Posted by Chris Alarie on Fri, 11/04/2022 - 12:18
We recently hosted a webinar breaking down the Oklahoma Telephone Solicitation Act of 2022 (OTSA). The webinar was hosted by CCC’s Director of Compliance Services, Arvell Craig, with our guest, Aaron C. Tifft from Hall Estill, offering his expertise.
The webinar covered topics such as:
- The context in which the law was drafted relative to the Supreme Court’s decision on Facebook v. Duguid and Florida’s nearly identical law from 2021
- The way these state level laws are designed to give litigators and plaintiffs ways to pursue autodialer claims following SCOTUS’s narrowed definition of automatic telephone dialing system (ATDS) under the federal Telephone Consumer Protection Act (TCPA)
- The specific language of the OTSA’s autodialer restrictions, including examining the key definitions and the implications of the important terms that are left undefined in the law
- The law’s other provisions regarding caller ID information, altering the caller’s voice for the purposes of defrauding the call recipient, and time and call frequency restrictions
- The implications of the lack of a definition for “commercial telephonic sales call”
- Parsing other essential ambiguities in the text of the law
- The law’s numerous and complex exemptions
- The OTSA’s TCPA-like penalties and enforcement method
- Similarities to and differences from the federal TCPA and the Florida Telephonic Sales Act (FTSA)
- Potential interactions with other Oklahoma statutes
The enactment of the OTSA makes clear that these sorts of state-level mini-TCPA’s are the new, dangerous trend in marketing regulations. Understanding how to comply with and navigate this law is essential for anybody who may call Oklahoma residents. Aaron very helpfully broke down this complex law into very practical terms, including answering questions from participants.
To watch the replay of the webinar and view the slide deck, click here.