Oklahoma joins Florida in passing its own version of the
Telephone Consumer Protection Act (TCPA) called the "Telephone
Solicitation Act of 2022." The legislation is set to take
effect on Nov. 1, 2022.
The Telephone Solicitation Act (TSA) applies to telemarketing
calls using an "automated system for the selection or dialing
of telephone numbers or the playing of a recorded message when a
connection is completed to a number called." This definition
is different, and more broad, than the definition of an auto dialer
espoused by the United States Supreme Court in Facebook v.
Duguid, 141 S. Ct. 1163 (2021).
In Facebook, the Supreme Court held that, for equipment
to qualify as an automatic telephone dialing system and thereby be
subject to the TCPA, the equipment must have the capacity to either
store or produce numbers using a random or sequential number
generator. Oklahoma law applies to equipment that may not store or
produce numbers randomly or sequentially because
