Oklahoma's New Telemarketing Law Goes Into Effect, Joining Other States With Mini-TCPAs
by David O. Klein
On November 1, 2022, Oklahoma's Telephone Solicitation Act ("OTSA")
took effect. Following a trend set by Florida, Oklahoma decided to
enact its own rules to regulate intrastate telemarketing
communications. Oklahoma's regulations are the latest to take effect
in a line of Mini-TCPA laws. These regulations have been coined
Mini-TCPAs because they are the state equivalents of the TCPA. The
TCPA, or Telephone Consumer Protection Act, is a federal statute
designed to protect consumer privacy by restricting certain types of
telemarketing communications. Over the years, The TCPA has been
subject to wide-ranging interpretation across various federal circuit
courts. States saw the need to design and enact Mini-TCPAs in order to
ensure more consistent adjudication of claims within their borders. As
detailed below, businesses should be aware of significant differences
that exist between the TCPA and Oklahoma's new telemarketing law.
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