Oklahoma
Oklahoma Governor signs bill limiting use of automated dialing systems
On Could 20, Oklahoma Governor Kevin Stitt signed into legislation Home Invoice No. 3168 which imposes new limits on using automated dialing techniques. The brand new legislation, titled the “Phone Solicitation Act of 2022” (Act), takes impact on November 1, 2022.
The Act prohibits using an “automated system” to make a “industrial telephonic gross sales name” with out the “prior categorical written consent” of the “known as celebration.” Like Florida’s mini-version of the federal Phone Shopper Safety Act (TCPA) that grew to become efficient final July, the Act applies to industrial telephonic gross sales calls that contain “an automatic system for the choice or dialing of phone numbers or the taking part in of a recorded message when a connection is accomplished to a quantity known as.” Thus, the techniques that may qualify as an “automated system” for functions of the Act should not restricted to tools that will qualify as an automated phone dialing system (ATDS) beneath the TCPA. The TCPA defines an ATDS as “tools which has the capability (A) to retailer or produce phone numbers to be known as, utilizing a random or sequential quantity generator; and (B) to dial such numbers.” In Fb v. Duguid, the U.S. Supreme Courtroom held that automated dialing expertise solely qualifies as an ATDS if it has the capability to retailer numbers “utilizing a random or sequential quantity generator” or produce numbers “utilizing a random or sequential quantity generator.”
The Act defines the “known as celebration” as “an individual who’s the common person of the phone quantity that receives a industrial telephonic gross sales name.” In contrast to the Florida legislation which limits the time period “telephonic gross sales name” to calls associated to consumer-purpose transactions, the Act doesn’t outline the time period “industrial telephonic gross sales name.” Thus, except an exemption applies, the Act would cowl calls associated to non-consumer goal transactions. Among the many Act’s exemptions is one for calls involving a “business-to-business sale” the place:
- The industrial phone vendor has been lawfully working constantly for a minimum of three years beneath the identical enterprise identify and has a minimum of 50% of its greenback quantity consisting of repeat gross sales to present companies;
- The purchaser enterprise intends to resell or provide for functions of commercial or a promotional merchandise the property or items bought; or
- The purchaser enterprise intends to make use of the property or items bought in a recycling, reuse, remanufacturing, or manufacturing course of.
The Act’s different exemptions embody exemptions for:
- A supervised monetary establishment or its mum or dad, subsidiary, or affiliate working inside the scope of its supervised exercise. A “supervised monetary establishment” is outlined as a industrial financial institution, belief firm, financial savings and mortgage affiliation, client finance lender, industrial finance lender, or insurer that’s topic to supervision by a federal or state official or company;
- An individual soliciting enterprise from potential shoppers who’ve an present enterprise relationship with or who’ve beforehand bought from the enterprise enterprise for which the solicitor is looking if the solicitor is working beneath the identical enterprise enterprise; and
- An individual who has been working a retail enterprise institution for a minimum of one yr beneath the identical identify as that utilized in reference to telemarketing and the next circumstances happen on a seamless foundation: (a) both merchandise are displayed or supplied on the market or companies are supplied on the market and supplied on the enterprise institution, and (b) a majority of the vendor’s enterprise includes the customer acquiring such services or products on the vendor’s location.
The Act tracks the Florida legislation in numerous extra methods together with:
- Anybody who makes a industrial telephonic gross sales name should transmit the originating phone quantity and, when made obtainable by the phone solicitor’s service, the identify of the phone solicitor to any caller identification service utilized by a recipient of a industrial telephonic gross sales name. As a substitution for such identify and phone quantity, it’s permissible to offer the identify of the vendor on behalf of which a name is positioned and the vendor’s customer support phone quantity, which is answered throughout common enterprise hours. If a phone quantity is made obtainable by means of a caller identification service because of a industrial telephonic gross sales name, the solicitor should be sure that the phone quantity is able to receiving phone calls and should join the unique name recipient, upon calling such quantity, to the phone solicitor or to the vendor on behalf of which a name was positioned.
- A rebuttable presumption is created that any name made to a quantity with an Oklahoma space code is made to an Oklahoma residence or to an individual in Oklahoma on the time of the decision. (This may recommend that the legislation is simply meant to cowl calls to Oklahoma residents.)
- The prohibition on utilizing automated techniques isn’t restricted to calls to mobile telephones.
- To acquire a client’s “prior categorical written consent” to obtain calls made utilizing an automatic system, a caller should present a specified disclosure and fulfill different necessities.
- Calls are prohibited earlier than 8 a.m. or after 8 p.m. (within the known as individual’s time zone).
- Not more than three calls will be comprised of any quantity to an individual over a 24-hour interval on the identical material or difficulty.
- Calls are prohibited that use expertise that alters the caller’s voice to hide the caller’s true id.
The Act creates a non-public proper of motion for violations and a known as celebration can recuperate the larger of precise damages or $500, which will be trebled for willful or figuring out violations.
