Legal Definitions - Oklahoma

In the legal context of commercial communications, Oklahoma refers to the specific laws enacted by the state of Oklahoma to regulate and restrict unsolicited commercial messages sent to its residents and businesses. These laws aim to protect individuals and entities from unwanted solicitations through various channels, including email, telephone calls, and faxes.

Specifically, Oklahoma has established statutes that address:

• Commercial Email and Spam: Regulations that govern the sending of commercial emails, prohibiting unsolicited messages (spam) and setting requirements for legitimate marketing communications.
• Telemarketing and Telephonic Anti-Solicitation: A comprehensive set of laws, including the Telemarketer Restriction Act, designed to limit unwanted telemarketing calls, establish "Do Not Call" lists, and set rules for how telemarketers can contact residents.
• Fax Anti-Solicitation: Statutes that prohibit the sending of unsolicited advertisements or promotional materials via fax machine.

Here are some examples illustrating how Oklahoma's laws apply in these areas:

• Example 1: Unsolicited Promotional Emails

  A national online clothing retailer, seeking to expand its customer base, purchases a large email list. Without verifying whether the recipients have opted in or have an existing relationship with the company, the retailer sends out a mass email campaign promoting a new line of products. Many recipients are Oklahoma residents who never consented to receive emails from this retailer.

  This scenario illustrates Oklahoma's commercial email and spam laws. These statutes would likely prohibit the retailer from sending unsolicited commercial emails to Oklahoma residents who have not given their prior consent, aiming to protect individuals from unwanted digital advertisements.

• Example 2: Persistent Telemarketing Calls

  An Oklahoma resident has registered their home phone number on both the national and Oklahoma state "Do Not Call" lists. Despite this, they repeatedly receive automated calls from a company offering discounted vacation packages. The company continues to call even after the resident has explicitly requested to be removed from their calling list.

  This demonstrates Oklahoma's telemarketing and telephonic anti-solicitation laws, including the Telemarketer Restriction Act. These laws are designed to prevent unwanted sales calls, especially to those who have registered on "Do Not Call" lists, and impose restrictions on how telemarketers can contact residents.

• Example 3: Unwanted Fax Advertisements

  A new office supply store opens in a major Oklahoma city and decides to promote its grand opening by sending promotional flyers via fax to hundreds of local businesses. Many of these businesses have no prior relationship with the new store and did not consent to receive these faxes.

  This highlights Oklahoma's fax anti-solicitation statutes. These laws prohibit sending unsolicited commercial faxes, protecting businesses and individuals from receiving unwanted advertisements that can consume their resources like paper and toner, and tie up their fax lines.