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OTSA Class Action Filed Against Office Depot

Sunrise over cliffs in front of a lake, Great Salt Plains State Park, Oklahoma

The Oklahoma Telephone Solicitation Act (OTSA) went into effect late last year and we are now beginning to see notable litigation resulting from it. Earlier this year, a class action was filed against Office Depot alleging violations of the OTSA’s dangerous autodialer restrictions.

Like the since-amended Florida Telephone Solicitation Act (FTSA), the OTSA functions as a mini-Telephone Consumer Protection Act (TCPA). It contains TCPA-like penalties, a private right of action, and extremely broad restrictions against the use of autodialers, without a precise autodialer definition like that contained in the post-Facebook TCPA. As a result, it can be used as the basis for lawsuits and class actions such as Brown v. Office Depot that stem from the sort of text message marketing that is generally allowed at the federal level.

This case was originally filed on May 24, 2023, and removed to federal court on July 12, 2023. We will continue to monitor this case as OTSA litigation could become an increasingly significant source of risk for callers.