Okla. Stat. tit. 15, § 15-775A.2

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:

a. a person offering or selling a security as defined in

Section 1-102 of Title 71 of the Oklahoma Statutes if:

(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,

c. a person soliciting a residential customer for the

sole purpose of polling or soliciting the expression

of ideas, opinions or votes, or a person soliciting

solely for a political or religious cause or purpose,

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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,

e. a supervised financial organization, as defined in

Section 1-301 of Title 14A of the Oklahoma Statutes,

and its employees, when acting within the scope of

their employment,

f. a supervised lender, as defined in subsection (2) of

Section 3-501 of Title 14A of the Oklahoma Statutes,

and its agents and employees, when acting within the

scope of their employment,

g. a person or an affiliate of a person who is regulated

by the Insurance Commission pursuant to Title 36 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,

i. any governmental entity or employee thereof, acting in

the employee's official capacity,

j. a person soliciting telephone service, or licensed or

franchised cable television service, which is billed

and paid on a daily, weekly, or monthly basis and
ed,

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,

i. any governmental entity or employee thereof, acting in

the employee's official capacity,

j. a person soliciting telephone service, or licensed or

franchised cable television service, which is billed

and paid on a daily, weekly, or monthly basis and

which can be canceled at any time without further

obligation to the purchaser,

k. a person or an affiliate of a person whose business is

regulated by the Oklahoma Real Estate Commission,

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,

m. a seller of food for immediate consumption when the

sale to one purchaser does not exceed Three Hundred

Dollars ($300.00),

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

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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,

r. a person soliciting business solely from business

purchasers who have previously purchased identical or

similar goods or services from the business enterprise

on whose behalf the person is calling,

s. a person or an affiliate of a person whose business is

regulated by the Corporation Commission,

t. a person soliciting the sale of any newspaper,

magazine, or other periodical of general circulation

if such sales constitute a majority of such person's

business and business revenues, or

u. a person or affiliate of a person who offers or sells

products or services by means of a cellular telephone

text message only to persons who have affirmatively

indicated their opt-in consent to receive cellular

telephone text messages for such purpose from such

person or affiliate;

2. “Commercial telephone solicitation” means:

a. an unsolicited telephone call or message, including,

but not limited to, a cellular telephone text message,

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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,

b. any other communication by a commercial telephone
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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,

b. any other communication by a commercial telephone

seller in which:

(1) a gift, award, prize or contest is offered and a

telephone call response from the intended

purchaser is invited,

(2) a loan, credit card or other extension of credit

is offered to a purchaser who has not previously

purchased from the person initiating the

communication, and a telephone call response from

the intended purchaser is invited, or

(3) a sale is to be completed or an agreement to

purchase is to be entered into during the course

of the telephone call response, or

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;

3. “Pay-per-call” or “pay-per-text” means the use of a

telephone number with a 900 prefix or any other prefix under which

liability for the service or product provided attaches to the

telephone bill of the individual calling such number;

4. “Principal” means an owner, an officer of a corporation, a

general partner of a partnership, the sole proprietor of a sole

proprietorship, a trustee of a trust or any other individual with

similar supervisory functions with respect to any person;

5. “Purchaser” means a person who receives or responds to a

commercial telephone solicitation;

6. “Salesperson” means any person employed or authorized by a

commercial telephone seller to cause or attempt to cause a

commercial telephone solicitation to be made; and

7. “Telephone sales transaction” means any payment of money by

a purchaser in exchange for the promise of goods, services, property

or an extension of credit by a commercial telephone seller and

includes all communications which precede such payment of money.

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