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.