Telemarketers Ask: What Is An Oklahoma Automated System?

On November 1, 2022, Oklahoma's Telephone Solicitation Act ("OTSA") took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state equivalents of the TCPA. The TCPA, or Telephone Consumer Protection Act, is a federal statute designed to protect consumer privacy by restricting certain types of telemarketing communications. Of particular concern for federal and state legislators is the use of automated telephone dialing systems to initiate telemarketing calls to consumers. Following the United States Supreme Court's decision in Facebook v. Duguid, however, telemarketers may now be more susceptible to Oklahoma automated system claims than they are to TCPA-specific automated telephone dialing system ("ATDS") claims.