Oklahoma Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Oklahoma regulates telephone sales through four overlapping bodies of law in Title 15 of the Oklahoma Statutes. The newest and most litigated is the Telephone Solicitation Act of 2022 (the "OTSA"), 15 O.S. §§ 775C.1 to 775C.6, which took effect November 1, 2022. The OTSA requires prior express written consent before a commercial sales call made with "an automated system for the selection or dialing of telephone numbers" or a recorded message, limits sales calls to 8 a.m. to 8 p.m. in the called person's time zone, caps sales calls at three per 24 hours on the same subject, imposes caller ID duties, and gives the called party a private right of action for the greater of actual damages or $500 per violation, which the court may treble for willful or knowing violations.

Older statutes remain in force alongside it. The Commercial Telephone Solicitation provisions, 15 O.S. §§ 775A.1 to 775A.5, require non-exempt commercial telephone sellers to register annually with the Oklahoma Attorney General and post a $10,000 bond, and they impose a three-business-day cancellation right and an abandoned-call limit. The Telemarketer Restriction Act, 15 O.S. §§ 775B.1 to 775B.7, created a state no-telemarketing-sales-call registry, maintained by the Attorney General, that telemarketers must purchase and scrub. The Oklahoma Consumer Protection Act (the "OCPA"), 15 O.S. § 751 et seq., contains the state's automatic dial announcing device rules (§ 755.1) and supplies the enforcement and private remedy framework for the registration and do-not-call statutes. The Anti-Caller ID Spoofing Act, 15 O.S. §§ 776.20 to 776.23, makes knowing insertion of false caller ID information a misdemeanor.

The Oklahoma Attorney General administers the registration program and the state do-not-call registry and enforces the OCPA. The Oklahoma Corporation Commission has a role under § 755.1 in ordering telephone companies to disconnect noncompliant automatic dialing equipment.

Headline difference from federal law: the OTSA is a "mini-TCPA" that is stricter than federal law in several respects. It ends calling at 8 p.m. rather than 9 p.m., adds a three-call-per-24-hour frequency cap, reaches calls made with an "automated system for the selection or dialing of telephone numbers" without the random or sequential number generator language the Supreme Court construed in Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), and gives a private right of action from the first violation rather than requiring more than one call in 12 months as 47 U.S.C. § 227(c)(5) does.

Key statutes and regulations

Detailed provisions

1. Telephone Solicitation Act of 2022 (15 O.S. §§ 775C.1 to 775C.6)

Short title and effective date. Section 775C.1 provides:

This act shall be known and may be cited as the "Telephone Solicitation Act of 2022".

The OSCN historical note records the enactment as Laws 2022, HB 3168, c. 290, effective November 1, 2022. No later amendment to §§ 775C.1 to 775C.6 appears in the OSCN historical data.

Consent for automated and recorded calls. The core prohibition is § 775C.3(A):

A. A person may not make or knowingly allow a commercial telephonic sales call to be made if such call involves 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 without the prior express written consent of the called party.

Two points about this text matter in practice. First, it is not limited to cellular numbers. The federal autodialer restriction in 47 U.S.C. § 227(b)(1)(A)(iii) applies to calls to cellular and certain other numbers, while § 227(b)(1)(B) covers artificial or prerecorded voice calls to residential lines. The OTSA applies to any "commercial telephonic sales call" that involves the described technology. Second, the operative phrase is "an automated system for the selection or dialing of telephone numbers." That phrase is not defined in § 775C.2, and it does not contain the "random or sequential number generator" element that the TCPA's definition in 47 U.S.C. § 227(a)(1) contains. Read on its face, a system that automatically selects numbers from a stored list, or automatically dials them, arguably falls within the statute even if it would not qualify as an automatic telephone dialing system after Duguid. No Oklahoma appellate court has construed the phrase. The one federal court to apply it, on a default record, borrowed the TCPA definition (see Silva v. Seven Rock Life Corp., discussed below).

Who is a "called party." Section 775C.2(1) defines the term:

"Called party" means a person who is the regular user of the telephone number that receives a commercial telephonic sales call;

This "regular user" definition tracks the reasoning many federal courts use for TCPA standing and allows a non-subscriber who regularly uses a line to sue.

