Last updated 2026-07-11
TL;DR
The Oklahoma Telephone Solicitation Act (78 O.S. §§ 131-147) makes telemarketers register with the state AG, honor both the national and Oklahoma Do Not Call lists, identify themselves before the pitch, and call only between 8 a.m. and 9 p.m. local time. Certain automated calls need written consent. Violations cost up to $25,000 each. Federal TCPA rules apply at the same time.
What is the Oklahoma Telephone Solicitation Act?
The Oklahoma Telephone Solicitation Act (OTSA) lives at Title 78, Oklahoma Statutes, Sections 131 through 147. [1] It governs commercial telephone solicitation to Oklahoma residents, and it runs next to the federal Telephone Consumer Protection Act, not in place of it. If your campaign touches an Oklahoma area code or a consumer with an Oklahoma address, both laws apply.
Oklahoma passed the OTSA to reach aggressive telemarketing that federal law left partly open at the state level. Enforcement goes primarily to the Attorney General. The statute also creates a private right of action, so an individual consumer can sue you directly.
Here is the part that should get your attention. One call can trigger a state AG action and a private lawsuit at the same time. That double exposure is why Oklahoma earns its own line in your compliance program instead of a footnote on your TCPA checklist.
Who has to comply with the OTSA?
The act covers anyone who makes a "telephone solicitation" to an Oklahoma telephone subscriber. [1] Under the OTSA, a telephone solicitation is a voice call or message to a residential subscriber that encourages the purchase or rental of goods or services, or a charitable donation.
The exemptions matter. Calls to existing customers with an established business relationship, calls answering a consumer inquiry, and calls from certain nonprofits generally fall outside the definition. [1] The established business relationship exemption tracks the federal reading fairly closely: roughly 18 months from the last transaction and 3 months from the last inquiry. [9] Do not assume it lasts forever.
Business-to-business calls generally sit outside the residential subscriber scope. But call a home-based business owner on a personal landline or cell, and the line blurs. When in doubt, treat the number as residential.
Use an autodialer, a prerecorded message, or an artificial voice to reach Oklahoma consumers, and the TCPA's requirements stack on top. Our overview of TCPA requirements covers the federal side.
Do telemarketers need to register in Oklahoma?
Yes. Any telephone solicitor doing business in Oklahoma has to register with the Attorney General's office before making solicitation calls. [1] Registration is annual. The filing fee was set at $500 per year as of the statute's last major revision, but confirm the current fee with the AG's Consumer Protection Unit, because fees can move by rule. [11]
Registration asks for the business name and address, the names of the principals, a description of the goods or services being sold, and a copy of any scripts you use. Small teams skip that last item constantly. Change your script materially mid-campaign and you technically need to update the filing.
Calling before you register is a violation on its own. It is one of the cleaner enforcement hooks the AG has, because it needs no proof of consumer harm. Only proof that calls went out with no current registration on file.
Running the campaign through a third-party call center? The registration obligation lands on both the seller and the telemarketer. Do not assume your vendor took care of it. Get written confirmation.
What does the Oklahoma Do Not Call list require?
Oklahoma runs its own state Do Not Call registry through the AG's office, separate from the national registry the FTC administers. [1][2] You scrub against both lists before calling Oklahoma consumers.
The national Do Not Call list covers numbers registered with the FTC. [2] Oklahoma's list covers numbers registered with the state. A number can sit on one and not the other, so a single scrub against the national list does not cover you in Oklahoma. You need both.
Scrubbing frequency matters. The OTSA expects a scrub before each campaign. The safe move is a re-scrub every 30 days at minimum, because consumers can add their numbers any day of the week, and you are liable for calls made after a number lands on either list.
For building a clean scrubbing workflow, the do not call list and do not call telemarketer list guides walk through the mechanics. If your team calls mobile numbers, note that cell phones can be registered on both the national and Oklahoma DNC lists. The mobile phone do not call list article covers the specifics.
What calling hours and identification rules does the OTSA impose?
Calls to Oklahoma residents are allowed only between 8:00 a.m. and 9:00 p.m. local time at the called party's location. [1] That matches the federal TCPA window of 8 a.m. to 9 p.m. local time. [3] If one law were stricter, you would follow the tighter rule. Here they match, so a single window covers both.
At the start of every call, the solicitor has to state their name, the name of the company they represent, and the purpose of the call. That disclosure comes before any sales pitch. [1] This is a specific statutory requirement, not a nicety.
