§76-40. Definitions.

189 words·~1 min read·/ok/title-76-torts/76-40

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in the Common Sense Consumption Act:

1. "Claim" means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or governmental officer, or private attorney; and

2. "Knowing and willful violation" means that:

a. the conduct constituting the violation was committed

with the intent to deceive or injure consumers or with

actual knowledge that such conduct was injurious to

consumers, and

b. the conduct constituting the violation was not

required by regulations, orders, rules or other

pronouncement of, or any statute administered by, a

federal, state, or local government agency. Added by Laws 2013, 1st Ex.Sess., c. 19, § 4, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 36, which was derived from Laws 2009, c. 228, § 45, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).