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SENATE FLOOR VERSION
March 6, 2025
SENATE BILL NO. 729 By: Frix of the Senate
and
Duel of the House
An Act relating to the Oklahoma Consumer Protection
Act; amending 15 O.S. 2021, Section 753, as amended
by Section 1, Chapter 368, O.S.L. 2023 (15 O.S. Supp.
2024, Section 753), which relates to unlawful
practices; adding actions prohibited as unlawful
practices; defining term; 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, as
amended by Section 1, Chapter 368, O.S.L. 2023 (15 O.S. Supp. 2024,
Section 753), is amended to read as follows:
Section 753. A person engages in a practice which is declared
to be unlawful under the Okla homa 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 t ransaction is of a particular make or brand,
when it is of another;
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2. Makes a false or misleading representation, knowingly or
with reason to know, as to the 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 affil iation, connection, association
with, or certification by another;
4. Makes a false or misleading representation or designation,
knowingly or with reason to know, of th e geographic origin of the
subject of a consumer transaction;
5. Makes a false represe ntation, knowingly or with reason to
know, as to the characteristics, ingredients, uses, benefits,
alterations, or quantities of the subject of a consumer transaction
or a false representation as to the sponsorship, approval, status,
affiliation or connect ion of a person therewith;
6. Knowingly or with reason to know, makes a false or
misleading representation or gives the false or misleading
impression of being affiliat ed with a state agency or an affiliate
of a state agency through advertisement or publi cation;
7. 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;
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;
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9. Advertises, knowingly or with reason to know, the subject of
a consumer transaction with intent not to sell it as advertised;
10. Advertises, knowingl y 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;
11. 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 personnel applicants;
12. 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 re ason for, existence of, or amounts of
price reduction;
13. 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 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 conditions to be met prior to selling the
advertised subject of a consumer transaction,
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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
unusable or impracticable for the purpose set forth in
the advertisement,
f. accepting a deposit for the subject of a consum er
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 reasonable time or to
make a refund therefor upon the request of the
purchaser;
14. Conducts a closing out sale without having first obtained a
license as required in the Okl ahoma Consumer Protection Act;
15. 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;
16. Falsely states, knowingly or with reason to know, that
services, replacements or repairs are needed;
17. Violates any provision of the Oklahoma Health Spa Act;
18. Violates any provision of the Home Repair Fraud Act;
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19. Violates any provision of the Consumer Disclosure of Prizes
and Gifts Act;
20. Violates any provision of Section 755.1 of this title or
Section 1847a of Title 21 of the Oklahoma Statutes;
21. Commits an unfair or deceptive trade practice as defined in
Section 752 of this title;
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 services
specified in the contract entered into pursuant to the Perpetual
Care Fund Act;
23. Misrepresents a mail solicitation as an invoic e or as a
billing statement;
24. 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;
25. 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 perso n;
26. Knowingly causes a charge to be made by any billing method
to a consumer for services which the person knows was not authorized
in advance by the consumer;
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27. Knowingly causes a charge to be made by any billing method
to a consumer for a product or products which the person knows was
not authorized in advance by the consumer;
28. Violates Section 752A of this title;
29. Makes deceptive use of another ’s name in notification or
solicitation, as defined in Section 752 of this title;
30. Falsely states or implies that any person, product or
service is recommended or endorsed by a named third person;
31. Falsely states that information about the consumer,
including but not limited to, the name, address or phone number of
the consumer has been provid ed by a third person, whether that
person is named or unnamed;
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 deb t; or
33. Acting as a debt collector, contacts a debtor and uses
obscene or profane language to collect a debt ; or
34. Owns, operates, maintains, or advertises a massage therapy
establishment that:
a. employs massage therapists as defined by Section
4200.2 of Title 59 of the Oklahoma Statutes who are
not appropriately licensed or are not in compliance
with the applicable licensing requirements of the
Massage Therapy Practice Act,
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b. employs persons who violate the provisions of Section
4200.13 of Title 59 of the Oklahoma Statutes, or
c. is not in compliance with any applicable provisions of
the Massage Therapy Practice Act or any local
ordinance or municipal code relatin g to the licensing
or regulation of massage therapy establishments.
For purposes of this paragraph, “massage therapy establishment ”
means a place of business where a licensed massage therapist
provides massage therapy services to clients in exchange for
payment. Massage therapy establishment does not include the home of
a client.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
March 6, 2025 - DO PASS