Prior express written consent. Section 775C.2(3) defines the consent required by § 775C.3(A). It is a written agreement that, among other things:

b. clearly authorizes the person making or allowing the placement of a commercial telephonic sales call by telephone call, text message, or voicemail transmission to deliver or cause to be delivered to the called party a commercial telephonic sales call using an automated system for the selection or dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, or the transmission of a prerecorded voicemail,

The agreement must also include "the telephone number to which the signatory authorizes a commercial telephonic sales call to be delivered" (§ 775C.2(3)(c)) and a clear and conspicuous disclosure that the called party:

(2) he or she is not required to sign the written agreement directly or indirectly or to agree to enter into such an agreement as a condition of purchasing any property, goods, or services; and

Electronic signatures count. Section 775C.2(4) provides:

"Signature" includes an electronic or digital signature, to the extent that such form of signature is recognized as a valid signature under applicable federal law or state contract law.

The definition expressly reaches "text message" and "voicemail transmission," so ringless voicemail and text campaigns are within the consent requirement by its terms. The definition closely follows the FCC's definition of prior express written consent in 47 C.F.R. § 64.1200(f)(9), but it substitutes the OTSA's broader technology description for the federal reference to an "automatic telephone dialing system or an artificial or prerecorded voice." A consent form drafted only to the federal wording may therefore not track the Oklahoma text; best practice is to name the Oklahoma technology description in the authorization.

Caller ID transmission. Section 775C.3(B) requires transmission of the originating number and, when the carrier makes it available, the solicitor's name:

B. It shall be unlawful for any person who makes a commercial telephonic sales call or causes a commercial telephonic sales call to be made to fail to transmit or cause not to be transmitted the originating telephone number and, when made available by the telephone solicitor's carrier, the name of the telephone solicitor to any caller identification service in use by a recipient of a commercial telephonic sales call.

The same subsection permits substitution of the seller's name and customer service number, "which is answered during regular business hours," and adds a callback requirement:

If a telephone number is made available through a caller identification service as a result of a commercial telephonic sales call, the solicitor must ensure that telephone number is capable of receiving telephone calls and must connect the original call recipient, upon calling such number, to the telephone solicitor or to the seller on behalf of which a commercial telephonic sales call was placed.

Voice alteration. Section 775C.3(C) addresses a practice federal law does not specifically name:

C. It shall be unlawful for any person who makes a commercial telephonic sales call or causes a commercial telephonic sales call to be made to intentionally alter the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to defraud, confuse, or financially or otherwise injure the recipient of a commercial telephonic sales call or in order to obtain personal information from the recipient of a commercial telephonic sales call, which may be used in a fraudulent or unlawful manner.

Area code presumption. Section 775C.3(D) supplies a jurisdictional presumption that matters for out-of-state callers and for class definitions:

D. There is a rebuttable presumption that a commercial telephonic sales call made to any area code in this state is made to an Oklahoma resident or to a person in this state at the time of the call.

Calling hours and frequency cap. Section 775C.4(A) provides:

A. A commercial telephone seller or salesperson may not make any of the following types of phone calls, including calls made through automated dialing or recorded messages:

1. A commercial telephone solicitation phone call before 8 a.m. or after 8 p.m. local time in the called person's time zone; and

2. More than three commercial telephone solicitation phone calls from any number to a person over a twenty-four-hour period on the same subject matter or issue, regardless of the phone number used to make the call.

The hour restriction is one hour narrower than the federal 8 a.m. to 9 p.m. window in 47 C.F.R. § 64.1200(c)(1) and 16 C.F.R. § 310.4(c). The frequency cap has no federal counterpart. The phrase "regardless of the phone number used to make the call" closes the obvious workaround of rotating numbers. Section 775C.4 is framed around a "commercial telephone seller or salesperson" and "commercial telephone solicitation," terms defined in § 775A.2 rather than § 775C.2; the Western District of Oklahoma has relied on the § 775A.2 definitions in construing the OTSA (Ioszpe v. Unifin, Inc., below). The statute does not separately address weekends or holidays.

Caller ID blocking and spoofing. Section 775C.4(B) adds:

B. A commercial telephone seller or salesperson making a commercial telephone solicitation call may not:

1. Intentionally act to prevent transmission of the telephone solicitor's name or telephone number to the party called when the equipment or service used by the telephone solicitor is capable of creating and transmitting the telephone solicitor's name or telephone number; or

2. Use technology that deliberately displays a different caller identification number than the number from where the call is originating to conceal the true identity of the caller.

