Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 729 By: Frix
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Consumer Protection
7 Act; amending 15 O.S. 2021, Section 753, as amended
8 by Section 1, Chapter 368, O.S.L. 2023 (15 O.S. Supp.
8 2024, Section 753), which relates to unlawful
9 practices; adding actions prohibited as unlawful
9 practices; defining term; and providing an effective
10 date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 15 O.S. 2021, Section 753, as
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15 amended by Section 1, Chapter 368, O.S.L. 2023 (15 O.S. Supp. 2024,
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16 Section 753), is amended to read as follows:
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17 Section 753. A person engages in a practice which is declared
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18 to be unlawful under the Oklahoma Consumer Protection Act when, in
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19 the course of the person's business, the person:
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20 1. Represents, knowingly or with reason to know, that the
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21 subject of a consumer transaction is of a particular make or brand,
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22 when it is of another;
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1 2. Makes a false or misleading representation, knowingly or
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2 with reason to know, as to the source, sponsorship, approval, or
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3 certification of the subject of a consumer transaction;
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4 3. Makes a false or misleading representation, knowingly or
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5 with reason to know, as to affiliation, connection, association
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6 with, or certification by another;
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7 4. Makes a false or misleading representation or designation,
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8 knowingly or with reason to know, of the geographic origin of the
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9 subject of a consumer transaction;
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10 5. Makes a false representation, knowingly or with reason to
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11 know, as to the characteristics, ingredients, uses, benefits,
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12 alterations, or quantities of the subject of a consumer transaction
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13 or a false representation as to the sponsorship, approval, status,
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14 affiliation or connection of a person therewith;
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15 6. Knowingly or with reason to know, makes a false or
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16 misleading representation or gives the false or misleading
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17 impression of being affiliated with a state agency or an affiliate
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18 of a state agency through advertisement or publication;
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19 7. Represents, knowingly or with reason to know, that the
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20 subject of a consumer transaction is original or new if the person
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21 knows that it is reconditioned, reclaimed, used, or secondhand;
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22 8. Represents, knowingly or with reason to know, that the
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23 subject of a consumer transaction is of a particular standard, style
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24 or model, if it is of another;
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1 9. Advertises, knowingly or with reason to know, the subject of
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2 a consumer transaction with intent not to sell it as advertised;
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3 10. Advertises, knowingly or with reason to know, the subject
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4 of a consumer transaction with intent not to supply reasonably
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5 expected public demand, unless the advertisement discloses a
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6 limitation of quantity;
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7 11. Advertises under the guise of obtaining sales personnel
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8 when in fact the purpose is to sell the subject of a consumer
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9 transaction to the sales personnel applicants;
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10 12. Makes false or misleading statements of fact, knowingly or
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11 with reason to know, concerning the price of the subject of a
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12 consumer transaction or the reason for, existence of, or amounts of
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13 price reduction;
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14 13. Employs "bait and switch" advertising, which consists of an
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15 offer to sell the subject of a consumer transaction which the seller
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16 does not intend to sell, which advertising is accompanied by one or
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17 more of the following practices:
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18 a. refusal to show the subject of a consumer transaction
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19 advertised,
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20 b. disparagement of the advertised subject of a consumer
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21 transaction or the terms of sale,
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22 c. requiring undisclosed tie-in sales or other
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23 undisclosed conditions to be met prior to selling the
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24 advertised subject of a consumer transaction,
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1 d. refusal to take orders for the subject of a consumer
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2 transaction advertised for delivery within a
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3 reasonable time,
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4 e. showing or demonstrating defective subject of a
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5 consumer transaction which the seller knows is
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6 unusable or impracticable for the purpose set forth in
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7 the advertisement,
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8 f. accepting a deposit for the subject of a consumer
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9 transaction and subsequently charging the buyer for a
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10 higher priced item, or
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11 g. willful failure to make deliveries of the subject of a
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12 consumer transaction within a reasonable time or to
