Ask Reggi Your Question Now
Can I use social media to promote my business without violating advertising laws in Oklahoma? What are the requirements?
To promote your business on social media in Oklahoma, you must comply with the state’s advertising laws. The Oklahoma Business Opportunity Sales Act [2.1] requires that any person offering or selling a business opportunity must register the business opportunity under the provisions of the Act or be exempt under Section 803 of the Act [2.2]. Additionally, the Act prohibits sellers from making certain representations unless they have a minimum net worth of $50,000 [2.3].
It is unclear whether there are specific requirements for using social media to promote a business in Oklahoma outside of the context of business opportunities. However, it is important to ensure that any advertising or promotional activities comply with applicable state and federal laws and regulations.
Furthermore, the use of social media accounts by state officers or state agencies is regulated by the Oklahoma Ethics Commission [1.1]. No internet social media account maintained in the name of a state officer as a state officer or state agency may be used to solicit, receive or accept funds for a political party, a political action committee, a candidate, or a state question campaign. It also cannot be used to advocate the election or defeat of a clearly identified candidate for any elective office or a vote for or against a state question or any other question to be voted upon at an election. Furthermore, it cannot be converted to use by a political party, a political action committee, a candidate, or a state question campaign.
In addition, no political subdivision may establish, mandate, or otherwise require online marketplaces to collect or verify information from high-volume third-party sellers on a one-time or ongoing basis or disclose information to consumers [4.2].
There are no specific fees for using social media to promote a business in Oklahoma. However, the Oklahoma Business Opportunity Sales Act does have fees for registration, renewal, review of sales literature or advertising package, sales report filing, interpretive opinion or no-action request, and request for order of exemption [2.5].
Finally, it is important to note that telemarketing sales calls or messages to consumers on the registry are prohibited in Oklahoma [4.3].
In summary, to promote your business on social media in Oklahoma, you must comply with the state’s advertising laws, including the Oklahoma Business Opportunity Sales Act if applicable. Additionally, it is important to ensure compliance with applicable state and federal laws and regulations.
Source(s):
- [1.1] Use of Social Media Account by State Officer
- [2.1] Administration of Oklahoma Business Opportunity Sales Act
- [2.2] Registration Requirement for Sale of Offer of Business Opportunity
- [2.3] Seller Representations Prohibited - Exception
- [4.2] Prohibiting Political Subdivisions from Imposing Certain Requirements on Online Marketplaces
- [2.5] Oklahoma Business Opportunity Sales Act - Fees
- [4.3] Unsolicited Telemarketing Sales Call or Message to Consumers on Registry - Prohibition - Violations
Jurisdiction
Oklahoma