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§15-755.1.
§15-755.1.
A. The connection of an automatic dial announcing device to a
telephone line is subject to the provisions of the Oklahoma Consumer
Protection Act.
B. No person shall operate an automatic dial announcing device except
in accordance with the provisions of the Oklahoma Consumer Protection
Act. The use of such device by any person, either individually or
acting as an officer, agent, or employee of a person or corporation
operating automatic dial announcing devices, is subject to the
provisions of the Oklahoma Consumer Protection Act.
C. A person shall not use an automatic dial announcing device except
as provided by this section. An automatic dial announcing device shall
be used only when:
1. The device disconnects from the called person's line not later than
twenty (20) seconds after the called person hangs up; and
2. For calls terminating in this state, the device is not used to make
a call:
a. before 9 a.m. or after 9 p.m., or
b. at any hour that collection calls would be prohibited under the
federal Fair Debt Collection Practices Act, 15 U.S.C., Section
1692(c), when the device is used for collection purposes; and
3. One of the following occur:
a. the calls are made or messages given solely in response to calls
initiated by the person to whom the automatic calls or recorded
messages are directed or who has made a written request to be called,
b. the calls made concern goods or services that have been previously
ordered or purchased,
c. the calls are made by creditors or their assignees, or
d. the calls are initiated by a live operator who gives the caller the
option to disconnect prior to the playing of a prerecorded or
synthesized voice message.
D. An automatic dial announcing device shall not be used for random
number dialing or to dial numbers determined by successively
increasing or decreasing integers.
E. A telephone company in this state may, but shall not be required to
disconnect or refuse to connect service to a person using or intending
to use an automatic dial announcing device if the telephone company
determines that the device is not capable of disconnecting from a
called party's line as required by this section or that the device
would cause or is causing network harm.
F. The telephone company shall give notice to the person using the
device of its intent to disconnect service not less than three (3)
days prior to the date of the disconnection, except that if the device
is causing network congestion or blockage, the notice may be given the
day before the date of disconnection.
G. The telephone company shall disconnect service to the person on a
determination by a court or the Oklahoma Corporation Commission that
the person is violating the provisions of this section, and may
reconnect service to the person only on a determination by the court
or the Oklahoma Corporation Commission that the person will comply
with this section. Any notice of such an order shall be served on a
telephone company in the same manner as is required for service of
process, unless the company is already a party to the proceeding in
which the order is created.
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