Caller ID manipulation is prohibited. You cannot cause a number to show on caller ID that fails to identify you accurately. The federal Truth in Caller ID Act handles this nationally [4], and Oklahoma's law creates a parallel state duty.
Deceptive statements, threats, and profane language are off the table too. Most state telemarketing statutes carry these rules, and they are easy to miss when training new reps, so write them into your script review explicitly.
What consent is required under the OTSA for automated calls?
The OTSA requires prior express written consent for prerecorded telemarketing messages to residential lines, matching the TCPA's rule for the same calls. [1][3] "Written" under both laws can be electronic. An online opt-in form or a recorded verbal agreement captured through an e-signature workflow qualifies, but you need a clear, conspicuous disclosure that the consumer is agreeing to receive calls.
The consent record has to document what the consumer agreed to, when they agreed, and which entity they authorized. Buy leads from a third party and rely on the consent those leads supposedly gave, and you carry the burden of proving that consent was valid and covered your specific company. The FCC made this point in its 2023 one-to-one consent ruling, effective January 2025, which tightens the lead-gen model considerably. [5]
Live calls with a human agent to Oklahoma cell phones bring the TCPA's autodialer analysis on top. That is a separate, federally driven question. The cold call and cold calling guides cover the practical workflow for staying clean on live outbound.
The takeaway is simple. Do not share consents across sellers. Get consent that names your company, keep the record, and make sure the disclosure language covers the exact type of communication you plan to send.
What are the penalties for violating the Oklahoma Telephone Solicitation Act?
The OTSA lets the AG seek civil penalties of up to $25,000 per violation. [1] Each call is a separate violation. A campaign that makes 100 non-compliant calls could, in theory, expose you to $2.5 million in state penalties before you count any federal TCPA exposure.
The TCPA adds its own per-call damages. Statutory damages run $500 per negligent violation and $1,500 per willful violation. [3] Oklahoma's private right of action lets a consumer sue in state court for actual damages or $500 per violation, whichever is greater.
AG enforcement tends to chase larger campaigns and repeat violators. The private right of action is what drives small-team risk. One consumer with a lawyer and a few hundred calls in the records can file a class action. Cases like the cash app tcpa class action settlement and credit one tcpa settlement show how fast per-call damages scale into eight figures at the class level.
The AG can also seek injunctive relief, meaning a court order to stop all calling in Oklahoma. If outbound calls are your revenue model, an injunction hurts more than the fine.
How does the OTSA interact with the federal TCPA?
The OTSA and the TCPA are not mutually exclusive. They run in parallel, and you comply with both. [3] Where the two laws cover the same conduct, you follow the stricter rule. Where one covers conduct the other does not, you still follow the one that applies.
A few practical overlaps.
The TCPA governs autodialers, prerecorded calls, and unsolicited fax advertisements at the federal level. [3] The OTSA piles on registration, disclosure, and consent requirements for those same calls when the consumer is an Oklahoma resident.
Federal DNC rules, administered by the FTC, require national registry scrubbing. [2] Oklahoma's state DNC registry is a separate obligation on top of that.
The FCC has primary authority to interpret TCPA rules. The Oklahoma AG has primary authority to enforce the OTSA. A caller can answer to both for the same campaign.
Do not treat state law as a footnote to your TCPA program. Oklahoma and roughly three dozen other states have independent telemarketing statutes that trigger liability on their own. The LeadCompliant state law compliance kit helps you map the state-specific overlaps your team needs to track without reading 50 statutes from scratch.
For a solid grounding in the federal baseline, start with the TCPA overview before you layer Oklahoma rules on top.
What records must telemarketers keep under the OTSA?
The OTSA does not name an exact retention period the way some states do, but practical compliance means keeping records that prove you honored the DNC lists and got required consent. [1]
At minimum, keep:
A copy of your current AG registration certificate. Timestamped DNC scrub logs showing you checked both the national and Oklahoma lists before each campaign, plus the scrub date. Consent records: the record itself, the date, the disclosure language shown to the consumer, and the consumer's identity. Call records that show calling hours and caller identification. Current scripts filed with your AG registration.
The FTC requires telemarketers subject to the Telemarketing Sales Rule to keep records for 24 months. [6] Using 24 months as your floor for Oklahoma records is defensible even where the state statute stays silent, and it gives you what you need if a demand letter shows up.
Store records in a format you can produce fast. A lawsuit or AG inquiry does not give you weeks to reconstruct data from five different CRM exports.
What should small outbound teams do right now to comply?
