Okla. Stat. tit. 15, § 15-775C.5

Exempt from this act are the following:

1. A person engaging in commercial telephone solicitation where

the solicitation is an isolated transaction and not conducted in the

course of a pattern of repeated transactions of like nature;

2. A person soliciting for religious, charitable, political, or

educational purposes. A person soliciting for other noncommercial

purposes is exempt only if that person is soliciting for a nonprofit

organization and if that organization is properly registered as such

with the Secretary of State and is included within the exemption of

Section 501(c)(3) or (6) of the Internal Revenue Code;

3. A person who does not make the major sales presentation

during the telephone solicitation and who does not intend to, and

does not actually, complete or obtain provisional acceptance of a

sale during the telephone solicitation, but who makes the major

sales presentation and completes the sale at a later face-to-face

meeting between the seller and the prospective purchaser. However,

if a seller, directly following a telephone solicitation, causes an

individual whose primary purpose is to go to the prospective

purchaser to collect the payment or deliver any item purchased, this

exemption does not apply;

4. A licensed securities, commodities, or investment broker,

dealer, or investment adviser when soliciting within the scope of

his or her license, or a licensed associated person of a securities,

commodities, or investment broker, dealer, or investment adviser

when soliciting within the scope of his or her license. As used in

this section, "licensed securities, commodities, or investment

broker, dealer, or investment adviser" means a person subject to

license or registration by the Securities and Exchange Commission,

by the Financial Industry Regulatory Authority or other self-

regulatory organization as defined by the Securities Exchange Act of

1934, 15 U.S.C., Section 78l, or by an official or agency of this

state or of any state of the United States. As used in this

section, "licensed associated person of a securities, commodities,

or investment broker, dealer, or investment adviser" means an

associated person registered or licensed by the Financial Industry

Regulatory Authority or other self-regulatory organization as

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defined by the Securities Exchange Act of 1934, 15 U.S.C., Section

78l, or by an official or agency of this state or of any state of

the United States;

5. A person primarily soliciting the sale of a newspaper of

general circulation;

6. A book, video, or record club or contractual plan or

arrangement:

a. under which the seller provides the consumer with a

form which the consumer may use to instruct the seller

not to ship the offered merchandise,

b. which is regulated by the Trade Regulation Rule

regarding the Use of Negative Option Plans by Sellers

in Commerce, and

c. which provides for the sale of books, records, or

videos which are not covered under subparagraph a or b

of this paragraph, including continuity plans,

subscription arrangements, standing-order

arrangements, supplements, and series arrangements

under which the seller periodically ships merchandise

to a consumer who has consented in advance to receive

such merchandise on a periodic basis;

7. A supervised financial institution or parent, subsidiary, or

affiliate thereof operating within the scope of supervised activity.

As used in this section, "supervised financial institution" means a

commercial bank, trust company, savings and loan association, mutual

savings bank, credit union, industrial loan company, consumer

finance lender, commercial finance lender, or insurer; provided that

the institution is subject to supervision by an official or agency

of this state, of any state, or of the United States. For the

purposes of this exemption, "affiliate" means a person who directly,
mmercial bank, trust company, savings and loan association, mutual

savings bank, credit union, industrial loan company, consumer

finance lender, commercial finance lender, or insurer; provided that

the institution is subject to supervision by an official or agency

of this state, of any state, or of the United States. For the

purposes of this exemption, "affiliate" means a person who directly,

or indirectly through one or more intermediaries, controls or is

controlled by, or is under common control with, a supervised

financial institution;

8. Any licensed insurance broker, agent, customer

representative, or solicitor when soliciting within the scope of his

or her license. As used in this section, "licensed insurance

broker, agent, customer representative, or solicitor" means any

insurance broker, agent, customer representative, or solicitor

licensed by an official or agency of this state or of any state of

the United States;

9. A person soliciting the sale of services provided by a cable

television system operating under authority of a franchise or

permit;

10. A business-to-business sale where:

a. the commercial telephone seller has been lawfully

operating continuously for at least three (3) years

under the same business name and has at least fifty

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percent (50%) of its dollar volume consisting of

repeat sales to existing businesses,

b. the purchaser business intends to resell or offer for

purposes of advertisement or as a promotional item the

property or goods purchased, or

c. the purchaser business intends to use the property or

goods purchased in a recycling, reuse,

remanufacturing, or manufacturing process;

