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15-753.


15-753.
   
   A person engages in a practice which is declared to be unlawful under
   the Oklahoma Consumer Protection Act, Section 751 et seq. of this
   title, when, in the course of the person's business, the person:
   
   1. Represents, knowingly or with reason to know, that the subject of a
   consumer transaction is of a particular make or brand, when it is of
   another;
   
   2. Makes a false or misleading representation, knowingly or with
   reason to know, as to the source, sponsorship, approval, or
   certification of the subject of a consumer transaction;
   
   3. Makes a false or misleading representation, knowingly or with
   reason to know, as to affiliation, connection, association with, or
   certification by another;
   
   4. Makes a false or misleading representation or designation,
   knowingly or with reason to know, of the geographic origin of the
   subject of a consumer transaction;
   
   5. Makes a false representation, knowingly or with reason to know, as
   to the characteristics, ingredients, uses, benefits, alterations, or
   quantities of the subject of a consumer transaction or a false
   representation as to the sponsorship, approval, status, affiliation or
   connection of a person therewith;
   
   6. Represents, knowingly or with reason to know, that the subject of a
   consumer transaction is original or new if the person knows that it is
   reconditioned, reclaimed, used, or secondhand;
   
   7. Represents, knowingly or with reason to know, that the subject of a
   consumer transaction is of a particular standard, style or model, if
   it is of another;
   
   8. Advertises, knowingly or with reason to know, the subject of a
   consumer transaction with intent not to sell it as advertised;
   
   9. Advertises, knowingly or with reason to know, the subject of a
   consumer transaction with intent not to supply reasonably expected
   public demand, unless the advertisement discloses a limitation of
   quantity;
   
   10. Advertises under the guise of obtaining sales personnel when in
   fact the purpose is to sell the subject of a consumer transaction to
   the sales personnel applicants;
   
   11. Makes false or misleading statements of fact, knowingly or with
   reason to know, concerning the price of the subject of a consumer
   transaction or the reason for, existence of, or amounts of price
   reduction;
   
   12. Employs "bait and switch" advertising, which consists of an offer
   to sell the subject of a consumer transaction which the seller does
   not intend to sell, which advertising is accompanied by one or more of
   the following practices:
   
   a. refusal to show the subject of a consumer transaction advertised,
   
   b. disparagement of the advertised subject of a consumer transaction
   or the terms of sale,
   
   c. requiring undisclosed tie-in sales or other undisclosed conditions
   to be met prior to selling the advertised subject of a consumer
   transaction,
   
   d. refusal to take orders for the subject of a consumer transaction
   advertised for delivery within a reasonable time,
   
   e. showing or demonstrating defective subject of a consumer
   transaction which the seller knows is unusable or impracticable for
   the purpose set forth in the advertisement,
   
   f. accepting a deposit for the subject of a consumer transaction and
   subsequently charging the buyer for a higher priced item, or
   
   g. willful failure to make deliveries of the subject of a consumer
   transaction within a reasonable time or to make a refund therefor upon
   the request of the purchaser;
   
   13. Conducts a closing out sale without having first obtained a
   license as required in this act, Section 751 et seq. of this title;
   
   14. Resumes the business for which the closing out sale was conducted
   within one (1) year from the expiration date of the closing out sale
   license;
   
   15. Falsely states, knowingly or with reason to know, that services,
   replacements or repairs are needed;
   
   16. Violates any provision of the Oklahoma Health Spa Act, Section
   2000 et seq. of Title 59 of the Oklahoma Statutes;
   
   17. Violates any provision of the Home Repair Fraud Act, Section 765.1
   et seq. of this title;
   
   18. Violates any provision of the Consumer Disclosure of Prizes and
   Gifts Act, Section 996.1 et seq. of Title 21 of the Oklahoma Statutes;
   
   19. Violates any provision of Section 755.1 of this title or Section
   1847a of Title 21 of the Oklahoma Statutes;
   
   20. Commits an unfair or deceptive trade practice as defined in
   Section 752 of this title;
   
   21. Violates any provision of Section 169.1 of Title 8 of the Oklahoma
   Statutes in fraudulently or intentionally failing or refusing to honor
   the contract to provide certain cemetery services specified in the
   contract entered into pursuant to the Perpetual Care Fund Act;
   
   22. Misrepresents a mail solicitation as an invoice or as a billing
   statement; or
   
   23. Offers to purchase a mineral or royalty interest through an offer
   that resembles an oil and gas lease and that the consumer believed was
   an oil and gas lease.
   

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