Civil procedure; Oklahoma Citizens Participation Act; excluding certain legal action; effective date.
HB1777 amends the Oklahoma Citizens Participation Act (OCPA), the state’s anti-SLAPP law, by narrowing the kinds of lawsuits to which it applies. The bill states that the OCPA will not apply to enforcement actions brought by the Attorney General or a district attorney on behalf of the state or a political subdivision, certain business-to-consumer disputes involving the sale or lease of goods, services, insurance products, or other commercial transactions, bodily injury and wrongful death claims, actions brought under the Oklahoma Insurance Code or arising from an insurance contract, and specified employment- or business-relationship disputes involving trade secrets, corporate opportunities, and restrictive covenants.
In practical terms, the bill removes these categories of cases from the special procedural protections and early-dismissal framework that the OCPA provides. That means plaintiffs in the excluded actions will not have to overcome the OCPA’s anti-SLAPP procedures, and defendants in those cases will not be able to invoke the act to seek dismissal or associated relief. The bill takes effect November 1, 2025, and will amend the existing statute at 12 O.S. Supp. 2024, Section 1439.
The overall sentiment reflected in the voting history was strongly favorable. The measure advanced unanimously out of the House Rules Committee, passed the House 83-5, cleared the Senate committee 7-0, and passed the Senate 43-3. The broad margins suggest bipartisan support and little organized opposition during floor consideration.
The main point of contention appears to be the policy choice to limit the reach of Oklahoma’s anti-SLAPP law. Supporters likely viewed the exclusions as clarifying that the OCPA should not be used in ordinary commercial, insurance, injury, or employment-related disputes, while opponents may have been concerned that narrowing the act reduces protections for speech- or petition-related conduct and weakens an important tool against retaliatory litigation. The final votes indicate that any objections were limited and did not prevent passage.
HB1777 narrows the scope of the Oklahoma Citizens Participation Act by adding several categories of excluded claims to 12 O.S. Supp. 2024, Section 1439. This changes how courts apply the state’s anti-SLAPP procedures and limits the statute’s availability in government enforcement actions, consumer and commercial disputes, bodily injury and wrongful death cases, insurance-related litigation, and certain employment/contract disputes involving trade secrets and restrictive covenants. The bill affects litigants, businesses, insurers, employers, employees, and state or local enforcement authorities by removing OCPA-based dismissal protections from those cases.
The bill appears to have enjoyed broad support throughout the legislative process. It received unanimous or near-unanimous committee approval and passed both chambers by wide margins, indicating a generally favorable sentiment and little visible resistance. The vote totals suggest lawmakers largely agreed with the bill’s effort to carve out specific disputes from the anti-SLAPP statute.
The central controversy is the narrowing of the Oklahoma Citizens Participation Act, which can be seen as a tradeoff between protecting access to courts in ordinary disputes and preserving anti-SLAPP protections for speech-related claims. Supporters likely favored excluding commercial, insurance, injury, and employment-related matters so the OCPA would not be used outside its intended purpose. Potential critics would be those concerned that the exclusions could reduce protections for defendants facing lawsuits tied to expression, petitioning, or public participation, especially where business or employment relationships overlap with speech issues.