Exemptions. Section 775C.5 lists 26 exempt categories. The ones most often relevant are:

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;

8. Any licensed insurance broker, agent, customer representative, or solicitor when soliciting within the scope of his or her license.

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;

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;

Other exempt categories include isolated transactions (para. 1), sales completed at a later face-to-face meeting (para. 3), licensed securities and investment professionals (para. 4), newspapers (para. 5), negative option clubs (para. 6), supervised financial institutions and affiliates (para. 7), cable television (para. 9), certain business-to-business sales (para. 10), catalog sellers (para. 11), maintenance and repair of goods previously purchased (para. 12), telephone companies and their vendors (para. 14), licensed funeral services (para. 15), certain public issuers (para. 16), food and beverage sales of $500 or less (para. 19), retailers operating a physical establishment for at least a year (para. 21), established telemarketing service bureaus (para. 22), periodical publishers (para. 24), licensed pesticide handlers (para. 25), and licensees regulated under Title 6 (banking) (para. 26). Paragraph 13 exempts simply "A commercial telephone seller;" which, read literally, sits uneasily with § 775C.4's application to a "commercial telephone seller or salesperson." No court has resolved that tension, and the safer course is not to rely on paragraph 13.

The OTSA's established business relationship exemption (para. 20) has no time limit. That is broader than the federal definition in 47 C.F.R. § 64.1200(f)(5), which is limited to 18 months after a purchase or transaction and three months after an inquiry. The insurance and real estate exemptions are significant: those industries remain subject to the TCPA and the federal Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310, but not to the OTSA when acting within the scope of the license.

Private right of action and damages. Section 775C.6 provides:

A. A called party who is aggrieved by a violation of this act may bring an action to:

1. Enjoin such violation; and

2. Recover actual damages or Five Hundred Dollars ($500.00), whichever is greater.

B. If the court finds that the defendant willfully or knowingly violated this act or rules adopted pursuant to this act, the court may, in its discretion, increase the amount of the award to an amount equal to not more than three times the amount available under subsection A of this section.

The OTSA does not contain an attorney fee provision or a class-action bar. It does not specify a limitations period; in Silva v. Seven Rock Life Corp. the court observed that "[i]t appears" a three-year statute governs and cited Okla. Stat. tit. 12, § 95. That observation was made on a default record and should not be treated as settled.

2. Commercial telephone seller registration and bonding (15 O.S. §§ 775A.1 to 775A.5)

Who is covered. Section 775A.2(1) defines a "commercial telephone seller" as:

"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;

The definition then excludes 21 categories (§ 775A.2(1)(a) to (u)), including registered securities offerings, political and religious calls, registered charitable solicitations, supervised financial organizations and lenders, insurance-regulated persons, face-to-face closing sales, real estate licensees, Corporation Commission regulated businesses, three-year Oklahoma retailers, and the following text-message exclusion:

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;

"Commercial telephone solicitation" is defined in § 775A.2(2)(a) to include:

a. an unsolicited telephone call or message, including, but not limited to, a cellular telephone text message, 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,

Registration. Section 775A.3(A) requires registration before calling:

A. No commercial telephone seller shall conduct business in this state without having registered with the Attorney General at least ten (10) days prior to the conduct of such business. Individual employees of the commercial telephone seller are not required to register. A commercial telephone seller conducts business in this state if the telephone solicitations of prospective purchasers are made from locations in this state or solicitation is made of prospective purchasers located in this state.

Registration lasts one year. Under § 775A.3(B), the filing fee "shall not exceed Two Hundred Fifty Dollars ($250.00) for an application for registration or One Hundred Dollars ($100.00) for an application for renewal." The application must be verified by each principal "under penalty of perjury" (§ 775A.3(D)) and must list, among other things, all business names, all calling locations, all telephone numbers to be used, all principals and managers, and the goods or services offered with copies of sales scripts (§ 775A.3(E)). Material changes must be reported by addendum within ten days (§ 775A.3(C)). The information "shall be available for public inspection" (§ 775A.3(D)).

Bond. Section 775A.5 requires a surety bond:

The applicant shall, at the time of making application, file with and have approved by the Attorney General a bond in which the applicant shall be the principal obligor, in the sum of Ten Thousand Dollars ($10,000.00) with one or more sureties whose liability is the aggregate as such sureties shall at least equal the said sum.

The bond runs "to the Attorney General for the use of the state and to any person who may have a cause of action against the obligor of said bond for any violation of the act."

