowingly makes a false representation as to the source,
sponsorship, approval , or certification of goods or services;
3. Knowingly makes a false representation as to affiliation,
connection, association with , or certification by another;
4. Uses deceptive representations or designations of geographic
origin in connection with goods or services;
5. Knowingly makes a false representation as to the
characteristics, ingredients, uses, benefits or quantities of goods
or services or a false representation as to the sponsorship,
approval, status, affiliation, or connection of a person therewith;
6. Represents that goods are original or new if they are not;
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7. Represents that goods or services are a particular standard,
quality, or grade, or that goods are a particular style or model, if
they are another;
8. Disparages the goods, services , or business of another by
false or misleading representation of fact;
9. Advertises goods or services which differ from those offered
for sale in the advertisements;
10. Advertises goods or services with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity;
11. Makes false or misleading statements of fact concerning the
reasons for, existence of, or amounts of price reductions;
12. Advertises the price of an item after deduction of a rebate
unless the actual selling price is advertised and clear and
conspicuous notice is given in the advertisement that a mail -in
rebate is required to achieve the lower net price;
13. Misrepresents the geographic location of the supplier by
listing a fictitious business name or an assumed business name in a
local telephone directory if:
a. the name misrepresents the geographic location of the
supplier,
b. the listing fails to identify the locality and state
of the business of the supplier,
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c. calls to the local telephone number are routinely
forwarded or otherwise transferred to a business
location that is outside the calling area covered by
the local telephone directory, or
d. the business location of the supplier is located in a
county that is not contiguous to a county in the
calling area covered by the local telephone directory;
or
14. Lists a fictitious business name or assumed business na me
in a directory assistance database if:
a. the name misrepresents the geographic location of the
supplier,
b. calls to the local telephone number are routinely
forwarded or otherwise transferred to a business
location that is outside the local calling ar ea, or
c. the business location of the supplier is located in a
county that is not contiguous to a county in the local
calling area; or
15. Fails to use a written redirect statement on its on-line
business website to notify the customer that he or she is being
redirected away from the original on-line business website to a
third-party website to complete a financial transaction. The
redirect statement shall have language substantially similar to:
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"You are being redirected to a third-party website that (is/ is not)
(associated/affiliated) with this business ".
B. Evidence that a person has engaged in a deceptive trade
practice shall be prima facie evidence of intent to injure
competitors and to destroy or substantially lessen competition .
C. The deceptive tr ade 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 statutes of this state.
SECTION 3. AMENDATORY 15 O.S. 2011, Section 753, as
amended by Section 1, Chapter 258, O.S.L. 2012 (15 O.S. Supp. 2020,
Section 753), is amended to read as follows:
Section 753. A person engages in a practice which is declared
to be unlawful under the Oklah oma Consumer Protectio n Act when, in
the course of the person 's business, the person:
1. Represents, knowi ngly 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 representa tion, knowingly or
with reason to know, as to th e source, sponsorship, approval, or
certification of the subject of a consumer transaction;
3. Makes a false or misleading representation, knowingly or
with reason to know, as to affili ation, connection, ass ociation
with, or certification by another;
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4. Makes a false or misleading represent ation or designation,
knowingly or with reason to know, of the geographic origin of the
subject of a consumer transaction;
5. Makes a false represen tation, knowingly or w ith reason to
know, as to the characteristics, i ngredients, uses, benefits,
alterations, or quantities of the subject of a consumer transaction
or a false representation as to the sponsorship, approval, status,
affiliation or connecti on of a person therewi th;
6. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is original or new if the person
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 particula r standard, style
or model, if it is of another;
8. Advertises, knowingly or 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;
10. Advertises under the guise of obtaining sales pe rsonnel
when in fact the purpose is to sell the subject of a consumer
transaction to the sales personnel ap plicants;
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11. Makes false or misleading statements of fact, knowingly or
with reason to know, concerning the price of the subject of a
consumer transaction or the reason for, existence 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 acco mpanied by one or
more of the following practices:
a. refusal to show the subject of a consumer transaction
advertised,
b. disparagement of the advertised subject of a consumer
transaction or the terms of sale,
c. requiring undisclosed tie -in sales or other
undisclosed conditio ns to be met 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 defectiv e subject of a
consumer transaction which the seller knows is
unusable or impracticable for the purpose set forth in
the advertisement,
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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 make deliveries of the subject of a
consumer transaction within a reasonabl e time or to
make a refund therefor upon the request of the
purchaser;
13. Conducts a closing out sale without having first ob tained a
license as required in the Oklahoma Consumer Protection Act;
14. Resumes the busin ess for which the closing out sale wa s
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 of the Home Repair Fraud Act;
18. Violates any provision of the Consumer Disclosure of Prizes
and Gifts Act;
19. Violates any provi sion of Section 755.1 of this title or
Section 1847a of Title 21 of the Oklahoma Stat utes;
20. Commits an unfair or deceptive trade practice as defined in
Section 752 of this title ;
21. Violates any provision of Section 169.1 7111 of Title 8 36
of the Oklahoma Statutes in fraudulently or intentionally failing or
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refusing to honor the con tract to provide certain cemetery services
specified in the contract entered into pursuant to the Perpetual
Care Fund Act;
22. Misrepresents a mail solicita tion 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, warra nties, or any
other merchandise offered by a person in a consu mer 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 pr oducts which 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 ;
29. Falsely states or implies that any person, product or
service is recommended or endorsed by a named third person;
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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 person, whether that
person is named or unnamed;
31. Acting as a debt 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, conta cts a debtor and uses
obscene or profane language to collect a debt; or
33. Fails to use a written redirect statement on its on-line
business website to notify the customer that he or she is being
redirected away from the original on-line business website to a
third-party website to complete a financial transaction. The
redirect statement shall have language substantially similar to:
"You are being redirected to a third-party website that (is/is not)
(associated/affiliated) with this business ".
SECTION 4. It being immediatel y necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take eff ect and
be in full force from and a fter its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON B USINESS, COMMERCE AND TOURISM
February 11, 2021 - DO PASS