Tuesday, April 26, 2022

Legislature passes bill to restrict telemarketing calls

Sounds nice, and also totally unenforceable. 🤷‍♂️

Senate votes to hang up on annoying solicitation calls; sends bill to governor

OKLAHOMA CITY (April 26th) – Oklahomans could be getting fewer irritating solicitation calls thanks to legislation unanimously approved Tuesday by the Senate. House Bill 3168, by Sen. Bill Coleman, R-Ponca City, creates the Telephone Solicitation Act of 2022, which would prohibit numerous types of marketing calls and set strict parameters on when others can be made.

“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.”

HB 3168 prohibits:

  • 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.

The measure also provides 26 exemptions, including:

  • Sales calls of an infrequent or one-time nature;
  • Calls for noncommercial 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; and
  • Qualified business-to-business sales calls.

If a sales call violates this act, an aggrieved party can initiate legal action to have a judge require the solicitor to stop, and the called party can recover actual damages or $500, whichever is greater.

HB 3168, by Rep. Logan Phillips, R-Mounds, now moves to the governor’s desk for final consideration.


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