Commercial and fraudulent electronic mail laws
OK Anti-Spam Law
Marketing · Communications
Prohibits falsified routing information, misleading subject lines, and phishing-style fraudulent email, and requires unsolicited commercial email to be labeled 'ADV:' ('ADV-ADULT:' for sexually explicit content) and to offer a free opt-out that senders must honor. Violations are felonies and give recipients and email providers a damages claim.
- Where
- Oklahoma
- Citation
- 15 O.S. §§ 776.1-776.7
- Status
- In force
- In force since
- 1999-07-01
- Last amended
- 2026-01-01
- Enforced by
- Private civil actions by injured persons and email service providers; district attorneys (criminal); Attorney General under the Consumer Protection Act
- People can sue
- Yes
- Penalties
- Violations are Class D1 felonies; fraudulent email also carries a civil penalty up to $500. Injured recipients may recover actual damages or elect the lesser of $10 per message or $25,000 per day; email service providers may elect the greater of those amounts; plus attorney fees and costs.
- Applies to
- Senders of commercial or unsolicited commercial email and fraudulent email to or through Oklahoma recipients or email service providers
- Sellers and distributors of software designed to falsify email routing information
What a privacy notice must say
- Begin the subject line of unsolicited commercial email with 'ADV:' and of unsolicited sexually explicit commercial email with 'ADV-ADULT:'.15 O.S. § 776.6(C)-(D)
Rights it gives people
- Provide a free, easy opt-out mechanism in unsolicited commercial email and remove recipients who ask by return email.15 O.S. § 776.6(E)
Practices it requires
- Do not send email that misrepresents or omits point-of-origin or routing information, falsely claims to come from a legitimate online business, or solicits identifying information under false pretenses.15 O.S. § 776.1(A)
- Commercial email must not falsify transmission or routing information, use a misleading subject line, or use a third party's domain without consent.15 O.S. § 776.6(A)-(B)
Sources
- Official text
- Oklahoma Statutes Title 15 (complete title PDF, Oklahoma Legislature, compiled Dec. 2025), §§ 776.1-776.7
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Federal CAN-SPAM (15 U.S.C. § 7707(b)) preempts state commercial email rules except those prohibiting falsity or deception; the 'ADV:' labeling and opt-out requirements may be preempted. Not verified by any Oklahoma court decision.
Research reference, not legal advice.