Oklahoma Telephone Solicitation Act takes effect Nov. 1

Signed into law as HB 3168 this past May, the Oklahoma Telephone Solicitation Act of 2022 (OTSA) took effect on Nov. 1. While this law had the potential to impact credit union operations, the Cornerstone Advocacy team worked hard to ensure credit unions were exempt from the Act. 

This law prohibits several actions by commercial callers to Oklahoma residents, including:

• Prohibiting a commercial caller from making or knowingly allowing an automated call or the playing of a pre-recorded message unless that caller has obtained prior express written consent of the called party,
• Prohibiting a commercial caller from masking Call ID details unless those details provide a number where the commercial caller may be reached during normal business hours, and
• Altering a caller’s voice to disguise or conceal the caller’s identity in order to defraud, confuse, or financially injure a called party or to obtain personal details to be used in a fraudulent or unlawful manner (often called social engineering). 

The law also imposes several logistical calling restrictions on commercial calls, including:

• Limiting commercial solicitations to no more than three calls in a 24-hour period on the same subject matter or issue, regardless of number,
• Restricting call times to between 8 a.m. and 8 p.m. in the time zone of the called party, and
• Prohibiting commercial callers from blocking Call ID details or using technology that deliberately displays a phone number meant to conceal the caller’s identity.

Callers with an Oklahoma area code are presumed to be Oklahoma residents for purposes of this law.

Victims may recover up to $500 per violation or up to $1,500 if that violation is considered willful or in knowing violation of the act.

The law permits several commercial exceptions, including those calls made by supervised financial institutions, such as federal and state credit unions, and “any affiliates operating under the scope of supervised activity.” Affiliates are considered persons who “directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a supervised financial institution.” This should mean most CUSOs, but credit unions should check with counsel to ensure coverage.

For any questions regarding this law, please contact Information Central at 512-853-8515 or email nbehncke@cornerstoneleague.coop.