Okla. Stat. tit. 18, § 18-552.14a

A. Applicable to charitable organizations, professional

fundraisers and professional solicitors, the following shall

constitute violations of this act:

1. Knowingly making any false material statement or

representation on a registration application;

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2. Using the name of a person when soliciting contributions or

in an advertisement, brochure, stationery or correspondence, without

the consent or approval of such person, other than an officer,

director or trustee of the charitable organization by or for which

contributions are solicited. This paragraph shall not apply to the

use of the name of a person that has contributed to or sponsored an

event or program of the charitable organization in a report,

brochure, program or listing of donors, contributors, sponsors, or

supporters issued or published by a charitable organization. This

paragraph shall not apply to the use of a public figure’s name

and/or likeness truthfully and in good faith, so long as such use

does not imply a false endorsement;

3. Knowingly using, in connection with solicitation of

contributions for the purpose of deceiving the public, a name

similar to other charitable organizations, professional fundraiser,

professional solicitor or government agency or political

subdivision;

4. Failing to register as required pursuant to Sections 552.3,

552.7 or 552.9, as applicable, of Title 18 of the Oklahoma Statutes

unless otherwise exempted by this act;

5. Employing in any solicitation or collection of contributions

for a charitable organization any device, scheme or artifice to

defraud or for obtaining money or property by means of any false

pretense, representation or promise; and

6. Failing or refusing to supply requested information as

required by Section 552.9 of Title 18 of the Oklahoma Statutes.

B. The Attorney General or a district attorney may bring an

action:

1. To obtain a declaratory judgment that an act or practice

violates this act;

2. To enjoin, or to obtain a restraining order against a person

who has violated or is violating this act;

3. To recover actual damages, restitution, disgorgement and

penalties attributed to a violation of this act;

4. To recover reasonable expenses and investigation fees

attributable to a violation of this act;

5. To prosecute any civil or criminal actions as provided by

this act, as applicable; and

6. To revoke the registration of a charitable organization,

professional fundraiser, or professional solicitor for any violation

of this act.

C. In lieu of instigating or continuing an action or

proceeding, the Attorney General or a district attorney may accept a

consent judgment with respect to any act or practice declared to be

a violation of this act. Such a consent judgment shall provide for

the discontinuance by the person entering the same of any act or

practice declared to be a violation of this act, and it may include

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a stipulation for the payment by such person of reasonable expenses,

attorney fees, investigation costs and penalties incurred by the

Attorney General or a district attorney. The consent judgment also

may include a stipulation for restitution to be made by such person

to contributors of money, property or other things received from

contributors in connection with a violation of this act and also may

include a stipulation for specific performance. Any consent

judgment entered into pursuant to this section shall not be deemed

to admit the violation, unless it does so by its terms. Before any

consent judgment entered into pursuant to this section shall be

effective, it must be approved by the district court and an entry

made in the manner required for making an entry of judgment. After

such approval is received, any breach of the conditions of such

consent judgment shall be treated as a violation of a court order,
to admit the violation, unless it does so by its terms. Before any

consent judgment entered into pursuant to this section shall be

effective, it must be approved by the district court and an entry

made in the manner required for making an entry of judgment. After

such approval is received, any breach of the conditions of such

consent judgment shall be treated as a violation of a court order,

and shall be subject to all the penalties provided by law therefor.

D. In any action brought by the Attorney General or a district

attorney, the court may:

1. Make such orders or judgments as may be necessary to prevent

the use or employment by a person of any practice declared to be a

violation of this act;

2. Make such orders or judgments as may be necessary to

compensate any person for damages sustained;

3. Enjoin any person from engaging in solicitation of

charitable contributions in this state;

4. Revoke the registration of a charitable organization,

professional fundraiser or professional solicitor;

5. Enter any order that is appropriate in a criminal

prosecution of crimes identified in this act or any other state law;

and

6. Grant other appropriate relief.

E. When an action is filed under this act by the Attorney

General or a district attorney, no action seeking an injunction or

declaratory judgment shall be filed in any other district in this

state based upon the same transaction or occurrence, series of

transactions or occurrences, or allegations that form the basis of

the first action filed.

F. When the Attorney General or a district attorney has reason

to believe that a person has engaged in, is engaging in or is about

to engage in any practice declared to be in violation of this act

and he or she believes it to be in the public interest that an

investigation should be made to ascertain whether a person has in

fact engaged in, is engaging in or is about to engage in any such

practice, he or she may execute in writing and cause to be served

upon any such person who is believed to have information,

documentary material or physical evidence relevant to the alleged

violation an investigative demand requiring such person to furnish,

under oath or otherwise, a report in writing setting forth the

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nonprivileged relevant facts and circumstances of which the person

has knowledge, or to appear and testify, or to produce relevant

nonprivileged documentary material or physical evidence for

examination at such reasonable time and place as may be stated in

the investigative demand, concerning the solicitation of charitable

contributions.

G. To accomplish the objectives and to carry out the duties

prescribed by this act, the Attorney General or district attorney,

in addition to other powers conferred on him or her by this act or

the laws of this state, may issue subpoenas or other process to any

person and conduct hearings in aid of any investigation or inquiry,

administer oaths and take sworn statements under penalty of perjury,

and serve and execute in any county, search warrants; provided, that

none of the powers conferred by this act shall be used for the

purpose of compelling any natural person to furnish testimony or

evidence that might tend to incriminate him or her or subject him

or her to a penalty; and provided further, that information obtained

pursuant to the powers conferred by this act shall not be made

public or disclosed by the Attorney General, district attorney or

their employees unless otherwise provided under this act.

H. In addition to any other penalties provided under this act,

a charitable organization, professional fundraiser, or professional

solicitor that is found to be in violation of the Oklahoma

Solicitation of Charitable Contributions Act in a civil action or

who willfully violates the terms of any injunction or court order

issued pursuant to the Oklahoma Solicitation of Charitable
der this act.

H. In addition to any other penalties provided under this act,

a charitable organization, professional fundraiser, or professional

solicitor that is found to be in violation of the Oklahoma

Solicitation of Charitable Contributions Act in a civil action or

who willfully violates the terms of any injunction or court order

issued pursuant to the Oklahoma Solicitation of Charitable

Contributions Act shall pay a civil penalty of not more than Ten

Thousand Dollars ($10,000.00) per violation, taking into account the

nature and severity of the violation and the benefit provided to the

public by the violator, along with the need for protecting

contributors and donors. For the purposes of this section, the

district court issuing an injunction shall retain jurisdiction, and

in such cases, the Attorney General, acting in the name of the

state, or a district attorney may petition for recovery of civil

penalties.

I. In administering and pursuing actions under this act, the

Attorney General and a district attorney are authorized to sue for

and collect reasonable expenses, attorney fees, and investigation

fees as determined by the court. Civil penalties or contempt

penalties sued for and recovered by the Attorney General or a

district attorney shall be used for the furtherance of their duties

and activities under this act.

J. In addition to other penalties imposed by this act, any

person convicted in a criminal proceeding of committing an act

prohibited in paragraph 1, 3 or 5 of subsection A of this section,

shall be guilty of a felony and upon conviction thereof shall be

subject to a fine not to exceed Ten Thousand Dollars ($10,000.00) or

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imprisonment in the custody of the Department of Corrections for not

more than five (5) years, or by both such fine and imprisonment.