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Bill > HB3168


OK HB3168

OK HB3168
Telephone solicitation; creating the Telephone Solicitation Act of 2022; prohibition of certain sales calls; action for relief; exemptions; effective date.


summary

Introduced
02/07/2022
In Committee
04/07/2022
Crossed Over
03/15/2022
Passed
05/16/2022
Dead
Signed/Enacted/Adopted
05/20/2022

Introduced Session

2022 Regular Session

Bill Summary

An Act relating to telephone solicitation; creating the Telephone Solicitation Act of 2022; defining terms; *** providing a rebuttable presumption for certain calls made to any area code in this state; prohibiting a *** certain commercial telephone solicitation phone calls; *** exempting certain persons; *** providing for codification; and providing an effective date. AUTHOR: Add the following House Coauthor: West (Josh) AUTHOR: Remove as principal Senate author Leewright and substitute as principal Senate author Coleman. Retain Leewright as Senate coauthor. Add the following Senate Coauthors: Bullard and Stephens AMENDMENT NO. 1. , lines 8 and 18, insert, after the word "a" and before the word "telephonic", the word "commercial" AMENDMENT NO. 2. , line 21, insert, before the word "telephonic", the word "commercial" AMENDMENT NO. 3. , lines 4, 10, and 11, insert, after the word "a" and before the word "telephonic", the word "commercial" AMENDMENT NO. 4. , lines 4, 9, 10, 14, 17, and 21, insert, after the word "a" and before the word "telephonic", the word "commercial" AMENDMENT NO. 5. , lines 1, 3, and 4, insert, after the word "a" and before the word "telephonic", the word "commercial" AMENDMENT NO. 6 , line 8, insert, before the word "telephonic", the word "commercial" AMENDMENT NO. 7 , lines 9 and 11, insert, after the word "a" and before the word "telephonic", the word "commercial" Passed the Senate the 26th day of April, 2022. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2022. Presiding Officer of the House of Representatives ENGROSSED HOUSE BILL NO. 3168 By: Phillips, McDugle, and Roe of the House and Leewright of the Senate An Act relating to telephone solicitation; creating the Telephone Solicitation Act of 2022; defining terms; prohibiting certain telephonic sales calls without the prior express written consent of the called party; prohibiting commercial telephone sellers or salespersons from using certain technology to conceal their true identity; providing a rebuttable presumption for certain calls made to any area code in this state; prohibiting a commercial telephone seller or salesperson from using automated dialing or recorded messages to make certain commercial telephone solicitation phone calls; providing the time frame during which a commercial telephone seller or salesperson may make commercial solicitation phone calls; prohibiting commercial telephone sellers or salespersons from making a specified number of commercial telephone solicitation phone calls to a person over a specified time frame; exempting certain persons; providing a cause of action for aggrieved called parties; authorizing a court to increase an award for willful and knowing violations; providing for codification; and providing an effective date.

AI Summary

This bill, known as the "Telephone Solicitation Act of 2022," creates new laws in Oklahoma to regulate commercial telephone solicitation. It defines key terms like "prior express written consent" and establishes requirements for commercial telephone sellers, such as prohibiting the use of automated dialing or recorded messages without the called party's consent. The bill also outlines various exemptions, such as for charities, securities brokers, and certain licensed professionals. Aggrieved parties can bring civil actions to seek injunctions and damages, with the possibility of treble damages for willful violations. The Act is set to take effect on November 1, 2022.

Committee Categories

Business and Industry

Sponsors (8)

Last Action

Approved by Governor 05/20/2022 (on 05/20/2022)

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bill summary

Document Type Source Location
State Bill Page http://www.oklegislature.gov/BillInfo.aspx?Bill=hb3168&Session=2200
BillText http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20ENR/hB/HB3168%20ENR.PDF
Fiscal Note/Analysis - House: Senate Amendment to House Bill http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20SUPPORT%20DOCUMENTS/BILLSUM/House/HB3168%20SAHB%20BILLSUM.PDF
BillText http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20AMENDMENTS/Amendment%20&%20Engr/HB3168%20SAHB%20&%20ENGR.PDF
Senate Floor HB3168 (4-25-22) (COLEMAN) FA2 http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20FLOOR%20AMENDMENTS/Senate/HB3168%20(4-25-22)%20(COLEMAN)%20FA2.PDF
Senate Floor HB3168 (4-12-22) (COLEMAN) RT FA1 http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20FLOOR%20AMENDMENTS/Senate/HB3168%20(4-12-22)%20(COLEMAN)%20RT%20FA1.PDF
BillText http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20FLR/SFLR/HB3168%20SFLR.PDF
BillText http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20ENGR/hB/HB3168%20ENGR.PDF
House Floor 1 Floor Amendment by PHILLIPS http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20FLOOR%20AMENDMENTS/House/HB3168%20FA1%20PHILLIPSLO-MJ.PDF
Fiscal Note/Analysis - House: Floor Amendment 1 http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20SUPPORT%20DOCUMENTS/BILLSUM/House/HB3168%20FA1%20BILLSUM.PDF
BillText http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20FLR/HFLR/HB3168%20HFLR.PDF
Fiscal Note/Analysis - House: Introduced http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20SUPPORT%20DOCUMENTS/BILLSUM/House/HB3168%20INT%20BILLSUM.PDF
BillText http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20INT/hB/HB3168%20INT.PDF
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