Oklahoma Telemarketing Fraud Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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We all have dreams of getting calls to claim some big prize, but if that ever happens you, it's probably too good to be true. It is likely telemarketing fraud and it can occur when people or businesses make false and/or misleading statements or promises in order to scam a person of their cash or property. The state of Oklahoma has a number of laws to protect the consumer from these and other related practices.
In Oklahoma, misrepresenting that a person has won a contest or will receive free goods is what is called an unlawful telemarketing practice and is one of the many unlawful telemarketing practices listed under Oklahoma's Commercial Telephone Solicitation Act.
Oklahoma also has a Telemarketer Restriction Act or "do not call" list which prevents telemarketers from calling people listed on an established statewide registry of consumers. Telemarketers doing business in Oklahoma must purchase the registry and can't call any person on the list more than 30 days after the person has registered. A violation of this constitutes an unlawful marketing practice. The following is a quick summary of Oklahoma's telemarketing fraud laws.
Oklahoma Telemarketing Fraud Laws
The following table outlines telemarketing fraud laws in Oklahoma.
Code Sections | |
What is Prohibited? | Unlawful telemarketing practices include any of the following during a commercial telephone solicitation:
|
Remedies | Criminal and civil penalties including fines, declaratory judgments, injunctions, individual damages, reasonable attorney's fees and class action lawsuits . |
Enforcement Agencies | The Attorney General and local district attorneys |
Do Not Call Registry | Telemarketers are prevented from calling person on the registry 30 days after the person has registered their name and number. |
Federal Protections against Telemarketing Fraud
The FCC, FTC, and U.S. Department of Justice enforce federal telemarketing laws, violations of the National "Do Not Call" Registry, and deceptive business practices, including:
- FTC's Telephone Sales Rule ("TSR")
- FCC's Telephone Consumer Protection Act ("TCPA")
- Fair advertising and consumer protection laws like the Federal Trade Commission Act
Enforcement Agencies
If you feel you have been victimized by a telemarketing scam, you may contact any of the following for assistance:
- Oklahoma Attorney General: (405) 521-3921 or (918) 581-2885
- Federal Trade Commission: (877) FTC-HELP, (877-382-4357)
- Federal Communications Commission: (888) CALL-FCC (1-888) 225-5322
Telemarketing fraud and the laws prohibiting it can be complicated so you may want to consult with an Oklahoma consumer protection attorney for questions about your specific situation.
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