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Oklahoma Telemarketing Fraud Laws

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

Oklahoma Commercial Telephone Restriction Act

Oklahoma Telemarketer Restriction Act

What is Prohibited?

Unlawful telemarketing practices include any of the following during a commercial telephone solicitation:

  • Not registering with the Attorney General as a commercial telephone seller
  • Not allowing a purchaser to cancel an order within 3 business days after receipt of the goods, services or property
  • Not issuing a refund within 30 days after receiving notice of cancellation unless the goods or property were not returned or it was a pay-per-call service
  • Not disclosing to the purchaser that they have a right to cancel
  • Misrepresenting that the person has won a contest, sweepstakes or drawing, or will receive free goods, services or property
  • Representing that the goods, services or property are "free" and then charging or collecting a fee for providing or delivering them
  • Referring to compliance with the Commercial Telephone Solicitation Act without disclosing that it doesn't mean approval by a government agency of the marketing, goods, or services
  • Using equipment/techniques to intentionally block detection by caller id devices
  • Engaging in any deceptive trade practice
  • Calling any persons on Oklahoma's statewide do not call registry
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:

Enforcement Agencies

If you feel you have been victimized by a telemarketing scam, you may contact any of the following for assistance:

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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