Unlawful telemarketing practices. Section 775A.4(A) lists ten unlawful practices. The telephone-specific items are:

1. Conducts business as a commercial telephone seller without having registered with the Attorney General, as required by Section 775A.3 of this title;

2. Fails to allow the purchaser in any telephone sales transaction to cancel any purchase or agreement to purchase goods, services or property at any time before the expiration of three (3) business days after the purchaser's receipt of such goods, services or property by delivering or mailing to the commercial telephone seller written notice of cancellation.

4. Fails to disclose to the purchaser during a telephone solicitation that the purchaser has the cancellation rights set forth in paragraph 2 of this subsection;

8. Uses equipment or techniques the purpose of which is to intentionally block or avoid detection of the commercial telephone seller's identity or telephone number by caller identification devices;

9. Uses equipment, systems or procedures which automatically dial and engage the telephone number of more than one person at a time resulting in a number of abandoned calls per day that are more than five percent (5%) of the number of answered calls per day in any campaign;

Refunds are due within 30 days after notice of cancellation, or within 30 days after the seller receives returned goods (§ 775A.4(A)(3)). Section 775A.4(A)(7) prohibits referencing compliance with the act without disclosing "that compliance with this act does not constitute approval by any governmental agency of the seller's marketing, advertisements, promotions, goods or services." Section 775A.4(B) excuses the cancellation and disclosure duties for sellers offering a seven-day full refund or cancellation privilege disclosed orally and in writing. Section 775A.4(D) provides: "Any violations of this act are violations of the Oklahoma Consumer Protection Act."

3. State do-not-call registry: Telemarketer Restriction Act (15 O.S. §§ 775B.1 to 775B.7)

Registry. Section 775B.3 requires the Attorney General to maintain "a statewide registry which shall contain a list of consumers who desire not to receive unsolicited telemarketing sales calls or messages, including, but not limited to, a cellular telephone text message." Section 775B.4 requires the Attorney General to update the registry "not less than quarterly" and to make it available to telemarketers "by such means and for such fees as are determined by the Attorney General pursuant to the Administrative Procedures Act." The Attorney General is authorized to forward consumer requests to the FTC or FCC, and the registry is confidential and not subject to the Oklahoma Open Records Act (§ 775B.4).

Definitions. "Telemarketer" includes "any person who directly controls or supervises the conduct of a telemarketer" (§ 775B.2(5)), which reaches sellers and supervisors as well as call centers. The established business relationship is defined in § 775B.2(3):

"Established business relationship" means a prior relationship formed within the preceding twenty-four (24) months or an existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party;

"Consumer" is limited to a natural person resident in Oklahoma and excludes businesses (§ 775B.2(2)). "Telemarketing" excludes a call made solely to arrange a later face-to-face meeting between a salesperson and the consumer (§ 775B.2(6)).

Prohibition. Section 775B.6(A) provides:

A. No telemarketer shall make or cause to be made any unsolicited telemarketing sales call or message, including, but not limited to, a cellular telephone text message, to any consumer more than thirty (30) days after the consumer's telephone number or numbers first appear on the registry made available by the Attorney General pursuant to the Telemarketer Restriction Act.

Section 775B.6(B) makes a "[w]illful violation" an unlawful telemarketing practice and a violation of the OCPA, and excepts calls to consumers with whom the caller has an established business relationship and calls to numbers removed from the registry. Section 775B.6(C) allows the Attorney General, where the telemarketer shows the violation occurred despite policies that were an integral part of its training, to impose an administrative fine in lieu of an OCPA action.

Access fees and rules. The Attorney General's rules set registry access at "$600.00 per year or $150.00 per quarter year" (Okla. Admin. Code 75:10-1-9(3)), require a confidentiality agreement, and require certification of compliance with § 775A.3 or a notarized affidavit explaining any exemption (75:10-1-9(4)(H)). The registry may be used only for compliance with the act (75:10-1-10). Consumer registrations last two years and renew automatically (75:10-1-6). The schedule of administrative fines in 75:10-1-11(d) runs from "not to exceed $1,000.00 per violation" for first and second violations to "not to exceed $10,000.00 per violation" for violations after the tenth.

The Attorney General's website states that telemarketers "must obtain access to the Telemarketer Restriction Act Consumer Registry, unless you fall into one of the exceptions," and that "Fees for access to the registry are $150.00 per quarter or $600.00 per year."

