15 Okl. St. § 775A.4
§ 775A.4. Unlawful telemarketing practices
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 Section 775A.3 of this title;
2.
Fails to allow the purchaser in any telephone sales transaction to cancel any purchase or agreement to
purchase goods, services or property at any time before the expiration of three (3) business days after the
purchaser's receipt of such goods, services or property by delivering or mailing to the commercial telephone
seller written notice of cancellation. Notice of cancellation, if sent by mail, is deemed to be given as of
the date the mailed notice was postmarked;
3.
Fails to refund all payments made by any purchaser in any telephone sales transaction within thirty (30)
days after the commercial telephone seller receives notice of cancellation from the purchaser, except that:
a.
if the purchaser has received goods or property from the commercial telephone seller, other than an
item represented as free, the commercial telephone seller shall refund all payments made by the purchaser
within thirty (30) days after the commercial telephone seller's receipt of the returned goods or property, and
b.
if the purchaser has received services during the course of a pay-per-call service call, which
services cannot, by their nature, be returned, the commercial telephone seller is not required to refund
payments to the purchaser;
4.
Fails to disclose to the purchaser during a telephone solicitation that the purchaser has the
cancellation rights set forth in paragraph 2 of this subsection;
5.
Misrepresents to any person that the person has won a contest, sweepstakes or drawing, or that the
person will receive free goods, services or property;
6.
Represents that the seller's goods, services or property are "free" if the commercial telephone seller
charges or collects a fee from the purchaser in exchange for providing or delivering such goods, services or
property;
7.
Makes any reference to the commercial telephone seller's compliance with this act to any purchaser
without also disclosing that compliance with this act does not constitute approval by any governmental agency
of the seller's marketing, advertisements, promotions, goods or services;
8.
Uses equipment or techniques the purpose of which is to intentionally block or avoid detection of the
commercial telephone seller's identity or telephone number by caller identification devices;
9.
Uses equipment, systems or procedures which automatically dial and engage the telephone number of more
than one person at a time resulting in a number of abandoned calls per day that are more than five percent
(5%) of the number of answered calls per day in any campaign; or
10.
Engages in any deceptive trade practice defined in Section 752 of this title.
B.
Paragraphs 2 and 4 of subsection A of this section do not apply to a transaction in which the consumer
obtains a full refund for the return of undamaged or unused goods or a cancellation of services by giving
notice to the seller within seven (7) days after receipt by the consumer and the seller processes the refund
or cancellation within thirty (30) days after receipt of the returned merchandise or the consumer's request
for refund for services not performed or a pro rata refund for any services not yet performed for the
consumer. The availability and terms of the return and refund privilege shall be disclosed to the consumer
orally by telephone and in writing with any advertising or promotional material or with the delivery of the
product or service. If a seller offers consumers an unconditional guarantee, a clear disclosure of such
guarantee by using the words "satisfaction guaranteed", "free inspection" or "no-risk guarantee" satisfy the
disclosure requirements of this subsection.
