TITLE 6

Commercial Law – General Regulatory Provisions

CHAPTER 6-47

Internet Access and Advertising by Facsimile

SECTION 6-47-2



   § 6-47-2  Unsolicited electronic mail.

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(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

recipient.



   (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

requirements:



   (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.)