4. Automatic dial announcing devices (15 O.S. §§ 752(12), 755.1, 755.2)

Definition. Section 752(12) defines the device:

"Automatic dial announcing device" means automatic equipment that: a. stores telephone numbers to be called, or has a random or sequential number generator capable of producing numbers to be called, b. conveys a prerecorded or synthesized voice message to the number called, and c. is used for the purpose of offering any goods or services for sale or conveying information regarding such goods or services;

Unlike the TCPA definition construed in Duguid, this definition is satisfied by equipment that merely "stores telephone numbers to be called," but it is limited to equipment that also conveys a prerecorded or synthesized voice message for a sales purpose.

Conditions of use. Section 755.1(C) permits use of such a device only when it disconnects "not later than twenty (20) seconds after the called person hangs up," and:

2. For calls terminating in this state, the device is not used to make a call: a. before 9 a.m. or after 9 p.m., or

In addition, one of four conditions must be met under § 755.1(C)(3): the calls respond to calls initiated by the person called or a written request to be called; the calls concern goods or services previously ordered or purchased; the calls are made by creditors or their assignees; or:

d. the calls are initiated by a live operator who gives the caller the option to disconnect prior to the playing of a prerecorded or synthesized voice message.

Section 755.1(D) provides: "An automatic dial announcing device shall not be used for random number dialing or to dial numbers determined by successively increasing or decreasing integers." Subsections (E) to (G) authorize telephone companies to disconnect noncompliant devices and require disconnection on an order of a court or the Corporation Commission. Violations of § 755.1 are OCPA unlawful practices under § 753(20).

Voidable contracts. Section 755.2 provides that a contract made pursuant to an unsolicited automated call or text "in violation of the Oklahoma Consumer Protection Act shall be voidable at the option of the consumer, unless it has been memorialized in writing and signed by the consumer."

5. Caller ID spoofing (15 O.S. §§ 776.22, 776.23)

Section 776.23(A) provides:

A. A caller may not knowingly insert false information into a caller identification system with the intent to mislead, defraud or deceive the recipient of a telephone call.

"False information" excludes the name and number of the person on whose behalf an authorized call is made (§ 776.22(4)). Blocking caller ID is not covered (§ 776.23(B)(1)). A violation is a misdemeanor punishable by up to one year in county jail or a fine of "not more than Ten Thousand Dollars ($10,000.00) per incident," or both (§ 776.23(C)), and is also an OCPA violation (§ 776.23(D)).

6. OCPA remedies, penalties and the § 754(2) exemption

Private remedy. Violations of §§ 775A.4, 775B.6 and 755.1 are enforced privately through the OCPA. Section 761.1(A) makes a violator liable "for the payment of actual damages sustained by the customer and costs of litigation including reasonable attorney's fees." Section 761.1(B) adds a civil penalty of up to $2,000 per violation, "recoverable in an individual action only," where the practice is also found unconscionable. Unlike the OTSA, the OCPA does not provide fixed statutory damages, so a do-not-call or registration claim brought under the OCPA requires proof of actual damages.

Public enforcement. The Attorney General or a district attorney may seek declaratory and injunctive relief, restitution and expenses (§ 756.1). Section 761.1(C) provides for a civil penalty "of not more than Ten Thousand Dollars ($10,000.00) per violation," and § 761.1(E) makes a criminal violation of the OCPA a D1 felony, with a fine of up to $5,000, imprisonment, or both.

Regulated-transaction exemption. Section 754(2) provides that the OCPA does not apply to:

2. Actions or transactions regulated under laws administered by the Corporation Commission or any other regulatory body or officer acting under statutory authority of this state or the United States,

Federal courts in Oklahoma have treated this exemption as a significant obstacle to OCPA claims premised on conduct the FCC already regulates under the TCPA (see Braver v. Clear Sky Financial, LLC, below). The OTSA is a freestanding statute with its own remedy in § 775C.6 and is not routed through the OCPA, so § 754(2) does not by its terms limit OTSA claims.

How Oklahoma law differs from federal law

Where Oklahoma is stricter. The OTSA's 8 p.m. cutoff, its three-call frequency cap, its technology-neutral consent requirement for automated sales calls to any line, its voice-alteration ban, its callback requirement for displayed numbers, and its single-violation private right of action all go beyond federal law. The registration and bonding regime and the three-business-day cancellation right have no federal analogue. A caller that complies only with the TCPA and TSR can violate the OTSA by calling at 8:30 p.m., by making a fourth call in a day, or by using list-based automated dialing that would not be an ATDS after Duguid.

