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ENGROSSED HOUSE AMENDME NTS
TO
ENGROSSED SENATE BILL NO . 871 By: Floyd of the Senate
and
Blancett of the House
An Act relating to consumer protection; amending 15
O.S. 2021, Section 753, which relates to unlawful
practices; prohibiting misrepresentation as a state
agency or an affiliate; and providing an eff ective
date.
AMENDMENT NO. 1. Page 1, Lines 6 through 8, strike the title to
read:
"[ consumer protection – unlawful practices –
affiliates – effective date ]"
AMENDMENT NO. 2. Page 2, Lines 13 through 14, delete beginning with
the word "designation" through the word
"publication" and insert the following language:
"gives the false or misleading impression, of
being affiliated with a state agency or an
affiliate of a state agency through advertisement
or publication"
and amend title to conform
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Passed the House of Representatives the 27th day of April, 2023.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2023.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 871 By: Floyd of the Senate
and
Blancett of the House
An Act relating to consumer protection; amending 15
O.S. 2021, Section 753, which relates to unlawful
practices; prohibiting misrepresentation as a state
agency or an affiliate; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 15 O.S. 2021, Sec tion 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 re ason 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, knowingl y or
with reason to know, as to the source, sponsorship, approval, 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, a s to affiliation, connection, association
with, or certification by another;
4. Makes a false or misleading representation or design ation,
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 char acteristics, ingredients, uses, benefits,
alterations, or quantiti es 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. Knowingly or with reason to know, makes a false or
misleading representation or designation as a state agency or an
affiliate of a state agency through advertisement or publication;
7. 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, reclaime d, used, or secondhand;
7. 8. 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. 9. Advertises, knowingly o r with reason to know, the subject
of a consumer transaction with intent not to sell it as advertis ed;
9. 10. Advertises, knowingly or with reason to know, th e
subject of a consumer transaction with intent not to supply
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reasonably expected public demand, unle ss the advertisement
discloses a limitation of quantity;
10. 11. Advertises under the guise of obtaining sales personnel
when in fact the purpose is to se ll the subject of a consumer
transaction to the sales personnel ap plicants;
11. 12. Makes false or misleadin g statements of fact, knowin gly
or with reason to know, concerning the price of the sub ject of a
consumer transaction or the reason for, existence of, or amounts of
price reduction;
12. 13. Employs "bait and switch" advertising, which consists
of an offer to sell the subject of a co nsumer transaction which the
seller does not intend to sell , which advertising is accompanied by
one or more of the fol lowing practices:
a. refusal to show the subject of a consumer tra nsaction
advertised,
b. disparagement of the ad vertised subject of a co nsumer
transaction or the terms of sale,
c. requiring undisclosed tie-in sales or other
undisclosed conditions to be met prior to selling the
advertised subject of a consumer transactio n,
d. refusal to take orders for the subject of a consumer
transaction advertised for delivery within a
reasonable time,
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e. showing or demonstrating defective subject of a
consumer transaction which the seller knows is
unusable or impracticable for the pur pose set forth in
the advertisement,
f. accepting a deposit for the sub ject of a consumer
transaction and subsequently charging th e buyer for a
higher priced item, or
g. willful failure to m ake deliveries of the subject of a
consumer transaction within a r easonable time or to
make a refund therefor upo n the request of the
purchaser;
13. 14. Conducts a closing out sale without having first
obtained a license as required in the Oklahoma Consumer Protection
Act;
14. 15. Resumes the business for which the clo sing out sale was
conducted within thirty -six (36) months from the expiration date of
the closing out sale license;
15. 16. Falsely states, knowingly or with reason to know, that
services, replacements or repairs are needed;
16. 17. Violates any provisio n of the Oklahoma Health Spa Act;
17. 18. Violates any provision o f the Home Repair Fraud Act;
18. 19. Violates any provision of the Consumer Disclosure of
Prizes and Gifts Act;
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19. 20. Violates any provision of Section 755.1 of this title
or Section 1847a of Title 21 of the Oklahoma Statutes;
20. 21. Commits an unfair or deceptive trade practice as
defined in Section 752 of this title;
21. 22. Violates any provision of Section 169.1 of Title 8 of
the Oklahoma Statutes in fraudulently or intentionally failing or
refusing to honor the contract to provide certain cemetery s ervices
specified in the contract entered into pursuant to the Perpetual
Care Fund Act;
22. 23. Misrepresents a mail solicitation as an invoice or as a
billing statement;
23. 24. Offers to purchase a mineral or royalty interest
through an offer that rese mbles an oil and gas lease and that the
consumer believed was an oil and gas lease;
24. 25. Refuses to honor gift cert ificates, warranties, or any
other merchandise offered by a person in a consumer transaction
executed prior to the closing of the busines s of the person without
providing a purchaser a means of re deeming such merchandise or
ensuring the warranties offered will be honored by another person;
25. 26. Knowingly causes a cha rge to be made by any billing
method to a consumer for services which t he person knows was not
authorized in advance by the consum er;
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26. 27. Knowingly causes a charge to be made by any bil ling
method to a consumer for a product or products which the pers on
knows was not authorized in advance by the consumer;
27. 28. Violates Section 752A of this title;
28. 29. Makes deceptive use of another's name in notification
or solicitation, as defin ed in Section 752 of this title;
29. 30. Falsely states or implie s that any person, product or
service is recommended or endorsed by a n amed third person;
30. 31. 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 th ird person, whether that
person is named or unnamed;
31. 32. 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. 33. Acting as a debt collector, contacts a debtor and uses
obscene or profane language to collect a debt.
SECTION 2. This act shall become effective November 1, 2023.
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Passed the Senate the 2nd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives