Chapter 098

2003 -- H 5911 AS AMENDED

Enacted 07/03/03

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- TELEPHONE SALES

Introduced By: Representatives Kennedy, Fox, Lewiss, E Coderre, and Winfield

Date Introduced: February 12, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-61-3.5 of the General Laws in Chapter 5-61 entitled "Telephone

Sales Solicitation Act" is hereby amended to read as follows:

5-61-3.5. Do not call lists. -- (a) No salesperson or telephonic seller shall make or cause

to be made any unsolicited telephonic sales calls to any residential, mobile or telephonic paging

device telephone number unless the salesperson or telephonic seller has instituted procedures for

maintaining a list of persons who do not wish to receive telephonic sales calls made by or on

behalf of that person, in compliance with 47 CFR 64 or 16 CFR 310. Additionally, no person or

entity conducting business in this state shall transmit or cause to be transmitted a text message

advertisement to a cellular telephone or pager equipped with short message capability or any

similar capability allowing the transmission of text messages. A text message advertisement is a

message, the principal purpose of which is to promote the sale of goods or services to the

recipient, consisting of advertising material for the lease, sale, rental, gift, offer, or disposition of

realty, goods, services, or extension of credit.

(i) This act shall apply when a text message advertisement is transmitted to a telephone

number assigned for a cellular telephone or pager service to a Rhode Island resident.

(ii) This section shall not apply to text messages transmitted at the direction of a person

or entity offering cellular telephone or pager service if the subscriber is offered an option not to

receive those text messages.

(iii) This section shall not apply to text messages transmitted by a business that has an

existing relationship with the subscriber if the subscriber is offered an option not to receive text

messages from that business.

(iv) This section shall not apply to text messages transmitted by an affiliate of a business

that has an existing relationship with the subscriber, but only if the subscriber has provided

consent to the business with which he or she has the relationship to receive text messages from

affiliates of that business. "Affiliate" means any company that controls, is controlled by, or is

under the common control with, another company.

(v) This act shall not impose an obligation on a person or entity offering cellular or pager

service to control the transmission of a text message unless the message is transmitted at the

direction of that person or entity.

      (b) Any person who violates any provision of this section is guilty of a misdemeanor,

and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) per

violation.

     SECTION 2. This act shall take effect upon passage.

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LC02035

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