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15-752.


15-752.
   
   As used in the Oklahoma Consumer Protection Act:
   
   1. "Person" means a natural person, corporation, trust, partnership,
   incorporated or unincorporated association, or any other legal entity;
   
   2. "Consumer transaction" means the advertising, offering for sale or
   purchase, sale, purchase, or distribution of any services or any
   property, tangible or intangible, real, personal, or mixed, or any
   other article, commodity, or thing of value wherever located, for
   purposes that are personal, household, or business oriented;
   
   3. "Documentary material" means the original or a copy of any book,
   record, report, memorandum, paper, communication, tabulation, map,
   chart, photograph, mechanical transcription, or other tangible
   document or recording, wherever located;
   
   4. "Examination" when used in reference to documentary material
   includes the inspection, study, or copying of any such material, and
   the taking of testimony under oath, or acknowledgment in respect to
   any such documentary material or copy thereof;
   
   5. "Merchandise" includes any object, ware, good, commodity,
   intangible, real estate, or service;
   
   6. "Closing out sale" means any offer to sell, or actual sale, to the
   public of goods, wares, or merchandise on the implied or direct
   representation that the sale is in anticipation of the termination of
   a business at its present location, or that the sale is being held
   other than in the ordinary course of business. It also shall mean but
   shall not be limited to any sale held or advertised as a "closing out
   sale", "going out of business sale", "discontinuance of business
   sale", "quitting business sale", "sell out", "liquidation", "loss of
   lease sale", "must vacate sale", "forced out of business sale", "fire
   sale", "smoke and water damage sale", "adjustment sale", "creditor's
   sale", "bankrupt sale", "insolvent sale", "mortgage sale", or other
   like or similar title;
   
   7. "Advertisement" means any advertisement or announcement published
   in the news media including but not limited to the radio, television,
   newspapers, handbills, and mailers;
   
   8. "License" means the written authorization issued by the court clerk
   of the district court in any county in this state to any person to
   conduct a closing out sale;
   
   9. "Clerk" means the court clerk of the district court of any county
   of this state in which a person applying for a license intends to
   conduct a closing out sale;
   
   10. "Automatic dial announcing device" means automatic equipment that:
   
   a. stores telephone numbers to be called, or has a random or
   sequential number generator capable of producing numbers to be called,
   
   b. conveys a prerecorded or synthesized voice message to the number
   called, and
   
   c. is used for the purpose of offering any goods or services for sale
   or conveying information regarding such goods or services;
   
   11. "Deceptive trade practice" means a misrepresentation, omission or
   other practice that has deceived or could reasonably be expected to
   deceive or mislead a person to the detriment of that person. Such a
   practice may occur before, during or after a consumer transaction is
   entered into and may be written or oral;
   
   12. "Unfair trade practice" means any practice which offends
   established public policy or if the practice is immoral, unethical,
   oppressive, unscrupulous or substantially injurious to consumers; and
   
   13. "Cemetery" means any land or structure in this state dedicated to
   or used, or intended to be used, for the interment of human remains.
   

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