Oklahoma Commercial Solicitation by Facsimile Device
21 OK Stat § 21-1862, et seq.
Oklahoma Statutes
Title 21. Crimes and Punishments
§21-1862. Commercial solicitation by facsimile device - Definitions.
§21-1863. Commercial solicitation by facsimile device - Penalties.
§21-1862. Commercial solicitation by facsimile device - Definitions.
As used in this act:
"Facsimile device" means a machine capable of receiving and reproducing facsimiles of text or images transmitted electronically or telephonically through telecommunication lines connecting to the machine; and
"Commercial solicitation" means an unsolicited electronic or telephonic transmission to a facsimile device to encourage the purchase of goods, realty, services or to advertise availability of such goods, realty or services. Commercial solicitation shall not include an electronic or telephonic transmission to a facsimile device:
a. made in the course of prior negotiations,
b. made to a party with whom there was a prior business relationship or an existing relationship,
c. made in the course of a follow up to a sales call, sales lead or other business-related contact; or
d. made after normal business hours and two pages or less in length.
Added by Laws 1990, c. 169, § 1, emerg. eff. May 2, 1990.
§21-1863. Commercial solicitation by facsimile device - Penalties.
Universal Citation: 21 OK Stat § 21-1863 (2021)
A. A person shall not intentionally make an electronic or telephonic transmission to a facsimile device located in this state by means of any connection with a telephone network for the purpose of transmitting a commercial solicitation, as defined by Section 1 of this act. Each commercial solicitation prohibited by this act shall be a separate violation.
B. Any person violating the provisions of this act shall upon conviction be guilty of a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) or more than One Thousand Dollars ($1,000.00) for each separate violation.
C. A person violating the provisions of this act shall be deemed to have committed the violation either at the place where the electronic or telephonic transmission is made or at the place where the transmission is received.
Added by Laws 1990, c. 169, § 2, emerg. eff. May 2, 1990.
For more information, see here: http://www.oklegislature.gov/osstatuestitle.html
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