Title 15, Title 15 — Contracts

A. As used in the Home Repair Fraud Act: 1. "Home repair" means the fixing, replacing, altering, converting, modernizing, improving of or the making of an addition to any real property primarily designed or used as a residence. Home repair shall include, but not be limited to, th…

A. A person commits the offense of home repair fraud if the person knowingly or with reason to know: 1. Enters into a consumer transaction for home repair and knowingly or with reason to know: a. misrepresents a material fact relating to the terms of the consumer transaction or t…

Any person or entity that inspects houses for mold shall not also render service for removing the mold; provided that, if the total cost of the inspection and removal does not exceed Two Hundred Dollars ($200.00), the consumer may consent to the inspection and removal by the same…

This act shall be known and may be cited as the “Notice of Opportunity to Repair Act”. Added by Laws 2006, c. 111, § 1, eff. Nov. 1, 2006.

repair provisions. A. For the purposes of this section: 1. "Construction defect" means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision or observation of construction or construction of residential improvements that resul…

The provisions of this act relating to closing out sales shall not apply to any forced sale of goods, wares or merchandise required to be sold under order of any federal or state court, nor to farm sales, community sales or to auction sales of farm or nursery products, nor to the…

Contents - Affidavits - Fees - Violations. A. It shall be unlawful and deemed a Class D1 felony offense for any person to advertise or conduct a closing out sale unless a license is first obtained to conduct such sale. Any applicant for a closing out sale license shall file an ap…

Objections - Grounds for denying application. Upon receipt of an application, the clerk shall forward a copy of the application to the district attorney of the same district the court clerk is located in who may cause an investigation as deemed necessary for the facts contained t…

If it appears to the clerk that all the statements in the application are true, that the proposed sale is of the character represented therein, that the application is in full compliance with the terms and conditions of the Oklahoma Consumer Protection Act, that the required lice…

The district attorney of the district where the application was filed shall revoke any license issued pursuant to the provisions of this act, if he finds that the licensee has: 1. Violated the provisions of this act relating to closing out sales; 2. Made any material misstatement…

Any applicant for a license who is aggrieved by the denial, refusal or revocation of a licensee may appeal to the district court of the county in which the denial, revocation or suspension occurred. The appeal shall be taken by filing a written notice of appeal with the district …

As used in this act: 1. “Admission ticket” means evidence of a right of entry to a venue or an entertainment event; 2. “Event” means a concert, theatrical performance, sporting event, exhibition, show, or other similar activity held in this state; 3. “Initial sale” means the firs…

sellers' websites. A. A person shall not: 1. Use software to circumvent, thwart, interfere with, or evade a security measure, access control system, or other control measure on a ticket seller’s Internet website; or 2. Sell software that is advertised for profit with the express …

The Legislature hereby finds, determines and declares that the use of telephones for commercial solicitation, including, but not limited to, cellular telephone text messages, is rapidly increasing; that this form of communication offers unique benefits, but entails special risks …

As used in Section 775A.1 et seq. of this title, unless the context otherwise requires: 1. “Commercial telephone seller” or “seller” means a person who, in the course of such person's business, vocation or occupation, on the person's own behalf or on behalf of another person, cau…

A. No commercial telephone seller shall conduct business in this state without having registered with the Attorney General at least ten (10) days prior to the conduct of such business. Individual employees of the commercial telephone seller are not required to register. A commerc…

A. A commercial telephone seller engages in an unlawful telemarketing practice when, in the course of any commercial telephone solicitation, the seller: 1. Conducts business as a commercial telephone seller without having registered with the Attorney General, as required by Secti…

The applicant shall, at the time of making application, file with and have approved by the Attorney General a bond in which the applicant shall be the principal obligor, in the sum of Ten Thousand Dollars ($10,000.00) with one or more sureties whose liability is the aggregate as …

This act shall be known and may be cited as the "Telemarketer Restriction Act". Added by Laws 2002, c. 72, § 1, eff. July 1, 2002.

As used in the Telemarketer Restriction Act: 1. "Commercial purposes" means relating to the sale or offer for sale of goods or services. “Commercial purposes” does not mean solicitation of funds or other support for a charitable or religious activity; political candidate, cause, …

telemarketing calls. The Attorney General shall establish, and thereafter maintain, a statewide registry which shall contain a list of consumers who desire not to receive unsolicited telemarketing sales calls or messages, including, but not limited to, a cellular telephone text m…

registry - Inclusion and removal of consumer names and numbers. The Attorney General shall publicize notice to consumers of the establishment of the no-telemarketing-sales-call registry and may provide, upon request, explanatory information concerning the provisions of the Telema…

The Attorney General is authorized to adopt and promulgate rules for the implementation, administration, and enforcement of the Telemarketer Restriction Act. Added by Laws 2002, c. 72, § 5, eff. July 1, 2002.

