Okla. Stat. tit. 15, § 15-753
This is the official text of Okla. Stat. tit. 15, § 15-753, part of Oklahoma’s Stat. tit. 15, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 15,." Browse the sections below, each linked to its official government source.
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Unlawful practices
Official statutory text
A person engages in a practice which is declared to be unlawful
and deemed a Class D1 felony offense under the Oklahoma Consumer
Oklahoma Statutes - Title 15. Contracts Page 140
Protection Act when, in the course of the person's business, the
person:
1. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is of a particular make or brand,
when it is of another;
2. Makes a false or misleading representation, knowingly or
with reason to know, as to the source, sponsorship, approval, or
certification of the subject of a consumer transaction;
3. Makes a false or misleading representation, knowingly or
with reason to know, as to affiliation, connection, association
with, or certification by another;
4. Makes a false or misleading representation or designation,
knowingly or with reason to know, of the geographic origin of the
subject of a consumer transaction;
5. Makes a false representation, knowingly or with reason to
know, as to the characteristics, ingredients, uses, benefits,
alterations, or quantities of the subject of a consumer transaction
or a false representation as to the sponsorship, approval, status,
affiliation or connection of a person therewith;
6. Knowingly or with reason to know, makes a false or
misleading representation or gives the false or misleading
impression of being affiliated with a state agency or an affiliate
of a state agency through advertisement or publication;
7. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is original or new if the person
knows that it is reconditioned, reclaimed, used, or secondhand;
8. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is of a particular standard, style
or model, if it is of another;
9. Advertises, knowingly or with reason to know, the subject of
a consumer transaction with intent not to sell it as advertised;
10. Advertises, knowingly or with reason to know, the subject
of a consumer transaction with intent not to supply reasonably
expected public demand, unless the advertisement discloses a
limitation of quantity;
11. Advertises under the guise of obtaining sales personnel
when in fact the purpose is to sell the subject of a consumer
transaction to the sales personnel applicants;
12. Makes false or misleading statements of fact, knowingly or
with reason to know, concerning the price of the subject of a
consumer transaction or the reason for, existence of, or amounts of
price reduction;
13. Employs "bait and switch" advertising, which consists of an
offer to sell the subject of a consumer transaction which the seller
does not intend to sell, which advertising is accompanied by one or
more of the following practices:
Oklahoma Statutes - Title 15. Contracts Page 141
a. refusal to show the subject of a consumer transaction
advertised,
b. disparagement of the advertised subject of a consumer
transaction or the terms of sale,
c. requiring undisclosed tie-in sales or other
undisclosed conditions to be met prior to selling the
advertised subject of a consumer transaction,
d. refusal to take orders for the subject of a consumer
transaction advertised for delivery within a
reasonable time,
e. showing or demonstrating defective subject of a
consumer transaction which the seller knows is
unusable or impracticable for the purpose set forth in
the advertisement,
f. accepting a deposit for the subject of a consumer
transaction and subsequently charging the buyer for a
higher priced item, or
g. willful failure to make deliveries of the subject of a
consumer transaction within a reasonable time or to
make a refund therefor upon the request of the
purchaser;
14. Conducts a closing out sale without having first obtained a
license as required in the Oklahoma Consumer Protection Act;
15. Resumes the business for which the closing out sale was
the buyer for a
higher priced item, or
g. willful failure to make deliveries of the subject of a
consumer transaction within a reasonable time or to
make a refund therefor upon the request of the
purchaser;
14. Conducts a closing out sale without having first obtained a
license as required in the Oklahoma Consumer Protection Act;
15. Resumes the business for which the closing out sale was
conducted within thirty-six (36) months from the expiration date of
the closing out sale license;
16. Falsely states, knowingly or with reason to know, that
services, replacements or repairs are needed;
17. Violates any provision of the Oklahoma Health Spa Act;
18. Violates any provision of the Home Repair Fraud Act;
19. Violates any provision of the Consumer Disclosure of Prizes
and Gifts Act;
20. Violates any provision of Section 755.1 of this title or
Section 1847a of Title 21 of the Oklahoma Statutes;
21. Commits an unfair or deceptive trade practice as defined in
Section 752 of this title;
22. Violates any provision of Section 169.1 of Title 8 of the
Oklahoma Statutes in fraudulently or intentionally failing or
refusing to honor the contract to provide certain cemetery services
specified in the contract entered into pursuant to the Perpetual
Care Fund Act;
23. Misrepresents a mail solicitation as an invoice or as a
billing statement;
24. Offers to purchase a mineral or royalty interest through an
offer that resembles an oil and gas lease and that the consumer
believed was an oil and gas lease;
Oklahoma Statutes - Title 15. Contracts Page 142
25. Refuses to honor gift certificates, warranties, or any
other merchandise offered by a person in a consumer transaction
executed prior to the closing of the business of the person without
providing a purchaser a means of redeeming such merchandise or
ensuring the warranties offered will be honored by another person;
26. Knowingly causes a charge to be made by any billing method
to a consumer for services which the person knows was not authorized
in advance by the consumer;
27. Knowingly causes a charge to be made by any billing method
to a consumer for a product or products which the person knows was
not authorized in advance by the consumer;
28. Violates Section 752A of this title;
29. Makes deceptive use of another's name in notification or
solicitation, as defined in Section 752 of this title;
30. Falsely states or implies that any person, product or
service is recommended or endorsed by a named third person;
31. Falsely states that information about the consumer,
including but not limited to, the name, address or phone number of
the consumer has been provided by a third person, whether that
person is named or unnamed;
32. Acting as a debt collector, contacts a debtor and threatens
to file a suit against the debtor over a debt barred by the statute
of limitations which has passed for filing suit for such debt; or
33. Acting as a debt collector, contacts a debtor and uses
obscene or profane language to collect a debt.
