ENGROSSED SENATE
BILL NO. 883 	By:	Laster of the Senate

			and

		Jett of the House

[ contracts - Telemarketer Restriction Act - 	effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 6, Chapter 72, O.S.L. 2002, as amended by Section 3, Chapter 357, O.S.L. 2003 (15 O.S. Supp. 2008, Section 775B.6), is amended to read as follows:
Section 775B.6  A.  No telemarketer shall make or cause to be made any unsolicited telemarketing sales call to any consumer more than thirty (30) days after the consumer’s telephone number or numbers first appear on the registry made available by the Attorney General pursuant to the Telemarketer Restriction Act.
B.  No telemarketer shall make or cause to be made any telemarketing sales call to any consumer on the registry on Sunday, including any call to such a consumer with whom the caller has an established business relationship.
C.  No telemarketer shall use any equipment or techniques the purpose of which is to intentionally block or avoid detection of the telemarketer’s identity or telephone number by caller identification devices.
D.  Willful violation of subsection subsections A, B and C of this section shall be an unlawful telemarketing practice practices and a violation of the Oklahoma Consumer Protection Act; except as provided in subsection C of this section, a call to a consumer with whom the caller has an established business relationship or a call to a consumer whose number has been removed from the registry shall not be a violation of the Telemarketer Restriction Act.
C. E.  In lieu of bringing an action under the Oklahoma Consumer Protection Act, the Attorney General may, in cases where the telemarketer is able to demonstrate that the violation occurred notwithstanding policies of the telemarketer that were an integral part of the training of the individual or individuals responsible for the violation, assess an administrative fine.  The Attorney General shall, pursuant to the Administrative Procedures Act, adopt and promulgate rules establishing a schedule of increasing fines to be assessed pursuant to this subsection for multiple and repeated violations.
SECTION 2.  This act shall become effective November 1, 2009.
Passed the Senate the 2nd day of March, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives