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OK SB371

Bill

Status

Introduced

2/2/2015

Primary Sponsor

Clark Jolley

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • 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.

  • Adds exemption to Section 754 excluding claims seeking damages for conduct resulting in bodily injury, death, or property damage from Consumer Protection Act coverage.

  • 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.

  • Requires consumers to prove reasonable reliance on the alleged deceptive practice and that damages were proximately caused by such practice to recover damages.

  • 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

Committee Referrals

Judiciary2/3/2015

Full Bill Text

No bill text available