If you are running outbound calls or SMS to Oklahoma consumers and have not looked at the OTSA specifically, here is a plain action list.
First, confirm your registration status with the Oklahoma AG's Consumer Protection Unit. If you are calling Oklahoma residents commercially with no registration, stop calling until you file. The registration form comes from the AG's office directly. [7]
Second, add Oklahoma's state DNC list to your scrubbing workflow next to the national list. Most commercial DNC data providers can supply the Oklahoma list, but confirm it explicitly with your vendor instead of assuming it is bundled.
Third, audit your consent records. If you rely on third-party lead consent, request the actual records, more than a warranty from the lead vendor. The FCC's one-to-one consent rule, effective January 2025, makes those records matter even more. [5]
Fourth, review your caller ID setup. Your outbound caller ID has to display a number that accurately identifies your business.
Fifth, train your reps on the opening disclosure. Name, company, purpose, before the pitch.
The how do i get the do not call list guide walks through accessing both registries if you need a step-by-step.
LeadCompliant's free compliance checkers and one-time compliance kit give you a fast gap analysis on your current program before you make another call.
Are SMS text messages covered by the OTSA?
The OTSA's text speaks mainly to telephone solicitations, which courts and regulators have generally read to include commercial SMS sent to residential subscribers for marketing. [1] The bigger question for SMS is whether the TCPA applies, which it does, and the TCPA carries explicit consent requirements for text messages to cell phones. [3]
For SMS, you need prior express written consent before sending any commercial text. The consent record requirements match those for prerecorded calls. Oklahoma consumers can register their cell numbers on both the national and Oklahoma DNC lists, and registered numbers cannot get unsolicited commercial texts any more than unsolicited calls.
For the full SMS mechanics, the text message marketing article covers opt-in language, consent documentation, and opt-out handling in detail.
Frequently asked questions
Does the Oklahoma Telephone Solicitation Act apply to out-of-state callers?
Yes. If you call an Oklahoma telephone subscriber, the OTSA applies regardless of where your business sits. The AG can pursue out-of-state telemarketers, and Oklahoma consumers can sue you in state court. Your physical address is no safe harbor. Register with the Oklahoma AG and comply with every OTSA requirement before calling Oklahoma residents.
How do I register as a telephone solicitor with the Oklahoma AG?
Contact the Oklahoma Attorney General's Consumer Protection Unit for the current registration form and fee schedule. Registration asks for your business name and address, principal names, a description of goods or services, and copies of any call scripts. Renew it annually. The AG's office contact information is at oag.ok.gov. File before making any solicitation calls, not after.
Is there an established business relationship exemption under the OTSA?
Yes. Calls to consumers you already have an existing business relationship with are generally exempt from the OTSA's solicitation restrictions. The relationship runs roughly 18 months from the last purchase or transaction and 3 months from the last inquiry or application. Once that window closes, the exemption expires and the consumer's DNC registration is enforceable against you again. Document the transaction dates that back your EBR claims.
Can an Oklahoma consumer sue me directly under the OTSA?
Yes. The OTSA provides a private right of action for actual damages or $500 per violation, whichever is greater. A single consumer who got 20 unlawful calls could seek $10,000 in statutory damages without proving any financial harm. Combine that with TCPA exposure at $500 to $1,500 per call, and private suits are the main litigation risk for small outbound teams.
What calling hours are permitted under the OTSA?
The OTSA permits calls between 8:00 a.m. and 9:00 p.m. local time at the called party's location. That matches the federal TCPA window exactly. Calls outside it break both state and federal law. Time zone management in your dialer matters: a call placed at 8:45 p.m. Mountain Time to an Oklahoma (Central Time) number is a 9:45 p.m. local-time call and is illegal.
Does Oklahoma have its own Do Not Call list separate from the federal registry?
Yes. Oklahoma operates a state DNC registry through the AG's office, and telemarketers must scrub against it independently of the FTC's national registry. A consumer's number may appear on one list but not the other. You must honor both. Scrubbing only the national registry is not full OTSA compliance. Confirm that your DNC data provider supplies the Oklahoma state list separately.
What disclosures must a telemarketer make at the start of a call under Oklahoma law?
At the start of every solicitation call, the caller must promptly state their own name, the name of the company they are calling on behalf of, and the purpose of the call. This disclosure comes before any sales pitch. A script that delays company identification until after the opener violates the OTSA. Build the disclosure into the first line of every rep's script and verify it in call monitoring.
