Rule Text
The Oklahoma Citizens Participation Act shall not apply to:
1. An enforcement action that is brought in the name of this state or a political subdivision of this state by the Attorney General or a district attorney;
2. A legal action brought against a person primarily engaged in the business of selling or leasing goods or services, if the statement or conduct the action is based upon arises out of the sale or lease of goods, services, or an insurance product, insurance services, or a commercial transaction in which the intended audience is an actual or potential buyer or customer;
3. A legal action seeking recovery for bodily injury, wrongful death or survival or to statements made regarding that legal action;
4. A legal action brought under the Oklahoma Insurance Code or arising out of an insurance contract; or
5. A civil action arising from an officer-director, employee- employer, or independent contractor relationship that:
a. seeks recovery for misappropriation of trade secrets or corporate opportunities, or
b. seeks to enforce a non-disparagement agreement, covenant not to compete, non-disclosure agreement, or confidentiality agreement.
Amendment history: Added by Laws 2014, c. 107, § 10, eff. Nov. 1, 2014. Amended by Laws 2022, c. 321, § 11, emerg. eff. May 25, 2022; Laws 2025, c. 180, § 1, eff. Nov. 1, 2025. NOTE: Laws 2022, c. 190, § 15 repealed by Laws 2024, c. 452, § 3, emerg. eff. June 14, 2024.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
This rule lists the situations where the Oklahoma Citizens Participation Act does not apply. That Act normally lets people fight back quickly against lawsuits that are trying to punish them for speaking out on public issues. But there are certain kinds of cases where this protection does not kick in.
The Act does not protect government enforcement cases. If the Attorney General or a district attorney sues someone on behalf of the state or a local government, this rule does not help the person being sued. It also does not apply to lawsuits against businesses when the case is about something the business said or did while selling or leasing goods, services, or insurance to customers.
The Act also stays out of personal injury and death cases. If someone is suing over a physical injury, a wrongful death, or a survival claim, or over statements made in connection with that kind of case, this rule does not apply. The same goes for cases involving insurance law or insurance contracts.
Finally, this rule does not cover workplace-related disputes. If a company sues a current or former officer, director, employee, or independent contractor over stolen trade secrets or business opportunities, or to enforce a non-compete, non-disclosure, confidentiality, or non-disparagement agreement, the protections in the Act do not apply. In all these situations, the person being sued cannot use this law to get the case thrown out early.