Oklahoma
Severe Thunderstorm Warnings Issued In SW Oklahoma
Temperatures stay hot this week, and this 4th of July looks hot into the afternoon. Showers and storms are also possible during the afternoon and evening on Thursday.
Severe storm warnings and watches in the state:
- Severe Thunderstorm Warning for Caddo and Grady County until 3:15pm.
What is the weather like on Thursday, July 4 in Oklahoma?
Happy Independence Day, Oklahoma! For many it will be a scorcher. Highs will be in the triple digits with heat index values from 105 to 115 degrees.
There is a chance of severe storms into the afternoon. These storms will likely develop along a strong cold front around 3:00 PM. The highest chance for the OKC Metro is from 3 PM – 7 PM.
Storms Thursday could produce large hail and winds up to 80 mph along with intense lightning.
By late this evening, storms will be weakening and pushing south. Folks south of I-40 may have to dodge a few storms for the fireworks displays.
What does the weather look like for the rest of the week?
Much cooler temps. arrive Friday and into the weekend. A great weather pattern for next week as the heat dome is out west leaving us in a cooler spot! We also see rain and storms off and on next week.
Follow our meteorologists!
Meteorologist David Payne
Meteorologist Lacey Swope
Meteorologist Jed Castles
Meteorologist Cassie Heiter
Meteorologist Justin Rudicel
Meteorologist Andrew Adams
Oklahoma
UFO ‘spotted’ in USA? Oklahoma Highway Patrol trooper takes selfie with unique vehicle
In a bizarre incident, Oklahoma Highway Patrol “spotted” a UFO on the road and pulled it over for a picture. Ryan Vanvleck, an officer, caught a UFO-shaped vehicle for an obstructed tag. He also took a picture of the unique-looking vehicle, which was later shared on Instagram by the official Instagram handle of Oklahoma Highway Patrol.
“It’s not every day you pull over a UFO. Trooper Ryan Vanvleck #722 pulled over this vehicle on the Turner Turnpike yesterday for an obstructed tag. They were on their way to a UFO festival in Roswell, New Mexico. Trooper Vanvleck let them go with a warning,” wrote Oklahoma Highway Patrol in the post. They also shared two pictures of the vehicle. (Also Read: ‘UFO or glitch in the matrix’: Unusual light source in sky leaves people with questions)
In one of the pictures, Trooper Ryan Vanvleck clicked a selfie with the UFO vehicle. The vehicle is silver in colour and has a circular glass ceiling through which one can see two women sitting inside it.
Take a look at the post here:
This post was shared on July 3. Since being shared, it has gained close to 5,000 likes. Many people also took to the comments section of the post and shared their reactions.
Here’s how people reacted:
An individual wrote, “very funny. I bet Trooper Vanvleck will tell this story to his grandchildren. Love it.”
Another Instagram user, Stephen, posted, “Listen. Sometimes you see something really cool and would like a closer look. The people know they’re attention grabbers. And in all my years, I’ve never seen one person upset that they got pulled over.” (Also Read: Harvard expert debunks alien, UFO sightings, says ‘they wouldn’t survive’)
“Outta this world! Super cool car!” commented a third.
Instagram user Brandon Sellers joked, “The agents from Area 51 are on the way as we speak.”
“Missouri State Police pulled them over yesterday or the day before for the same thing, I read the trooper recommended they not use the stingray option during this trip! He also issued a warning! Pretty neat car!” added a fifth.
Oklahoma
Sobriety checkpoints set along Oklahoma roads on Independence Day
ARDMORE, Oklahoma (KXII) – While fireworks, family and friends may be the focus of the Fourth of July — creating a plan to get home safe deserves just as much attention.
To help ensure everyone gets home safe, the Oklahoma Highway Patrol (OHP) will set up sobriety checkpoints along major roadways in Oklahoma on the Fourth of July.
“There are gonna be some checkpoints, I know in Mayes County and some of the other counties, law enforcement are planning to have sobriety checkpoints set up there,” OHP Trooper and Impaired Driving Liaison Mike Shanholtzer said.
These checkpoints are a part of the Oklahoma ENDUI program created by then-Governor Mary Fallin in 2013.
The ENDUI program utilizes community education, officer training, and increased patrols on the nights surrounding major holidays to reduce the number of accidents involving drivers under the influence of alcohol or drugs.
Shanholtzer said, if you’re planning to drink and head home, calling a sober friend or a rideshare service is a must.
“Have things lined up,” he said. “Don’t get a position where, ‘oh no, I’ve had a couple beers and I don’t feel like I should drive but I’m gonna try and make it home,’ that’s not what we want.”
However, Shanholtzer said no matter what your plans are, it’s important to pay extra attention while on the roads this weekend.
“Be more attentive, realize there’s going to be a lot of traffic, that we have people that are going to use drugs or alcohol, people that aren’t paying attention,” he said. “If you are hyper vigilant and paying attention, you may be able to avoid a crash even if it’s someone else’s actions that could have caused it.”
Copyright 2024 KXII. All rights reserved.
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