§ 21-1861. Information to be furnished by solicitor - Calls exempt - Penalties.

A.  The name and organizational or business affiliation of every person who by telephone engages in the solicitation or sale of any item, tangible or intangible, shall, by such person, be given to the person answering such telephone call.  Such information shall be given immediately and prior to any solicitation or sales presentation.  The telephone number of the person placing the call must be given upon request of the party being called.  The person in whose name the telephone is registered is responsible for his agents and employees conforming with the provisions of this section.  This section does not apply to calls between persons known to each other and to religious groups, or nonprofit organizations within their own membership, and political activities.

B.  No person may solicit contributions by telephone for a charitable nonprofit organization unless that organization has complied with the provisions of the Oklahoma Solicitation of Charitable Contributions Act, Sections 552.1 et seq. of Title 18 of the Oklahoma Statutes.  Such person may charge a reasonable fee for his services, which shall not exceed ten percent (10%) of the net receipts of the solicitation; provided, however, that in the event the fee charged is based upon a predetermined flat fee, then this provision shall not apply.  Provided, further, that all sums shall be paid directly to the nonprofit organization.

C.  Violation of this section by a person, business or organization shall constitute a misdemeanor.  A third and subsequent conviction under this section shall constitute a felony.

Added by Laws 1967, c. 187, § 1, emerg. eff. May 1, 1967.  Amended by Laws 1976, c. 199, § 1, emerg. eff. June 4, 1976; Laws 1997, c. 133, § 424, eff. July 1, 1999.

Note

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 424 from July 1, 1998, to July 1, 1999.