Rhode Island Electronic Mail Fraud Regulatory Act
R.I. Gen. Laws § 6-49-1, et seq.
R.I. Gen. Laws § 6-47-2
Rhode Island General Laws
Title 6 - Commercial Law – General Regulatory Provisions
Chapter 49 Electronic Mail Fraud
§ 6-49-1. Short title.
§ 6-49-2. Legislative findings.
§ 6-49-3. Definitions.
§ 6-49-4. Prohibited activity.
§ 6-49-5. Damages.
§ 6-49-6. Severability.
§ 6-49-1. Short title.
This chapter shall be known and may be cited as the "Electronic Mail Fraud Regulatory Act."
History of Section.
P.L. 2006, ch. 628, § 1.
§ 6-49-2. Legislative findings.
It is hereby found and declared as follows:
Consumers are bombarded with electronic communications, often times in a fraudulent attempt to solicit personal and private information. In the interest of protecting the citizens of Rhode Island, it is imperative that the general assembly establish safeguards against such practices. Notwithstanding any provision of the general or public law, rule, or regulation, the general assembly shall establish regulations pertaining to the prevention of electronic mail fraud.
History of Section.
P.L. 2006, ch. 628, § 1; P.L. 2014, ch. 528, § 36.
§ 6-49-3. Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
(1) "Assist the transmission" means actions taken by a person to provide substantial assistance or support that enables any person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message or a commercial electronic text message when the person providing the assistance knows that the initiator of the commercial electronic mail message or the commercial electronic text message is engaged, or intends to engage, in any practice that violates the consumer protection act.
(2) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real property, goods, or services for sale or lease. It does not mean an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account when the sender has agreed to such an arrangement.
(3) "Commercial electronic text message" means an electronic text message sent to promote real property, goods, or services for sale or lease.
(4) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
(5) "Electronic mail message" means an electronic message sent to an electronic mail address and a reference to an internet domain, whether or not displayed, to which an electronic mail message can be sent or delivered.
(6) "Electronic text message" means a text message sent to a cellular telephone or pager equipped with short message service or any similar capability, whether the message is initiated as a short message service message or as an electronic mail message.
(7) "Initiate the transmission" refers to the action by the original sender of an electronic mail message or an electronic text message, not to the action by any intervening, interactive computer service or wireless network that may handle or retransmit the message, unless such intervening, interactive computer service assists in the transmission of an electronic mail message when it knows that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act.
(8) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including, specifically, a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(9) "Internet" means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected worldwide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols, to such protocol, to communicate information of all kinds by wire or radio.
(10) "Internet domain name" refers to globally unique, hierarchical reference to an internet host or service, assigned through centralized, internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
(11) "Person" means a person, corporation, partnership, or association.
(12) "Personally identifying information" means an individual's: (i) social security number; (ii) driver's license number; (iii) bank account number; (iv) credit or debit card number; (v) personal identification number; (vi) automated or electronic signature; (vii) unique biometric data; (viii) account passwords; or (ix) any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services.
(13) "Web page" means a location, with respect to the world wide web, that has a single, uniform, resource locator, or other single location with respect to the internet.
History of Section.
P.L. 2006, ch. 628, § 1; P.L. 2014, ch. 528, § 36.
§ 6-49-4. Prohibited activity.
No person may solicit, request, or take any action to induce another person to provide personally identifying information by means of a web page, electronic mail message, or otherwise using the internet in a manner as previously defined in § 6-49-3 by representing oneself, either directly or by implication, to be a business or individual without the authority or approval of such business or individual. No person may conspire with another person to engage in any act that violates the provisions of this chapter.
History of Section.
P.L. 2006, ch. 628, § 1; P.L. 2014, ch. 528, § 36.
§ 6-49-5. Damages.
(a) Damages to a consumer resulting from the practices prohibited by this chapter are up to five hundred dollars ($500) per violation, or actual damages, whichever is greater.
(b) A person engaged in the business of providing internet access service to the public; an owner of a web page; or trademark owner adversely affected by reason of a violation of this chapter, may bring an action against a person who violates this chapter to:
(1) Enjoin further violations of this chapter; and
(2) Recover the greater of actual damages or five thousand dollars ($5,000) per violation of this chapter.
(c) The court may increase the damages up to three (3) times the damages allowed by this section if the defendant has engaged in a pattern and practice of violating this chapter. The court may award costs and reasonable attorneys' fees to a prevailing party.
History of Section.
P.L. 2006, ch. 628, § 1; P.L. 2014, ch. 528, § 36.
§ 6-49-6. Severability.
If any of the provisions of this chapter, or the application of any provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of the provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
History of Section.
P.L. 2006, ch. 628, § 1.
Electronic Mail Fraud Regulatory Act (Rhode Island General Laws Sec. 6-49-1 through 6-49-6, added by Laws of 2006, Chapter 628, enacted without Governor's signature, effective July 14, 2006.)
R.I. Gen. Laws § 6-47-2
Rhode Island General Laws
Title 6 - Commercial Law – General Regulatory Provisions
Chapter 47 Internet Access and Advertising by Facsimile
§ 6-47-2. Unsolicited electronic mail.
§ 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 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.
For more information, see here: http://webserver.rilegislature.gov//Statutes/TITLE6/6-49/INDEX.htm
AND
http://webserver.rilegislature.gov//Statutes/TITLE6/6-47/6-47-2.htm
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