Law / United States / 
Oklahoma
Unsolicited commercial electronic mail labeling and opt-out
Okla. Stat. tit. 15, §§ 776.5 to 776.7
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
- Disclosure, Prohibition
What it requires
- When sending a commercial electronic mail message, do not falsify the message's routing information or use a false or misleading subject line, and do not use a third party's internet address or domain name without that party's consent to make it appear the third party sent the message.no control in the NIST Privacy Framework
- The federal CAN-SPAM Act's preemption clause supersedes a state statute that expressly regulates commercial email except to the extent it prohibits falsity or deception, and the following duty is not framed as such a prohibition: when sending an unsolicited commercial electronic mail message to a recipient with whom you have no consent and no established business relationship, mark the first characters of its subject line "ADV:", or "ADV-ADULT:" for sexually explicit content, and give the recipient a free, working way to opt out of future messages; this does not reach a message you send only to your own members, employees, or contractors.NIST Privacy FrameworkCT.PO-P3
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. 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 , a violation of section 776.6 is a Class D1 felony offense: a person convicted is punished by imprisonment as provided in subsections B through F of Section 20N of Title 21.
Penalty structure
Section 776.7(D) makes the acts declared unlawful in section 776.6 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. A conviction under section 776.6(F) is a Class D1 felony, and the damages in a private civil action are separate.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Statutory damages
An injured recipient other than an email service provider may elect, in place of actual damages, the lesser of $10.00 per unsolicited commercial electronic mail message 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. 776.7(D) makes applicable; an injured person may also sue under 15 O.S. 776.7.
Settledness
- As of
- Open questions
- Does the federal CAN-SPAM Act's preemption clause, 15 U.S.C. § 7707(b), displace the 'ADV:' subject-line requirement in 15 O.S. § 776.6(C), which regulates how an unsolicited commercial message is labeled rather than prohibiting falsity or deception?
What this law does
Section 776.6 bars a person sending a commercial electronic mail message from falsifying its routing information, using a false or misleading subject line, or using a third party's internet domain name without consent.
For an unsolicited commercial electronic mail message, one sent without the recipient's consent and without an established business relationship, section 776.6 also requires the first characters of the subject line to read "ADV:", or "ADV-ADULT:" for sexually explicit content, and requires a free, working mechanism for the recipient to opt out of future messages. These labeling and opt-out duties do not reach a message an organization sends only to its own members, employees, or contractors.
A person injured by a violation may sue for damages, or elect the lesser of $10.00 per message or $25,000.00 per day (the greater, for an email service provider), with attorney's fees and costs; a violation is also a violation of the Oklahoma Consumer Protection Act.
The routing-falsification and false-subject-line duties are framed as rules against falsity or deception in a commercial electronic mail message, the kind of state email rule the federal CAN-SPAM Act's own preemption clause leaves in force. The "ADV:" and "ADV-ADULT:" labeling mandate and the opt-out mechanism duty instead expressly regulate the use of electronic mail to send a commercial message, the kind of state regulation that preemption clause displaces.
Since , a person who violates section 776.6 is, on conviction, guilty of a Class D1 felony offense punished by imprisonment as provided in subsections B through F of Section 20N of Title 21.
When LexLint raises it
When your app profile says your app sends commercial email.
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