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.
On Tuesday, the Oklahoma City Council passed a series of new agreements related to its $900 million new arena project, and the future home of the Oklahoma City Thunder.
Mayor David Holt celebrated a 115-page arena use license agreement, or lease, as the principal accomplishment. Council also passed a food and beverage agreement and a preferential rights agreement for the site of the current Paycom Center.
Under the preferential rights agreement, the Thunder would have first rights to redevelop the site after the new arena for up to five years after the new arena opens. There is no limitation for what the Thunder can build on the site, although a spokesperson confirmed demolition would be part of its plans.
“We’re excited at the opportunity to purchase and develop the current arena site,” the spokesperson said. “It will enable the Thunder to provide the vision for a sustainable and vibrant concept to enhance the area and seamlessly complement the new Paycom Center.”
Another developer could make an offer to the city, although the Thunder would be granted a chance to match.
Separately, the City Council voted down a facilities management agreement. Opposed council members cited a lack of assurances about employment for those working at the new arena, including the absence of a labor peace agreement previously endorsed by the council in 2023.
Oklahoma opens the 2025 season against an NCAA Division I FCS opponent.
The Sooners host Illinois State of the Missouri Valley Conference on Saturday, Aug. 30. The Redbirds went 10-4 a year ago and went two rounds deep in the FCS playoffs.
Here’s what to know about the Redbirds:
Illinois State went 4-3 in its first seven games before ending the regular season on a five-game winning streak to reach the FCS playoffs. The Redbirds beat Southeastern Missouri State in the first round before falling to No. 5 UC Davis in the second round.
Their only game against an FBS opponent came in Week 1, when Illinois State fell 40-0.
QB Tommy Rittenhouse (Sr.), RB Wenkers Wright (Sr.), WR Daniel Sobkowicz (Sr.), LB Tye Niekamp (Jr.).
TE Caleb Schmitz (Cincinnati), S Christian LeBrun (UMass), WR Kaevion Mack (Western Michigan), DL Christian Lorenzo (Georgia State), DB Shadwel Nkuba II (Louisiana), OL Jack McGarry (Missouri), OL Logan Brasfield (Coastal Carolina).
Illinois State’s biggest strength is offensive experience: The Redbirds return their leading passer, rusher and receiver from the 2024 season this year.
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As a junior, Rittenhouse completed 66.4% of passes for 2,840 yards, 17 touchdowns and seven interceptions. He also ran for 480 yards and eight touchdowns.
Wright, Illinois State’s leading tailback, went for 1,120 yards and 11 touchdowns a year ago, averaging 5.1 yards per carry. And Sobkowicz caught 80 passes for 1,108 yards and nine touchdowns.
Illinois State was an FCS playoff team in 2024, and with so much returning offensive talent, it’s likely that the Redbirds return to the playoffs this year.
While Illinois State had the Missouri Valley’s fourth-best scoring defense (24.9 points allowed per game) in 2024, the Redbirds struggled mightily to defend pass plays.
The Redbirds finished 10th out of 11 teams in the conference, allowing 266.3 passing yards per contest. That mark was No. 115 of 123 teams that compete at the FCS level.
Illinois State also lost a handful of its most productive defensive players — linebacker LaVoise-Deontay McCoy (graduation), defensive back Keondre Jackson (graduation), defensive lineman Jalan Gaines (graduation) and defensive lineman Steven Curtis (transferred to Minnesota) — during the offseason.
Illinois State isn’t a bad team by any means. The Redbirds were among the FCS’ best a year ago, and with so much returning talent, they should maintain that status in 2025.
But the season opener shouldn’t be particularly difficult for the Sooners.
Illinois State’s pass defense struggled mightily in 2024. With new offensive coordinator Ben Arbuckle and quarterback John Mateer, the Sooners’ offense will likely be very pass-heavy. The season opener will be an opportunity for that duo to show what they bring to the program.
The Redbirds’ offense is proven at the FCS level, but Oklahoma’s defense should overpower them with sheer athleticism and size. Though it will be interesting to see the defense’s performance without Danny Stutsman, Ethan Downs, Billy Bowman Jr. and Woodi Washington.
It’s possible that the Redbirds can keep things close in the first half, but the Sooners’ advantages across the depth chart should allow them to win comfortably and start the season 1-0.
The Oklahoma Sooners are one of the more popular teams in the nation to see an improvement from their 6-7 record in 2024. Though the opponents are the same, and Oklahoma has one of the five toughest schedules in college football, experts are high on what Brent Venables has done this offseason.
Though there’s optimism the Sooners will rebound from their disappointing season in 2024, the Sooners still have a lot to prove. USA TODAY Sports Blake Toppemeyer believes Oklahoma could be one of the sleeper teams to contend for the national title. The odds are long at +6600, according to BetMGM, but the changes they’ve made could reap huge rewards.
Oklahoma’s roster looks substantially better on the heels of a losing season that sparked Brent Venables to bring in quarterback John Mateer from Washington State. Mateer’s offensive coordinator, Ben Arbuckle, followed the quarterback to Norman to run Oklahoma’s offense. Win-win. Another win: Landing standout running back Jadyn Ott, a California transfer. Oklahoma returned a lot of production, and it surely can’t be as injury plagued as last season. That leaves the manhole, though, of arguably the nation’s most daunting schedule, which could swallow even an improved Sooners team. – Toppemeyer, USA TODAY Sports
For years, Oklahoma had some of the best offenses in college football but were held back by their defense. Last year, it was the other way around. If Oklahoma wants to contend in the SEC and secure a College Football Playoff berth, everything has to come together this year. The defense must be as good or better than it was last year, and the offense must return to what is expected at Oklahoma. And as important as all of that, the Sooners need some good fortune on the injury front.
Brent Venables, Ben Arbuckle, and Jim Nagy made significant additions on both sides of the ball to give the Sooners a boost. But it’s the offensive improvement that drives the optimism with Oklahoma. If John Mateer, an improved offensive line, and Jaydn Ott can find a rhythm early in the season, the Sooners will be tough to beat and a surprise contender in 2025.
Contact/Follow us @SoonersWire on X, and like our page on Facebook to follow ongoing coverage of Oklahoma news, notes, and opinions. You can also follow John on X @john9williams.
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