Understanding Oklahoma's mini-TCPA

You will learn 

Learn about key details of Oklahoma’s “mini-TCPA” and its potential impact on your SMS marketing efforts. 

Effective November 1, 2022, the state of Oklahoma enacted a new law that is essentially a stricter version of the federal Telephone Consumer Protection Act (TCPA). Oklahoma's new law, Bill No. 3168, puts tighter boundaries on who you can send SMS messaging to and when, as well as how many messages a recipient can receive in a certain timeframe. 

Key changes 

Oklahoma’s mini-TCPA introduces several important distinctions from the requirements of the federal TCPA. The following sections provide an overview of the key differences between the 2 laws. 

Longer quiet hours: 8 p.m. to 8 a.m.

The statute allows calling or texting only between the hours of 8 a.m. and 8 p.m. in the recipient’s time zone (shortened from 8 a.m. to 9 p.m. in the federal TCPA). 

Limiting texts to 3 attempts within a 24-hour period 

The law limits marketers to 3 attempts to contact a recipient (via call or text) within a 24-hour period. This applies even if a business calls or texts the recipient from different numbers. 

Broadening the definition of an autodialer

Oklahoma’s mini-TCPA, defines an autodialer as: “An automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called.” 

This is broader than the federal TCPA’s definition, which says that autodialers only include devices that use a sequential or random number generator.

Forbidding automated calls and texts to unconsented recipients

The mini-TCPA forbids the use of automated technology or pre-recorded responses to place calls or send text messages unless the recipient has provided prior consent or falls under one of several exceptions.

Forbidding the hiding of the caller or sender

The statute prohibits marketers from intentionally hiding their identity or number. 

There has been an increase in claims that all sending numbers should be callable. Thus, if your number can't receive calls, consider forwarding calls to another number. 

Exceptions to the Oklahoma mini-TCPA

Several exceptions to the Oklahoma mini-TCPA are mentioned within the law. Please ensure that you consult with your legal counsel to understand if you or your SMS messages fall under an exception.

Who the Oklahoma mini-TCPA covers

The law presumes that any calls or texts made to an Oklahoma area code are to either:

• An Oklahoma resident
• Someone in Oklahoma at the time

Both groups are covered under this legislation, which may increase the pool of potential plaintiffs. 

Similar to TCPA, Oklahoma's mini-TCPA gives aggrieved parties a private right to action. A plaintiff who wins their case may: 

• Obtain an injunction against the other party
• Recover their actual money damages or $500 (or $1,500 for willful violations), whichever is higher, plus attorney fees and costs

Best practices for Klaviyo SMS

While we recommend that you consult an attorney to ensure that your text messaging program complies with the Oklahoma mini-TCPA, other SMS laws and regulations, and carrier requirements, there are some general guidelines and best practices you can follow: 

Best practices: 

• Always get express consent, using clear and conspicuous disclosure language anywhere you collect SMS consent. 
• Leave quiet hours for flows on for any non-transactional flow.  
• Do not send before 8 a.m. or after 8 p.m. (in the recipient’s local time) for any campaign.
• Use Smart Sending to limit how many SMS messages a subscriber can receive within 24 hours.
• Add a call forwarding number for your toll-free number. 
• Follow other SMS best practices. 

Additional resources

• Set up a call forwarding number for your US toll-free number 
• See other SMS compliance basics
• Create disclosure language to use anywhere you gather SMS consent