Oklahoma § 15-776.7 - Unsolicited commercial electronic messages – Civil

§ 15-776.7. Unsolicited commercial electronic messages – Civil

action – Damages, costs, attorney fees.

A. Any person whose property or person is injured by reason of

a violation of any provision of this act may recover any damages

sustained and the costs of suit. Without limiting the generality of

the term, “damages” shall include loss of profits.

B. If the injury arises from the transmission of unsolicited or

commercial electronic mail messages, the injured person, other than

an electronic mail service provider, may also recover attorneys’

fees and costs, and may elect, in lieu of actual damages, to recover

the lesser of Ten Dollars ($10.00) for each and every unsolicited

commercial electronic mail message transmitted in violation of this

act, or Twenty-five Thousand Dollars ($25,000.00) per day. The

injured person shall not have a cause of action against the

electronic mail service provider, which merely transmits the

unsolicited commercial electronic mail message over its computer

network.

C. If the injury arises from the transmission of unsolicited or

commercial electronic mail messages, an injured electronic mail

service provider may also recover attorneys’ fees and costs and may

elect, in lieu of actual damages, to recover the greater of Ten

Dollars ($10.00) for each and every unsolicited commercial

electronic mail message transmitted in violation of this act, or

Twenty-five Thousand Dollars ($25,000.00) per day.

D. All acts and practices declared to be unlawful in Section 2

of this act shall, in addition, be violations of the Oklahoma

Consumer Protection Act.

Oklahoma Statutes - Title 15. Contracts

E. At the request of any party to an action brought pursuant to

this section, the court may, in its discretion, conduct all legal

proceedings in such a way as to protect the secrecy and security of

the computer, computer network, computer data, computer program and

computer software involved in order to prevent possible recurrence

of the same or a similar act by another person and to protect any

trade secrets of any party.

F. An e-mail service provider does not violate this section and

the injured party shall not have a cause of action against an

electronic mail provider due to the fact that the electronic mail

provider:

1. Is an intermediary between the sender and recipient in the

transmission of an electronic mail message that violates this

section; or

2. Provides transmission of unsolicited commercial electronic

mail messages over the provider’s computer network or facilities, or

shall be liable for any action it voluntarily takes in good faith to

block the receipt or transmission through its service of any

electronic mail advertisements that it believes is, or will be sent,

in violation of this section.

Added by Laws 2003, c. 129, § 3, eff. Nov. 1, 2003. Amended by Laws

2003, c. 310, § 3, eff. Nov. 1, 2003.