A. No telemarketer shall make or cause to be made any unsolicited telemarketing sales call or message, including, but not limited to, a cellular telephone text message, to any consumer more than thirty (30) days after the consumer’s telephone number or numbers first appear on the…

There is hereby created in the State Treasury a revolving fund for the Office of the Attorney General, to be designated the "Telemarketer Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuan…

This act shall be known and may be cited as the "Telephone Solicitation Act of 2022". Added by Laws 2022, c. 290, § 1, eff. Nov. 1, 2022.

As used in the Telephone Solicitation Act of 2022: 1. "Called party" means a person who is the regular user of the telephone number that receives a commercial telephonic sales call; 2. "Caller identification service" means a service that allows a telephone subscriber to have the …

of caller identification information or voice of the caller. A. A person may not make or knowingly allow a commercial telephonic sales call to be made if such call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message …

A. A commercial telephone seller or salesperson may not make any of the following types of phone calls, including calls made through automated dialing or recorded messages: 1. A commercial telephone solicitation phone call before 8 a.m. or after 8 p.m. local time in the called pe…

Exempt from this act are the following: 1. A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and not conducted in the course of a pattern of repeated transactions of like nature; 2. A person soliciting for religious, charitab…

A. A called party who is aggrieved by a violation of this act may bring an action to: 1. Enjoin such violation; and 2. Recover actual damages or Five Hundred Dollars ($500.00), whichever is greater. B. If the court finds that the defendant willfully or knowingly violated this act…

A. It shall be unlawful for a person to initiate an electronic mail message that the sender knows, or has reason to know: 1. Misrepresents any information in identifying the point of origin or the transmission path of the electronic mail message; 2. Does not contain information i…

A person may not, with the intent to engage in conduct involving the fraudulent use or possession of the identifying information of a person: 1. Create a web page or Internet domain name that is represented as a legitimate online business without the authorization of the register…

costs – Nature of violations. A. The following persons may bring a civil action against a person who violates the Anti-Phishing Act: 1. A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation; or 2. An owner o…

The Anti-Phishing Act shall not apply to the good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information by a telecommunications provider or Internet service provider. Added by Laws 2006, c. 56, § 7, eff. Nov. 1, 2006.

A. Any person whose property or person is injured by reason of a violation of any provision of this act may sue for and recover any damages sustained, and also recover the costs of bringing the suit. The term “damages” shall include but shall not be limited to the loss of profits…

The Legislature finds that the citizens of this state are potential targets of a phone scam known as caller ID spoofing or caller ID fraud that allows a caller to hide his or her true identity by modifying caller ID information with the intent to mislead, defraud or deceive the r…

This act shall be known and may be cited as the “Anti-Caller ID Spoofing Act”. Added by Laws 2007, c. 107, § 2, eff. Nov. 1, 2007.

As used in the Anti-Caller ID Spoofing Act: 1. “Caller” means a person who places a call by a telephone or over a telephone line, even if the person begins the call on a computer; 2. “Caller identification system" means a listing of a caller's name, telephone number, or name and …

A. A caller may not knowingly insert false information into a caller identification system with the intent to mislead, defraud or deceive the recipient of a telephone call. B. The provisions of this section shall not apply to: 1. Any blocking of caller identification information;…

Transmitting or causing the transmission of fraudulent electronic mail to or through a computer network of an electronic mail service provider located in this state shall constitute an act in this state. When jurisdiction over a person is based solely upon this section, only a ca…

For purposes of Sections 776.1 through 776.3 of this title: 1. “Electronic mail messages” means a message, file, or other information that is transmitted through a local, regional, or global network regardless of whether the message, file, or other information is viewed, stored f…

For purposes of Sections 1 through 3 of this act: 1. “Electronic mail” means an electronic message or computer file containing an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted wit…

A. It shall be a violation of this act and deemed a Class D1 felony offense for any person to transmit a commercial electronic mail message that: 1. Falsifies electronic mail transmission information or other routing information for the unsolicited commercial electronic message; …

action – Damages, costs, attorney fees. A. Any person whose property or person is injured by reason of a violation of any provision of this act may recover any damages sustained and the costs of suit. Without limiting the generality of the term, “damages” shall include loss of pr…

Sections 4 through 7 of this act shall be known and may be cited as the “Anti-Phishing Act”. Added by Laws 2006, c. 56, § 3, eff. Nov. 1, 2006.

As used in the Anti-Phishing Act: 1. "Electronic mail" means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or other information is viewed, stored for retrieval at a later t…

This act shall be known and may be cited as the "Emergency Price Stabilization Act". Added by Laws 1999, c. 154, § 1, emerg. eff. May 13, 1999. NOTE: Editorially renumbered from § 776.1 of this title to avoid duplication in numbering.

As used in the Emergency Price Stabilization Act: 1. "Dwelling unit" means any structure or part of a structure which is used as a home, residence, or sleeping place by one or more persons and includes, but is not limited to, lodging establishments, hotels, motels, boarding house…

An action to enforce the provisions of this act may be filed at any time within one (1) year following the expiration or termination of a declaration of emergency or any modifications or extensions thereof. Added by Laws 1999, c. 154, § 3, emerg. eff. May 13, 1999. NOTE: Editoria…