Commercial Law General Regulatory Provisions
Internet Access and Advertising by Facsimile
§ 6-47-2 Unsolicited electronic mail.
(a) No person or entity may initiate the transmission of a commercial
electronic mail message from a computer located in Rhode Island or to an
electronic mail address that the sender knows, or has reason to know, is held
by a Rhode Island resident unless that person or entity establishes a toll-free
telephone number or valid sender operated return e-mail address that the
recipient of the unsolicited documents may call or e-mail to notify the sender
not to e-mail any further unsolicited documents.
(b) All unsolicited commercial electronic messages subject to
this section shall include a statement informing the recipient of the toll-free
telephone number that the recipient may call, or a valid return address to
which the recipient may write or e-mail, as the case may be, notifying the
sender not to e-mail the recipient any further unsolicited commercial
electronic mail messages to the e-mail address or addresses specified by the
(c) Upon notification by a recipient of his or her request
not to receive any further unsolicited commercial electronic mail messages, no
person or entity subject to subsection (a) shall e-mail, or cause to be
e-mailed, any unsolicited documents to that recipient.
(d) No person or entity may initiate the transmission of a
commercial electronic mail message from a computer located in Rhode Island or
to an electronic mail address that the sender knows, or has reason to know, is
held by a Rhode Island resident, that fraudulently uses a third-party's
internet domain name without permission of the third party, or otherwise
fraudulently misrepresents any information in identifying the point of origin
or the transmission path of a commercial electronic mail message.
(e) As used in this section, "commercial electronic messages"
means any e-mailed document or documents consisting of commercial advertising
material, the principal purpose of which is to promote the for-profit sale or
lease of goods or services to the recipient and that meet both of the following
(1) The documents are addressed to a recipient with whom the
initiator does not have an existing business or personal relationship.
(2) The documents are not sent at the request of, or with the
express consent of, the recipient.
(f) As used in this section, "e-mail" or "caused to be
e-mailed" does not include or refer to the transmission of any documents by a
telecommunications utility or internet service provider to the extent that the
telecommunications utility or internet service provider merely carries that
transmission over its network.
(g) For purposes of this section, a person or entity has
reason to know that the intended recipient of a commercial electronic mail
message is a Rhode Island resident if the recipient has requested of the sender
not to receive any further unsolicited commercial electronic messages.
(h) Any person or entity who or that violates the provisions
of this chapter shall be liable for damages to the recipient of an unsolicited
commercial electronic mail message in the amount of one hundred dollars ($100)
for each such violation. In addition, the recipient may recover reasonable
attorney's fees and costs.
History of Section.
(P.L. 1999, ch. 479, § 1; P.L. 2014, ch. 528, § 34.)