§ 15-775B.6. Violation - Administrative fines.

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 registry made available by the Attorney General pursuant to the Telemarketer Restriction Act.

B.  Willful violation of subsection A of this section shall be an unlawful telemarketing practice and a violation of the Oklahoma Consumer Protection Act; provided, a call to a consumer with whom the caller has an established business relationship or a call or cellular telephone text message to a consumer whose number has been removed from the registry shall not be a violation of the Telemarketer Restriction Act.

C.  In lieu of bringing an action under the Oklahoma Consumer Protection Act, the Attorney General may, in cases where the telemarketer is able to demonstrate that the violation occurred notwithstanding policies of the telemarketer that were an integral part of the training of the individual or individuals responsible for the violation, assess an administrative fine.  The Attorney General shall, pursuant to the Administrative Procedures Act, adopt and promulgate rules establishing a schedule of increasing fines to be assessed pursuant to this subsection for multiple and repeated violations.

Added by Laws 2002, c. 72, § 6, eff. July 1, 2002.  Amended by Laws 2003, c. 357, § 3, emerg. eff. June 3, 2003; Laws 2011, c. 369, § 7, eff. July 1, 2011.