Where Oklahoma is looser. The OTSA exempts entire industries, including licensed insurance and real estate agents acting within the scope of their licenses, and its established business relationship exemption has no time limit. The 5% abandoned-call threshold in § 775A.4(A)(9) is more permissive than the federal 3% safe harbor, although federal law still applies. The OCPA's private remedy requires actual damages and is subject to the § 754(2) regulated-transaction exemption.

Where Oklahoma tracks federal law. The OTSA's definition of prior express written consent follows the structure of 47 C.F.R. § 64.1200(f)(9), including the disclosure that signing is not a condition of purchase, and its treble damages language follows 47 U.S.C. § 227(b)(3).

Notable enforcement and case law

Silva v. Seven Rock Life Corp., No. 2:23-cv-6407 (NJC) (SIL) (E.D.N.Y. June 28, 2024). Silva v. Seven Rock Life Corp. (E.D.N.Y. 2024) On a renewed motion for default judgment, the court held that the plaintiff established liability under § 775C.3(A) for fifteen marketing text messages. The court noted that the OTSA "does not define 'an automated system for the selection or dialing of telephone numbers' and there does not appear to be any case law on the statute or this definition," and it looked to the TCPA's ATDS definition. It found an automated system was used because the plaintiff alleged the texts were sent "through a platform that has the capacity to select and dial numbers automatically from a list" and the messages were generic. It interpreted "person" to include corporations and awarded $500 per text, $7,500 in total, under § 775C.6(A). As a default judgment from a federal court outside Oklahoma, the decision is of limited precedential weight, but it is the most detailed published application of the OTSA's consent and damages provisions.

Ioszpe v. Unifin, Inc., No. CIV-25-98-SLP (W.D. Okla. Aug. 28, 2025). Ioszpe v. Unifin, Inc. (W.D. Okla. 2025) The court granted a debt collector's motion to dismiss, finding the plaintiff's allegations insufficient to establish personal jurisdiction or venue in Oklahoma, and also addressed the merits of the OTSA claim. Relying on the § 775A.2 definitions of "commercial telephone solicitation" and "commercial telephone seller," it held that the plaintiff "does not allege Unifin is a commercial seller or attempted to sell him any good or service covered under the OTSA," and therefore failed to state a claim. The decision indicates that the OTSA reaches sales calls rather than debt collection calls. Although the court found that the plaintiff had stated a federal TCPA claim, the motion was granted as a whole, and the plaintiff was given leave to seek to amend.

Braver v. Clear Sky Financial, LLC, No. CIV-22-710-R (W.D. Okla. July 18, 2024). Braver v. Clear Sky Financial, LLC (W.D. Okla. 2024) On an unopposed summary judgment motion, the court granted relief on the TCPA claims, awarding treble damages, but declined to enter judgment on OCPA claims under § 755.1(C), § 775A.4 and § 775B.6. The court noted that the OCPA exempts transactions regulated by federal authorities under § 754(2), cited an earlier Northern District of Oklahoma decision dismissing an OCPA autodialer claim on that basis, and held the plaintiff had not addressed the exemption or "the differing definitions, requirements, and exceptions contained in the various statutes." It did grant summary judgment on an OCPA deceptive trade practice claim for $20 in actual damages plus fees.

No Oklahoma Supreme Court or Court of Civil Appeals decision construing the OTSA was located.

Recent amendments

• Laws 2022, HB 3168, c. 290, effective November 1, 2022: enacted the Telephone Solicitation Act of 2022, 15 O.S. §§ 775C.1 to 775C.6. The OSCN historical notes show no later amendment to these sections.
• Laws 2025, HB 2104, c. 486, § 347, effective January 1, 2026: amended 15 O.S. § 761.1 (OCPA remedies and penalties). The current text classifies a criminal OCPA violation as "a D1 felony offense" with reference to Section 20N of Title 21.
• Laws 2011, SB 398, c. 369, emergency effective July 1, 2011: extended §§ 755.2, 775B.2, 775B.3, 775B.4 and 775B.6 to cellular telephone text messages.

