Oklahoma Adopts Mini Telephone Consumer Protection Act

Oklahoma joins Florida in passing its personal model of the Telephone Consumer Protection Act (TCPA) referred to as the “Telephone Solicitation Act of 2022.” The laws is about to take impact on Nov. 1, 2022. 

The Telephone Solicitation Act (TSA) applies to telemarketing calls utilizing an “automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.” This definition is totally different, and extra broad, than the definition of an auto dialer espoused by the USA Supreme Court docket in Fb v. Duguid, 141 S. Ct. 1163 (2021).

In Fb, the Supreme Court docket held that, for tools to qualify as an automated phone dialing system and thereby be topic to the TCPA, the tools should have the capability to both retailer or produce numbers utilizing a random or sequential quantity generator. Oklahoma legislation applies to tools that will not retailer or produce numbers randomly or sequentially as a result of the TSA captures tools which will mechanically choose saved numbers. Corporations with techniques which can be compliant with the TCPA ought to assessment their tools and the way the tools is used to make sure that it doesn’t mechanically choose saved numbers from a database if advertising and marketing to Oklahoma.

The TSA doesn’t simply prohibit client telemarketing both. B2B advertising and marketing can be within the combine.    Enterprise to enterprise telemarketing calls are exempt from the legislation if the marketer has been working for at the least three years below the identical title and has at the least half of its gross proceeds from gross sales to current companies. There are different exemptions as nicely.

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