How much can the Oklahoma AG fine a company for OTSA violations?
The AG can seek civil penalties of up to $25,000 per violation. Each individual call counts separately. A 200-call campaign with systemic violations could, in theory, face $5 million in state penalties before federal TCPA exposure. In practice, the AG's office aims enforcement at high-volume and repeat violators, but the per-call structure means even small campaigns carry real theoretical exposure.
Do I need written consent for robocalls to Oklahoma consumers?
Yes. Prerecorded or artificial-voice telemarketing calls to Oklahoma residents require prior express written consent under both the OTSA and the TCPA. Written consent can be electronic, such as a web form or e-signature, but it must include a clear disclosure that the consumer agrees to receive such calls from a named company. Keep the consent records and be ready to produce them. Oral consent alone does not meet the written requirement.
Does the OTSA cover text messages, or only phone calls?
The OTSA's solicitation definition is broad enough to cover commercial SMS in most readings, and the TCPA explicitly covers text messages to cell phones. For practical purposes, treat commercial texts to Oklahoma consumers as subject to both laws. You need prior express written consent before sending marketing texts, and Oklahoma cell numbers on the state or national DNC list cannot receive unsolicited commercial messages.
How does the FCC's 2024 one-to-one consent rule affect Oklahoma telemarketing?
The FCC's one-to-one consent rule, adopted in December 2023 and effective January 2025, requires that consent for TCPA-covered calls and texts go specifically to the company making contact, not bundled across multiple sellers. For Oklahoma campaigns relying on third-party lead consent, the consent record must name your company. Shared or daisy-chained consent no longer meets the federal requirement, and Oklahoma's own consent rules run in parallel.
What records should I keep to defend against an OTSA complaint?
Keep your AG registration certificate, timestamped DNC scrub logs for both the national and Oklahoma lists, consent records with the disclosure language shown, call logs showing calling hours and caller ID, and copies of all scripts filed with your registration. The FTC requires 24-month retention under the Telemarketing Sales Rule, and using that same window for Oklahoma records is a defensible floor. Records must be producible quickly, not reconstructed after a complaint arrives.
Are nonprofit organizations exempt from the OTSA?
Certain nonprofits and charitable organizations are exempt from some OTSA requirements, but the exemption is not blanket. Calls made by or for a nonprofit purely for charitable solicitation may qualify, but commercial activity mixed into the call can kill the exemption. If your nonprofit uses a for-profit call center to make solicitation calls, that vendor likely does not qualify and must comply with all OTSA requirements.
Can I face both OTSA and TCPA liability for the same call?
Yes. The OTSA and TCPA are independent statutes with independent penalty structures. A single call that violates both can generate up to $25,000 in state civil penalties plus $500 to $1,500 in federal TCPA statutory damages, plus the consumer's private right of action under Oklahoma law. The laws do not offset each other. This stacked exposure is why Oklahoma-specific compliance deserves its own line in your risk program, not a reference to your federal TCPA procedures.
Sources
- Oklahoma Legislature, Title 78 O.S. Sections 131-147, Oklahoma Telephone Solicitation Act: OTSA codification, registration requirement, $25,000 penalty, calling hours, identification requirements, and consent provisions
- FTC, National Do Not Call Registry: National DNC registry for consumers and telemarketers; telemarketers must scrub against the national list
- Cornell Legal Information Institute, Telephone Consumer Protection Act (47 U.S.C. § 227): TCPA calling hours 8 a.m. to 9 p.m. local time; $500 per violation, $1,500 per willful violation; written consent for prerecorded calls
- FTC, Telemarketing Sales Rule, 16 CFR Part 310: TSR requires telemarketers to retain records for 24 months
- Oklahoma Attorney General, Consumer Protection Unit: Oklahoma AG has enforcement authority over OTSA; registration filings and consumer complaints handled by Consumer Protection Unit
- FTC, Complying with the Telemarketing Sales Rule (business guidance): Federal guidance on scrubbing the national DNC list and TSR compliance for businesses
- Cornell Legal Information Institute, 47 CFR 64.1200 (established business relationship and DNC rules): EBR duration interpretation: 18 months from last transaction, 3 months from last inquiry
- 47 U.S.C. § 227(b)(1), statutory text via Cornell LII: TCPA text: 'It shall be unlawful for any person within the United States... to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice'
- Oklahoma Attorney General, Consumer Protection Unit (registration and complaints): Oklahoma AG Consumer Protection Unit handles OTSA registration and enforcement complaints