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Oklahoma Deceptive Trade Practices Laws

Most of the advertising seen on a daily basis is working to convince us we need a given product or service, which may seem like a form of deception. But legally speaking, "deceptive trade practices" go well beyond simple suggestion and are illegal under federal and state laws. Such illegal practices include tampering with a used car's odometer or using bait-and-switch advertising tactics. In addition to protecting consumers and keeping businesses in check, these laws also help to maintain a certain level of consumer confidence.

Overview of Oklahoma Deceptive Trade Practice Law

The Oklahoma Consumer Protection Act adopts model legislation known as the Uniform Deceptive Trade Practices Act. In addition to a provision making it illegal for retailers to print a customer's entire credit card number on the receipt, the Act identifies the following as deceptive or unfair business practices (not a complete list):

  • Making false representation of the origin or brand of a given product or service
  • Making misleading statements about a product's ingredients or quantity
  • Selling something used or damaged as new or undamaged
  • False advertising
  • Advertising a product without supplying a reasonable demand (unless advertisement states that supplies are limited)
  • Use of "bait and switch" advertising, in which the seller doesn't intend to sell the advertised product
  • Misrepresenting a mailed advertisement or promotion as an invoice

More details of Oklahoma's deceptive trade practices statute can be found in the following chart. See FindLaw's Consumer Transactions section for related articles.

Uniform Deceptive Trade Practices Act Adopted Yes (Tit. 15 §§751 to 765) Oklahoma Consumer Protection Act
False Advertising Forbidden Yes (Tit. 15 §753)
Who May Bring Suit Attorney general; district attorney (Tit. 15 §756.1); consumer (Tit. 15 §761.1)
Remedies Available Declaratory judgment, enjoin, restrain, actual damages, revoke license, grant other appropriate relief (Tit. 15 §756.1); violator liable to aggrieved consumer for actual damages and litigation costs, including attorney's fees, civil penalty: up to $10,000 per violation of injunction, if violation is unconscionable, penalty of up to $2,000 per violation (Tit. 15 §761.1)
Auto Odometer Tampering Forbidden Yes (47 §12-503); misdemeanor fine not more than $10,000 or imprisonment for not more than 1 year or both fine and imprisonment (47 §12-506)

Note: State laws are never completely settled and are subject to change at any time, most often through the enactment of new legislation or decisions by higher courts. You may want to contact an Oklahoma consumer protection attorney or conduct your own legal research to verify the state law(s) you are researching.

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