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OK SB371
Bill
Status
2/2/2015
Primary Sponsor
Clark Jolley
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AI Summary
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Creates new Section 751A requiring Oklahoma courts to interpret the Oklahoma Consumer Protection Act guided by Federal Trade Commission policies and Section 45(a)(1) of the Federal Trade Commission Act.
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Adds exemption to Section 754 excluding claims seeking damages for conduct resulting in bodily injury, death, or property damage from Consumer Protection Act coverage.
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Defines actual damages in Section 761.1 as consumer's out-of-pocket loss measured by difference between amount paid and actual market value of goods or services received.
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Requires consumers to prove reasonable reliance on the alleged deceptive practice and that damages were proximately caused by such practice to recover damages.
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Changes court authority regarding bad faith claims from mandatory ("shall") to discretionary ("may") when ordering nonprevailing parties to reimburse up to $10,000.00 in costs and attorney fees.
Legislative Description
Recovery of damages; modifying exemptions and liability under the Consumer Protection Act. Effective date.
Last Action
coauthored by Echols (principal House author)
2/3/2015