Law / United States / 
Oklahoma
Fraudulent electronic mail messages
Okla. Stat. tit. 15, §§ 776.1 to 776.4
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: http://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdfIn force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Prohibition
What it requires
- Do not initiate an electronic mail message that you know or have reason to know misrepresents or omits information identifying its point of origin or transmission path, falsely claims to be sent by a legitimate online business, or links the recipient to a web page falsely represented as associated with a legitimate online business, to obtain identifying information the recipient believes is being given for a legitimate purpose.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Since , an electronic mail message declared unlawful by section 776.1(A) is deemed a Class D1 felony offense punishable by imprisonment as provided in subsections B through F of Section 20N of Title 21.
Penalty structure
Section 776.1(B) states a civil penalty of up to $500.00 for a violation of the section itself. Section 776.1(C) also makes the acts unlawful under subsections A and E violations of the Oklahoma Consumer Protection Act, whose civil penalty for the Attorney General or a district attorney is up to $10,000.00 per violation, the higher ceiling, which this row carries. Both are separate from the damages in a private civil action.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Statutory damages
For a fraudulent bulk electronic mail message, an injured recipient other than an email service provider may elect, in place of actual damages, the lesser of $10.00 per message transmitted in violation or $25,000.00 per day; an injured email service provider may instead elect the greater of the same two figures. Both may also recover attorney's fees and costs.
- As of
- Currency
- USD
Who enforces it
Enforcement body
Oklahoma Attorney General or a district attorney, for civil penalties under the Oklahoma Consumer Protection Act, which 15 O.S. 776.1(C) makes applicable; an injured person may also sue under 15 O.S. 776.2.
Settledness
- As of
- Open questions
- Does the federal CAN-SPAM Act's preemption clause, 15 U.S.C. § 7707(b), leave in force the prohibition in 15 O.S. § 776.1(A)(2) on a message that 'does not contain information identifying the point of origin or the transmission path', which bars an omission rather than a falsehood?
What this law does
It is unlawful for a person to initiate an electronic mail message that the sender knows or has reason to know misrepresents or omits its point of origin or transmission path, falsely claims to come from a legitimate online business, or links the recipient to a spoofed business web page to induce the fraudulent disclosure of identifying information; a violator faces a civil penalty of up to $500.00, and the act is also a violation of the Oklahoma Consumer Protection Act.
A person injured by a violation may sue for damages, including lost profits, and, for a fraudulent bulk electronic mail message, an injured recipient other than an email service provider may elect the lesser of $10.00 per message or $25,000.00 per day in place of actual damages, while an injured email service provider may elect the greater of the same two figures, each with attorney's fees and costs.
This prohibition is framed as a rule against falsity or deception in an electronic mail message, whether or not the message is commercial, the kind of state email rule the federal CAN-SPAM Act's own preemption clause leaves in force. Since , an electronic mail message declared unlawful by subsection A is deemed a Class D1 felony offense punishable by imprisonment as provided in subsections B through F of Section 20N of Title 21.
Subsection E makes selling, giving, distributing, or possessing with intent to distribute software designed or marketed to falsify electronic mail routing information a Class D1 felony offense.
When LexLint raises it
When your app profile says your app sends commercial email.
Back to the example · Lint your app
Page updated .