Okla. Admin. Code § 75:10-1-9

Current through Vol. 42, No. 8, January 2, 2025

Section 75:10-1-9 - Fees and procedure for telemarketers to access the registry

Any telemarketer, as defined in 15 O.S. Supp. 2002, § 775B.2(5), desiring to make unsolicited telemarketing sales calls to consumers in Oklahoma may obtain access to the registry, subject to the limitations, requirements and fees set forth below:

(1) A telemarketer's access to the registry shall be limited to the names, telephone numbers, and dates of registration, of consumers included in the registry.

(2) A telemarketer must execute a written confidentiality agreement prepared by the Attorney General that restricts use of the registry to the sole purpose of complying with 15 O.S. Supp. 2002, §775B.6 as amended from time-to-time; prohibits transfer to a third party of the telemarketer's access to the registry; and prohibits transfer to a third party of any information compiled by the telemarketer through access to the registry.

(3) Fees for accessing the registry shall be $600.00 per year or $150.00 per quarter year. Such fees must be submitted to the Attorney General before a telemarketer is given access to the registry.

(4) A telemarketer must submit a fully completed Request for Registry Access Form to the Attorney General. Such forms will be prepared by the Attorney General and must be returned to the address printed on the form. The following information must be provided on the form:

(A) Name, address, and phone number of telemarketer;

(B) Name, address, and phone number of all affiliates and subsidiaries;

(C) Name, address, and phone number of all trade, assumed, or fictitious names used by the telemarketer;

(D) Name, address, and phone number of the person to be contacted by the Attorney General with any questions concerning the request or complaints;

(E) Name and address of service agent;

(F) Description of telemarketer's commercial purpose, including goods and services offered for sale by the telemarketer;

(G) Certification that the telemarketer will fully comply with the Telemarketer Restriction Act, 15 O.S. Supp. 2002 § 775 B.1 et seq.and the rules promulgated thereunder.

(H) Certification that the telemarketer has fully complied with all other applicable laws, including but not limited to, 15 O.S. Supp. 2002 § 775A.3, or if claiming an exemption under other applicable laws, a notarized affidavit explaining why the telemarketer is exempt. The Attorney General may investigate all claims for exemption pursuant to the Consumer Protection Act.

Okla. Admin. Code § 75:10-1-9

Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03