STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 504	By:	Eason McIntyre

AS INTRODUCED

An Act relating to the Telemarketer Restriction Act; amending Section 2, Chapter 72, O.S.L. 2002, as amended by Section 1, Chapter 357, O.S.L. 2003 (15 O.S. Supp. 2008, Section 775B.2), which relates to definitions; modifying definition; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 2, Chapter 72, O.S.L. 2002, as amended by Section 1, Chapter 357, O.S.L. 2003 (15 O.S. Supp. 2008, Section 775B.2), is amended to read as follows:
Section 775B.2  As used in the Telemarketer Restriction Act:
1.  "Commercial purposes" means relating to the sale or offer for sale of goods or services.  “Commercial purposes” does not mean solicitation of funds or other support for a charitable or religious activity; political candidate, cause, or organization; or any activity of a not-for-profit entity organized pursuant to Section 501(c)(3) of the Internal Revenue Code;
2.  "Consumer" means any natural person who is a resident of this state and shall ~~not~~ include any business association, partnership, firm, corporation, and its affiliates or subsidiaries, other business entity or any not-for-profit entity organized pursuant to Section 501(c)(3) of the Internal Revenue Code;
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;
4.  "Person" means any natural person, association, partnership, firm, corporation and its affiliates or subsidiaries, or other business entity;
5.  "Telemarketer" means any person who, for commercial purposes, initiates a telemarketing sales call to a consumer located in this state or any person who directly controls or supervises the conduct of a telemarketer; and
6.  "Telemarketing" means any plan, program, or campaign which is conducted for commercial purposes, by use of one or more telephones and which involves a telephone call initiated by a telemarketer to a consumer located within this state at the time of the call; “telemarketing” may include use of random dialing or other devices for such purposes and use of recorded or simulated voices. “Telemarketing” does not include a telephone call which is made for the sole purpose of arranging a subsequent face–to-face meeting between a salesperson and the consumer.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-155	LKS	1/9/2009 9:03:36 AM