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13 make a refund therefor upon the request of the
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14 purchaser;
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15 14. Conducts a closing out sale without having first obtained a
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16 license as required in the Oklahoma Consumer Protection Act;
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17 15. Resumes the business for which the closing out sale was
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18 conducted within thirty-six (36) months from the expiration date of
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19 the closing out sale license;
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20 16. Falsely states, knowingly or with reason to know, that
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21 services, replacements or repairs are needed;
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22 17. Violates any provision of the Oklahoma Health Spa Act;
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23 18. Violates any provision of the Home Repair Fraud Act;
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1 19. Violates any provision of the Consumer Disclosure of Prizes
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2 and Gifts Act;
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3 20. Violates any provision of Section 755.1 of this title or
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4 Section 1847a of Title 21 of the Oklahoma Statutes;
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5 21. Commits an unfair or deceptive trade practice as defined in
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6 Section 752 of this title;
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7 22. Violates any provision of Section 169.1 of Title 8 of the
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8 Oklahoma Statutes in fraudulently or intentionally failing or
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9 refusing to honor the contract to provide certain cemetery services
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10 specified in the contract entered into pursuant to the Perpetual
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11 Care Fund Act;
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12 23. Misrepresents a mail solicitation as an invoice or as a
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13 billing statement;
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14 24. Offers to purchase a mineral or royalty interest through an
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15 offer that resembles an oil and gas lease and that the consumer
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16 believed was an oil and gas lease;
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17 25. Refuses to honor gift certificates, warranties, or any
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18 other merchandise offered by a person in a consumer transaction
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19 executed prior to the closing of the business of the person without
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20 providing a purchaser a means of redeeming such merchandise or
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21 ensuring the warranties offered will be honored by another person;
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22 26. Knowingly causes a charge to be made by any billing method
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23 to a consumer for services which the person knows was not authorized
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24 in advance by the consumer;
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1 27. Knowingly causes a charge to be made by any billing method
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2 to a consumer for a product or products which the person knows was
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3 not authorized in advance by the consumer;
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4 28. Violates Section 752A of this title;
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5 29. Makes deceptive use of another's name in notification or
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6 solicitation, as defined in Section 752 of this title;
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7 30. Falsely states or implies that any person, product or
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8 service is recommended or endorsed by a named third person;
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9 31. Falsely states that information about the consumer,
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10 including but not limited to, the name, address or phone number of
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11 the consumer has been provided by a third person, whether that
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12 person is named or unnamed;
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13 32. Acting as a debt collector, contacts a debtor and threatens
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14 to file a suit against the debtor over a debt barred by the statute
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15 of limitations which has passed for filing suit for such debt; or
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16 33. Acting as a debt collector, contacts a debtor and uses
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17 obscene or profane language to collect a debt; or
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18 34. Owns, operates, maintains, or advertises a massage therapy
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19 establishment that:
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20 a. employs massage therapists as defined by Section
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21 4200.2 of Title 59 of the Oklahoma Statutes who are
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22 not appropriately licensed or are not in compliance
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23 with the applicable licensing requirements of the
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24 Massage Therapy Practice Act,
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1 b. employs persons who violate the provisions of Section
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2 4200.13 of Title 59 of the Oklahoma Statutes, or
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3 c. is not in compliance with any applicable provisions of
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4 the Massage Therapy Practice Act or any local
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5 ordinance or municipal code relating to the licensing
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6 or regulation of massage therapy establishments.
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7 For purposes of this paragraph, "massage therapy establishment"
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8 means a place of business where a licensed massage therapist
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9 provides massage therapy services to clients in exchange for
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10 payment. Massage therapy establishment does not include the home of
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11 a client.
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12 SECTION 2. This act shall become effective November 1, 2025.
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14 60-1-297 TEK 1/19/2025 5:42:08 AM
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Req. No. 297 Page 7Every fact on this page links to its source, starting with the official bill record.