OKLAHOMA CITY (KFOR) – The Oklahoma State Senate passed a bill that aims to pull the plug on certain types of solicitation calls.
House Bill 3168 has now been passed by both the State House of Representatives and the State Senate.
If Gov. Kevin Stitt signs the bill into law it will create the Telephone Solicitation Act of 2022, which would prohibit several types of marketing calls and establish strict parameters on when permissible solicitation calls can be made, according to a State Senate news release.
HB 3168 was written by Rep. Logan Phillips, R-Mounds, and Sen. Bill Coleman, R-Ponca City.
“There is nothing more annoying than getting constant calls from solicitors, from your car warranty expiring to something questionable on your credit report. This list goes on and on, and the calls are endless,” Coleman said. “This act will limit robocalls and sketchy sales calls, giving citizens some peace. This is a consumer reform that has been desperately needed for some time to get control over this frustrating industry that is continually finding new ways to get around the federal Do Not Call list.”
The bill prohibits the following types of solicitation calls:
- Automated telephonic sales/robocalls without prior express written consent;
- Telephone sales calls that do not display the originating telephone number and name on the caller ID;
- Telephone sales calls that intentionally alter the caller’s voice to disguise or conceal their identity to mislead or confuse the recipient;
- Sales calls before 8 a.m. and after 8 p.m.;
- More than three sales calls within a 24-hour period on the same matter; and
- Telephone sales calls that block caller ID or display a different phone number than the originating number.
It also provides 26 exemptions, including the following:
- Sales calls of an infrequent or one-time nature;
- Calls for noncommercial purposes, including religious, charitable, political educational purposes.
- Solicitors who do not make the sales presentation during the call, but rather arrange a face-to-face meeting;
- Financial institutions or licensed securities, commodities, investment, or insurance brokers;
- Newspaper or cable solicitations, or book, video, or record club plan;
- A book, video or record club or contractual plan or arrangement;
- A supervised financial institution or parent, subsidiary or affiliate thereof operating within the scope of supervised activity;
- Any licensed insurance broker, agent, customer representative or solicitor when soliciting within the scope of their license;
- A person soliciting for a cable television service operating under a franchise or permit;
- Qualified business-to-business sales calls;
- A person who solicits sales by periodically publishing and delivering a catalog of the seller’s merchandise to prospective purchasers as long as the catalog meets certain conditions;
- A person who solicits contracts for maintaining or repairing goods previously purchased from the solicitor or on whose behalf the solicitation is made.
An Oklahoman who receives a sales call that violates the bill’s parameters can take legal action to have a judge require the solicitor to stop. The judge can award the complainant actual damages or $500, whichever is greater, according to the news release.