Practical compliance checklist

• Obtain OTSA-compliant prior express written consent, signed (electronic signature acceptable) and naming the number, before any sales call or text placed with automated selection or dialing, a recorded message, or a prerecorded voicemail, and draft the authorization to the Oklahoma technology description rather than only the federal ATDS wording.
• Restrict commercial solicitation calls and texts to Oklahoma numbers (presumed by area code) to 8 a.m. to 8 p.m. in the called person's time zone, and prerecorded-device calls to 9 a.m. to 9 p.m.
• Enforce a hard cap of three solicitation attempts per person per 24 hours on the same subject across all outbound numbers and vendors.
• Transmit a callable originating number (or the seller's staffed customer service number) and, where available, the solicitor's name; never block, rotate to conceal, or spoof caller ID, and never alter a caller's voice to conceal identity.
• Determine whether the seller is a "commercial telephone seller" under § 775A.2; if no exclusion applies, register with the Attorney General at least ten days before calling, post the $10,000 bond, renew annually, and file addenda for material changes.
• Purchase the Oklahoma do-not-call registry ($600 per year or $150 per quarter), scrub within 30 days of each update, and scrub separately against the National Do Not Call Registry.
• Document any established business relationship, keeping in mind the 24-month limit under the Telemarketer Restriction Act and the shorter federal periods.
• For telephone sales, disclose and honor the three-business-day cancellation right and 30-day refund rule unless the § 775A.4(B) seven-day refund alternative is used and disclosed orally and in writing.
• Keep abandoned calls under the federal 3% per 30-day standard, which also satisfies Oklahoma's 5% daily limit.
• Do not rely on an OTSA industry exemption without confirming the caller is acting within the scope of the relevant license, and remember that the TCPA and TSR still apply to exempt callers.

References

• 15 O.S. § 775C.1, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492644
• 15 O.S. § 775C.2, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492646
• 15 O.S. § 775C.3, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492648
• 15 O.S. § 775C.4, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492651
• 15 O.S. § 775C.5, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492653
• 15 O.S. § 775C.6, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=492655
• 15 O.S. § 775A.2, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=66280
• 15 O.S. § 775A.3, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=66281
• 15 O.S. § 775A.4, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=66282
• 15 O.S. § 775A.5, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=104276
• 15 O.S. § 775B.2, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=437231
• 15 O.S. § 775B.3, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=380014
• 15 O.S. § 775B.4, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=437232
• 15 O.S. § 775B.6, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=437233
• 15 O.S. § 752, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=436244
• 15 O.S. § 753, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=436245
• 15 O.S. § 754, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=553172
• 15 O.S. § 755.1, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=66258
• 15 O.S. § 755.2, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=66259
• 15 O.S. § 756.1, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=66261
• 15 O.S. § 761.1, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=66266
• 15 O.S. § 776.22, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=449673
• 15 O.S. § 776.23, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=449675
• Okla. Admin. Code 75:10 (Telemarketer Restriction Act Consumer Registry), https://oklahoma.gov/content/dam/ok/en/oag/resources/admin-rules/2026-permanent-rules/75-10%20eff.%206.11.2026.pdf
• Oklahoma Attorney General, Telemarketer Restriction Act Consumer Registry, https://oklahoma.gov/oag/resources/telemarketer-restriction-act.html
• Silva v. Seven Rock Life Corp., No. 2:23-cv-6407 (E.D.N.Y. June 28, 2024), https://www.govinfo.gov/content/pkg/USCOURTS-nyed-2_23-cv-06407/pdf/USCOURTS-nyed-2_23-cv-06407-0.pdf
• Ioszpe v. Unifin, Inc., No. CIV-25-98-SLP (W.D. Okla. Aug. 28, 2025), https://www.govinfo.gov/content/pkg/USCOURTS-okwd-5_25-cv-00098/pdf/USCOURTS-okwd-5_25-cv-00098-0.pdf
• Braver v. Clear Sky Financial, LLC, No. CIV-22-710-R (W.D. Okla. July 18, 2024), https://www.govinfo.gov/content/pkg/USCOURTS-okwd-5_22-cv-00710/pdf/USCOURTS-okwd-5_22-cv-00710-1.pdf
• 47 U.S.C. § 227, https://www.law.cornell.edu/uscode/text/47/227
• 47 C.F.R. § 64.1200, https://www.law.cornell.edu/cfr/text/47/64.1200
• 16 C.F.R. § 310.4, https://www.law.cornell.edu/cfr/text/16/310.4

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.