The Oklahoma Citizens Participation Act shall not apply to:
§ 1439.Actions Excluded
Chapter 24: Injunction · Last amended November 1, 2025 · Last verified August 3, 2026
In one sentenceSection 1439 exempts five categories of legal action from the Oklahoma Citizens Participation Act: state enforcement actions, actions against sellers or lessors arising from a commercial sale, bodily injury or wrongful death actions, insurance-code actions, and certain employment actions protecting trade secrets or enforcing non-compete or confidentiality agreements.
Full Text of § 1439
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
Amended by Laws 2025, c. 180,s. 1, eff. 11/1/2025. Amended without change by Laws 2024, c. 452, s. 3, eff. 6/14/2024. Amended by Laws 2022, c. 321, § 11, emerg. eff. 5/25/2022. Amended by Laws 2022, c. 190, § 15, emerg. eff. 5/3/2022. Added by Laws 2014, c. 107, § 10, eff. 11/1/2014.
Plain-English Summary
Not every lawsuit qualifies for the OCPA's fast-track dismissal, and this section lists what's carved out. It excludes enforcement actions the Attorney General or a district attorney brings in the state's name; actions against someone primarily in the business of selling or leasing goods or services, where the challenged statement or conduct arises from that sale or lease and the intended audience was an actual or potential buyer or customer; actions seeking recovery for bodily injury, wrongful death, or survival, or statements made about such an action; and actions brought under the Oklahoma Insurance Code or arising from an insurance contract.
The fifth exclusion covers certain workplace disputes: a civil action arising from an officer-director, employee-employer, or independent contractor relationship that seeks recovery for misappropriation of trade secrets or corporate opportunities, or that seeks to enforce a non-disparagement agreement, a covenant not to compete, a non-disclosure agreement, or a confidentiality agreement.
Frequently Asked Questions
Does the Oklahoma Citizens Participation Act apply to a state enforcement lawsuit?
No. Section 1439 excludes enforcement actions brought in the state's name by the Attorney General or a district attorney.
Can a business sued over an advertisement or sales pitch use this anti-SLAPP law?
No, if the lawsuit is against someone primarily in the business of selling or leasing goods or services and arises from that sale or lease directed at an actual or potential buyer or customer.
Does this act cover personal injury or wrongful death lawsuits?
No. It excludes actions seeking recovery for bodily injury, wrongful death, or survival, and statements made regarding such an action.
Can an employer use this act to dismiss a lawsuit enforcing a non-compete agreement against a former employee?
No. The act doesn't apply to actions from an officer-director, employee-employer, or independent contractor relationship that seek to enforce a covenant not to compete or similar agreement.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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