and deemed a Class D1 felony offense under the Oklahoma Consumer
Oklahoma Statutes - Title 15. Contracts Page 140
Protection Act when, in the course of the person's business, the
person:
1. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is of a particular make or brand,
when it is of another;
2. Makes a false or misleading representation, knowingly or
with reason to know, as to the source, sponsorship, approval, or
certification of the subject of a consumer transaction;
3. Makes a false or misleading representation, knowingly or
with reason to know, as to affiliation, connection, association
with, or certification by another;
4. Makes a false or misleading representation or designation,
knowingly or with reason to know, of the geographic origin of the
subject of a consumer transaction;
5. Makes a false representation, knowingly or with reason to
know, as to the characteristics, ingredients, uses, benefits,
alterations, or quantities of the subject of a consumer transaction
or a false representation as to the sponsorship, approval, status,
affiliation or connection of a person therewith;
6. Knowingly or with reason to know, makes a false or
misleading representation or gives the false or misleading
impression of being affiliated with a state agency or an affiliate
of a state agency through advertisement or publication;
7. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is original or new if the person
knows that it is reconditioned, reclaimed, used, or secondhand;
8. Represents, knowingly or with reason to know, that the
subject of a consumer transaction is of a particular standard, style
or model, if it is of another;
9. Advertises, knowingly or with reason to know, the subject of
a consumer transaction with intent not to sell it as advertised;
10. Advertises, knowingly or with reason to know, the subject
of a consumer transaction with intent not to supply reasonably
expected public demand, unless the advertisement discloses a
limitation of quantity;
11. Advertises under the guise of obtaining sales personnel
when in fact the purpose is to sell the subject of a consumer
transaction to the sales personnel applicants;
12. Makes false or misleading statements of fact, knowingly or
with reason to know, concerning the price of the subject of a
consumer transaction or the reason for, existence of, or amounts of
price reduction;
13. Employs "bait and switch" advertising, which consists of an
offer to sell the subject of a consumer transaction which the seller
does not intend to sell, which advertising is accompanied by one or
more of the following practices:
Oklahoma Statutes - Title 15. Contracts Page 141
a. refusal to show the subject of a consumer transaction
advertised,
b. disparagement of the advertised subject of a consumer
transaction or the terms of sale,
c. requiring undisclosed tie-in sales or other
undisclosed conditions to be met prior to selling the
advertised subject of a consumer transaction,
d. refusal to take orders for the subject of a consumer
transaction advertised for delivery within a
reasonable time,
e. showing or demonstrating defective subject of a
consumer transaction which the seller knows is
unusable or impracticable for the purpose set forth in
the advertisement,
f. accepting a deposit for the subject of a consumer
transaction and subsequently charging the buyer for a
higher priced item, or
g. willful failure to make deliveries of the subject of a
consumer transaction within a reasonable time or to
make a refund therefor upon the request of the
purchaser;
14. Conducts a closing out sale without having first obtained a
license as required in the Oklahoma Consumer Protection Act;
15. Resumes the business for which the closing out sale was
the buyer for a
higher priced item, or
g. willful failure to make deliveries of the subject of a
consumer transaction within a reasonable time or to
make a refund therefor upon the request of the
purchaser;
14. Conducts a closing out sale without having first obtained a
license as required in the Oklahoma Consumer Protection Act;
15. Resumes the business for which the closing out sale was
conducted within thirty-six (36) months from the expiration date of
the closing out sale license;
16. Falsely states, knowingly or with reason to know, that
services, replacements or repairs are needed;
17. Violates any provision of the Oklahoma Health Spa Act;
18. Violates any provision of the Home Repair Fraud Act;
19. Violates any provision of the Consumer Disclosure of Prizes
and Gifts Act;
20. Violates any provision of Section 755.1 of this title or
Section 1847a of Title 21 of the Oklahoma Statutes;
21. Commits an unfair or deceptive trade practice as defined in
Section 752 of this title;
22. Violates any provision of Section 169.1 of Title 8 of the
Oklahoma Statutes in fraudulently or intentionally failing or
refusing to honor the contract to provide certain cemetery services
specified in the contract entered into pursuant to the Perpetual
Care Fund Act;
23. Misrepresents a mail solicitation as an invoice or as a
billing statement;
24. Offers to purchase a mineral or royalty interest through an
offer that resembles an oil and gas lease and that the consumer
believed was an oil and gas lease;
Oklahoma Statutes - Title 15. Contracts Page 142
25. Refuses to honor gift certificates, warranties, or any
other merchandise offered by a person in a consumer transaction
executed prior to the closing of the business of the person without
providing a purchaser a means of redeeming such merchandise or
ensuring the warranties offered will be honored by another person;
26. Knowingly causes a charge to be made by any billing method
to a consumer for services which the person knows was not authorized
in advance by the consumer;
27. Knowingly causes a charge to be made by any billing method
to a consumer for a product or products which the person knows was
not authorized in advance by the consumer;
28. Violates Section 752A of this title;
29. Makes deceptive use of another's name in notification or
solicitation, as defined in Section 752 of this title;
30. Falsely states or implies that any person, product or
service is recommended or endorsed by a named third person;
31. Falsely states that information about the consumer,
including but not limited to, the name, address or phone number of
the consumer has been provided by a third person, whether that
person is named or unnamed;
32. Acting as a debt collector, contacts a debtor and threatens
to file a suit against the debtor over a debt barred by the statute
of limitations which has passed for filing suit for such debt; or
33. Acting as a debt collector, contacts a debtor and uses
obscene or profane language to collect a debt.
Status: in_force · Read it on the official government site
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