11. A person who solicits sales by periodically publishing and

delivering a catalog of the seller's merchandise to prospective

purchasers, if the catalog:

a. contains a written description or illustration of each

item offered for sale,

b. includes the business address or home office address

of the seller,

c. includes at least twenty (20) pages of written

material and illustrations and is distributed in more

than one state, or

d. has an annual circulation by mailing of not less than

one hundred fifty thousand (150,000);

12. A person who solicits contracts for the maintenance or

repair of goods previously purchased from the person making the

solicitation or on whose behalf the solicitation is made;

13. A commercial telephone seller;

14. A telephone company subject to Title 17 of the Oklahoma

Statutes, or affiliate thereof or its agents, or a

telecommunications business that is regulated by the Oklahoma

Corporation Commission, or a cellular telephone company licensed by

the Federal Communications Commission or any of their authorized

vendors or independent contractors or other bona fide radio

telecommunication services provider. For the purposes of this

exemption, "affiliate" means a person who directly, or indirectly

through one or more intermediaries, controls or is controlled by, or

is under common control with, a telephone company subject to Title

17 of the Oklahoma Statutes;

15. A person who is licensed pursuant to the Funeral Services

Licensing Act in Title 59 of the Oklahoma Statutes and who is

soliciting within the scope of the license;

16. An issuer or a subsidiary of an issuer that has a class of

securities which is subject to Section 12 of the Securities Exchange

Act of 1934, 15 U.S.C., Section 78l, and which is either registered

or exempt from registration under subparagraph (a), subparagraph
to the Funeral Services

Licensing Act in Title 59 of the Oklahoma Statutes and who is

soliciting within the scope of the license;

16. An issuer or a subsidiary of an issuer that has a class of

securities which is subject to Section 12 of the Securities Exchange

Act of 1934, 15 U.S.C., Section 78l, and which is either registered

or exempt from registration under subparagraph (a), subparagraph

(b), subparagraph (c), subparagraph (e), subparagraph (f),

subparagraph (g), or subparagraph (h) of subsection (G) of paragraph

(2) of that section;

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17. A business soliciting exclusively the sale of telephone

answering services; provided that the telephone answering services

will be supplied by the solicitor;

18. A person soliciting a transaction regulated by the

Commodity Futures Trading Commission if the person is registered or

temporarily licensed for this activity with the Commodity Futures

Trading Commission under the Commodity Exchange Act, 7 U.S.C.,

Section 1 et seq., and the registration or license has not expired

or been suspended or revoked;

19. A person soliciting the sale of food, food product, food

ingredient, dietary ingredient, dietary supplement, or beverage for

human consumption, if the solicitation neither intends to result in,

or actually results in, a sale which costs the purchaser in excess

of Five Hundred Dollars ($500.00);

20. A person soliciting business from prospective consumers who

have an existing business relationship with or who have previously

purchased from the business enterprise for which the solicitor is

calling if the solicitor is operating under the same business

enterprise;

21. A person who has been operating, for at least one (1) year,

a retail business establishment under the same name as that used in

connection with telemarketing and both of the following occur on a

continuing basis:

a. either products are displayed and offered for sale or

services are offered for sale and provided at the

business establishment, and

b. a majority of the seller's business involves the buyer

obtaining such products or services at the seller's

location;

22. Any person who has been lawfully providing telemarketing

sales services continuously for at least five (5) years under the

same ownership and control and who derives seventy-five percent

(75%) of its gross telemarketing sales revenues from contracts with

persons exempted in this section;

23. A person licensed pursuant to The Oklahoma Real Estate

License Code in Title 59 of the Oklahoma Statutes, soliciting within

the scope of the license;

24. A publisher, or an agent of a publisher by written

agreement, who solicits the sale of his or her periodical or

magazine of general, paid circulation. The term "paid circulation"

shall not include magazines that are only circulated as part of a

membership package or that are given as a free gift or prize from

the publisher or agent of the publisher by written agreement;

25. A person who is licensed or certified to handle pesticides

under Section 3-82 of Title 2 of the Oklahoma Statutes; and

26. A licensee, or an affiliate of a licensee, regulated under

Title 6 of the Oklahoma Statutes.

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