In light of the upcoming election season, the Oklahoma Attorney General's office released a press reminder to campaigns to be vigilant about keeping compliant with Oklahoma's telemarketing laws. Businesses and individuals should be aware of the telemarketing laws, and some of their protections.
I believe the toughest of these laws is the "Unlawful Practices" act contained in 15 O.S. 775A.4, and the Telemarketer Restriction Act contained in 15 O.S. 775B.1, et. seq.
Both acts restrict the use of telephones, and seek to minimize or eliminate the harassing or annoying behavior associated with telemarketers. Businesses must know and understand the rules regarding telemarketing, before opting to use that method of marketing.
There's also another valuable consumer protection gem contained in 15 O.S. 776.1. This statute deals with the fraudulent use of electronic mail to deceive a potential consumer. Business owners must be aware of this statute when you develop a marketing plan. It's unlawful for a business to conduct an email campaign that is deceitful. Unfortunately for consumers, this statute doesn't have very much "bite." The civil penalties available are limited to $500.00. However, as is most often the case, these violations happen on a mass scale, and therefore entitle a class of plaintiffs to file a lawsuit.
Finally, you may also want to note our prior discussion regarding unsolicited or junk faxes. Like telemarketing and email, consumers have protection from these types of violations.
If you're a consumer being harassed by telemarketers, or a business seeking to develop a telemarketing or email marketing campaign, it's important to discuss the issues with an attorney. Our law firm can address these issues, and give you guidance on how to avoid penalties and remain in compliance with the consumer protection laws. Contact Jeffrey Taylor at (405) 748-0318, or email: .