SECTION 75:10-1-11. Reporting violations and assessment of fines

(a)   Any consumer may report a violation of the Telemarketer Restriction Act by submitting a fully completed complaint form to the Attorney General. Such complaints may be submitted online or in writing on a form prepared by the Attorney General. Written complaint forms must be returned to the address printed on the form.

(b)   Consumers will be asked for the following information on the complaint form:

(1)   Full name of complaining consumer;

(2)   Address of complaining consumer;

(3)   Telephone number telemarketer called;

(4)   Name and/or telephone number of the telemarketer;

(5)   Any information gathered by the consumer during the call concerning the telemarketer or the telemarketer's commercial purpose;

(6)   A statement giving consent to the consumer's local exchange carrier to produce all records relating to the call to the Attorney General; and

(7)   Any other information the Attorney General deems necessary to fully investigate the complaint.

(c)   Upon receipt of a fully completed and properly submitted complaint, the Attorney General shall conduct an appropriate inquiry to determine if a violation has occurred. If the Attorney General determines that a violation has occurred, the Attorney General may, at his discretion, proceed with an enforcement action in district court, or assess an administrative fine.

(d)   The schedule of administrative fines is as follows:

(1)   1^st and 2^nd violations: not to exceed $1,000.00 per violation;

(2)   3^rd and 4^th violations: not to exceed $2,000.00 per violation;

(3)   5^th and 6^th violations: not to exceed $4,000.00 per violation;

(4)   7^th and 8^th violations: not to exceed $6,000.00 per violation;

(5)   9^th and 10^th violations: not to exceed $8,000.00 per violation;

(6)   All subsequent violations: not to exceed $10,000.00 per violation.

(e)   Any telemarketer who refuses to pay an assessed fine may be assessed additional costs and reasonable attorney fees related to the collection of the fine.

[Source: Added at 19 Ok Reg 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff 6-1-03]