§ 775A.2. Definitions
Oklahoma Statutes AnnotatedTitle 15. Contracts
15 Okl.St.Ann. § 775A.2
§ 775A.2. Definitions
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, causes or attempts to cause a commercial telephone solicitation to be made; except that “commercial telephone seller” or “seller” does not include a telephone call made by:
(1) the security is either registered as required by Section 1-301 of Title 71 of the Oklahoma Statutes, or exempt from registration under Section 1-201 of Title 71 of the Oklahoma Statutes and general or public solicitation is not prohibited or the security is a federal covered security for which a notice filing has been made under Section 1-302 of Title 71 of the Oklahoma Statutes, and
(2) the person is registered as required by Section 1-401, 1-402, 1-403 or 1-404 of Title 71 of the Oklahoma Statutes as a broker-dealer as defined in Section 1-102 of Title 71 of the Oklahoma Statutes, an agent as defined in Section 1-102 of Title 71 of the Oklahoma Statutes, an investment adviser as defined in Section 1-102 of Title 71 of the Oklahoma Statutes, or an investment adviser representative as defined in Section 1-102 of Title 71 of the Oklahoma Statutes, unless expressly excluded from such definitions, or such person is exempted from registration under Section 1-401, 1-402, 1-403 or 1-404 of Title 71 of the Oklahoma Statutes,
b. a person soliciting the sale of any book, record, audio tape, compact disc or video if the person allows the purchaser to review the merchandise without obligation for at least seven (7) days and provides a full refund for the return of undamaged merchandise within thirty (30) days or if the person solicits such sale on behalf of a membership club operating in conformity with 16 Code of Federal Regulations 425,1
d. a paid solicitor or charitable organization which is required to and which has complied with the notice and reporting requirements of Section 552. 3 of Title 18 of the Oklahoma Statutes or a person who is excluded from such notice and reporting requirements by Section 552.4 of Title 18 of the Oklahoma Statutes,
h. a person soliciting without the intent to complete and who does not in fact complete the sales transaction during the telephone solicitation or another telephone solicitation and who only completes the sales transaction at a later face-to-face meeting between the solicitor and the prospective purchaser, excluding a face-to-face meeting, the sole purpose of which is to collect the payment or deliver any item purchased, or a person soliciting a purchaser with whom the person has had a previous face-to-face meeting in the course of such person's business,
l. a person whose conduct is within the exclusive jurisdiction of the federal Commodity Futures Trading Commission as granted under the federal “Commodity Exchange Act”, as amended,2
n. a person who initially contacts the purchaser with a retail sales catalog requesting a telephone call response, when the person allows the purchaser to review the merchandise without obligation for at least seven (7) days and provides a full refund for the return of undamaged merchandise within thirty (30) days after receipt of the returned merchandise,
o. an issuer or a subsidiary of an issuer that has a class of securities which is subject to Section 12 of the federal “Securities Exchange Act of 1934”, 15 U.S.C. 781, and which is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) of subsection (g) (2) of that section,
p. a person who has been operating for at least three (3) years a retail business establishment in Oklahoma under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis, the majority of the seller's business involves the purchaser receiving the seller's goods and services at the seller's business location,
q. any telephone marketing service company which provides telemarketing sales services under written contract to sellers and has been operating continuously for at least five (5) years under the same business name and seventy-five percent (75%) or more of its services are performed on behalf of sellers exempt from this section. Nothing in this paragraph shall be construed to exempt any commercial telephone seller that contracts with a telephone marketing service company for telemarketing sales service from the requirements set forth in Section 775A.3 of this title,
a. an unsolicited telephone call or message, including, but not limited to, a cellular telephone text message, to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine with or without a recorded message device or electronic text message delivery device, for the purpose of inducing the person to purchase or invest in goods, services or property or offering an extension of credit,
c. any other communication by a commercial telephone seller which includes representations about the price, quality or availability of goods, services or property and which invites a response by telephone or cellular telephone text message, including pay-per-call or pay-per-text service calls, or which is followed by a telephone call or message, including, but not limited to, a cellular telephone text message, to the intended purchaser by a salesperson;
Credits
Laws 1994, c. 235, § 6, eff. Sept. 1, 1994; Laws 1999, c. 325, § 3, eff. Nov. 1, 1999; Laws 2011, c. 369, § 3, eff. July 1, 2011.
15 Okl. St. Ann. § 775A.2, OK ST T. 15 § 775A.2
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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