§ 15-1023. Actions permitted.

A.  If the conditions set out in subsection C of this section are established, then any action which is brought against a defendant shall:

1.  Be brought only as an individual action and not as a class action;

2.  Be deemed to be based solely and exclusively in contract to the exclusion of all other causes of action; and

3.  If brought, not afford recovery for punitive damages.

B.  A defendant shall not be liable for any damages arising from a computer date failure of any other party.

C.  The conditions, referred to in subsection A of this section, shall be as follows:

1.  The plaintiff has not suffered any personal injury, other than emotional harm, as a result of the computer date failure;

2.  The damages which are the basis of the action are not the result of pollution of the environment.  As used in this paragraph, “pollution” and “environment” shall be defined as provided in Section 2-1-102 of Title 27A of the Oklahoma Statutes;

3.  The defendant has made reasonable efforts to protect against damages from a computer date failure;

4.  The defendant has conducted reasonable testing of its computer systems, programs or software, which it uses to provide services.  The defendant is not required to test the computer system, program or software of any third party; and

5.  The defendant has prepared a contingency plan, that will provide for alternative methods of carrying out the services which it provides to its clients and customers.

D.  No officer, employee or member of the board of directors of any defendant shall be held personally liable for any damages resulting from a computer date failure; however, this immunity shall not extend to intentional misconduct or grossly negligent acts or omissions personal to any such officer, employee or director.

Added by Laws 1999, c. 302, § 3, eff. July 1, 1999.