Law / United States / 
Oklahoma
Fraudulent electronic mail messages
Okla. Stat. tit. 15, §§ 776.1 to 776.4
In force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
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.
If you get it wrong
Private right of actionYes
Penalty structure
This is the civil penalty stated for a violation of section 776.1 itself, separate from the private civil-action damages described in statutory_damages.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 500
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
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.
When LexLint raises it
When your app profile says your app sends automated outreach.