Oklahoma has adopted the Uniform Deceptive Trade Practices Act (“Act”) and the provisions of the Act are incorporated into the Oklahoma Consumer Protection Act (“CPA”). The CPA is stated in Oklahoma Statutes, Title 15, Chapter 20.
Section 753 prohibits false advertising. Under Section 756.1, the Attorney General or a district attorney can bring an action upon knowing about a violation. Under Section 761.1 a private action can be brought by an aggrieved consumer.
Remedies available under Sections 756.1 and 761.1 are:
- Declaratory judgment,
- revocation of license,
- actual damages and litigation costs,
- attorney fees,
- civil penalty up to $10,000 per violation of injunction, if violation is unconscionable,
- penalty up to $2,000 per violation of the CPA, and
- other appropriate relief.
Under Section 12-503 of the Motor Vehicles Code, tampering an odometer to misrepresent the number of miles in the meter is forbidden, and a violation is a misdemeanor. Under Section 12-506, liability for odometer tampering is a fine of not more than $10,000, or one year imprisonment or both.
15 Okl. St. § 753 reads in part:
”§ 753. Unlawful practices
A person engages in a practice which is declared to be unlawful under the Oklahoma Consumer Protection Act, Section 751 et seq. of this title, when, in the course of the person’s business, the person:
1. Represents, knowingly or with reason to know, that the subject of a consumer transaction is of a particular make or brand, when it is of another;
2. Makes a false or misleading representation, knowingly or with reason to know, as to the source, sponsorship, approval, or certification of the subject of a consumer transaction;
3. Makes a false or misleading representation, knowingly or with reason to know, as to affiliation, connection, association with, or certification by another;
4. Makes a false or misleading representation or designation, knowingly or with reason to know, of the geographic origin of the subject of a consumer transaction;
5. Makes a false representation, knowingly or with reason to know, as to the characteristics, ingredients, uses, benefits, alterations, or quantities of the subject of a consumer transaction or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith;
6. Represents, knowingly or with reason to know, that the subject of a consumer transaction is original or new if the person knows that it is reconditioned, reclaimed, used, or secondhand;
7. Represents, knowingly or with reason to know, that the subject of a consumer transaction is of a particular standard, style or model, if it is of another;
8. Advertises, knowingly or with reason to know, the subject of a consumer transaction with intent not to sell it as advertised;”
15 Okl. St. § 761.1 reads in part:
§ 761.1. Liability under Consumer Protection Act
A. The commission of any act or practice declared to be a violation of the Consumer Protection Act shall render the violator liable to the aggrieved consumer for the payment of actual damages sustained by the customer and costs of litigation including reasonable attorney’s fees, and the aggrieved consumer shall have a private right of action for damages, including but not limited to, costs and attorney’s fees. In any private action for damages for a violation of the Consumer Protection Act the court shall, subsequent to adjudication on the merits and upon motion of the prevailing party, determine whether a claim or defense asserted in the action by a nonprevailing party was asserted in bad faith, was not well grounded in fact, or was unwarranted by existing law or a good faith argument for the extension, modification, or reversal of existing law. Upon so finding, the court shall enter a judgment ordering such nonprevailing party to reimburse the prevailing party an amount not to exceed Ten Thousand Dollars ($ 10,000.00) for reasonable costs, including attorney’s fees, incurred with respect to such claim or defense.”