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OK SB1226

Bill

Status

Introduced

2/1/2016

Primary Sponsor

Clark Jolley

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Courts must interpret the Oklahoma Consumer Protection Act using Federal Trade Commission policies and federal court interpretations of Section 45(a)(1) of the Federal Trade Commission Act

  • Adds new exemption excluding claims for bodily injury, death, or property damage from the Consumer Protection Act's coverage

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

  • Defines actual damages as "out-of-pocket loss" measured by the difference between the amount paid and the actual market value of what was received

  • Changes court authority from mandatory ("shall") to discretionary ("may") when awarding up to $10,000 in costs and attorney fees against nonprevailing parties who asserted bad faith claims

Legislative Description

Recovery of damages; Consumer Protection Act; determining certain damages. Effective date.

Last Action

coauthored by Echols (principal House author)

2/4/2016

Committee Referrals

Judiciary2/2/2016

Full Bill Text

No bill text available