In a recent decision in the case of Omega World Travel, Inc. v. Mummagraphics, Inc.,  the Fourth Circuit federal court upheld a district court decision finding that the federal CAN-SPAM act preempted Oklahoma's anti-spam statute.    The CAN-SPAM Act  preempts state laws regulating commercial email unless the state law focuses on deception or falsity.   The Mummagraphics court found that the Oklahoma statute was broad enough to encompass immaterial inaccuracies in email information and thus impermissibility exceed the scope of the deception or falsity exception.    This runs counter to a 2005 decision which found that the CAN-SPAM act did not preempt Washington's anti-spam statute.  The Washington and Oklahoma statutes were similar in wording and scope.

The court also found for the defendant on an issue of a CAN-SPAM act violation.  The plaintiff claimed that the emails were materially misleading because the header originated from one-server (FL-broadcast.net) but the from line was cruisedeals@cruise.com.  The court was not persuaded by this argument because there were numerous methods available to contact the sender and the use of an e-mail domain such as "cruise.com" is a common advertising technique.