Rhode Island Internet Misrepresentation of Business Affiliation Act
R.I. Gen. Laws § 11-52.1-1, et seq.
Rhode Island General Laws
Title 11 – Criminal Offenses
Chapter 52.1 Internet Misrepresentation of Business Affiliation Act
§ 11-52.1-1. Short title.
§ 11-52.1-2. Definitions.
§ 11-52.1-3. Prohibition.
§ 11-52.1-4. Penalties.
§ 11-52.1-5. Civil action.
§ 11-52.1-1. Short title.
This chapter shall be known and may be cited as the “Internet Misrepresentation of Business Affiliation Act.”
History of Section.
P.L. 2006, ch. 558, § 1.
§ 11-52.1-2. Definitions.
The following definitions apply to this section:
(1) “Electronic mail message” means a message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, and to which an electronic mail message can be sent or delivered.
(2) “Identifying information” means a piece of information that can be used to access an individual’s financial account or to obtain goods or services, and includes an individual’s:
(a) Social security number;
(b) Driver’s license number;
(c) Bank account number;
(d) Credit or debit card number;
(e) Personal identification number;
(f) Automated or electronic signature;
(g) Unique biometric data; or
(h) Account password.
(3) “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 or Internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
(4) “Person” shall include any individual, partnership, association, corporation, limited liability company, joint venture or any other type of entity.
(5) “Web page” means allocation with respect to the worldwide web that has a single uniform resource locator or other single location with respect to the Internet.
History of Section.
P.L. 2006, ch. 558, § 1.
§ 11-52.1-3. Prohibition.
A person shall not, by means of a webpage or electronic mail message or otherwise, using the Internet, solicit, request or take any action to induce another person to provide identifying information by representing that the person, either directly or by implication, is an online business without the express authority or approval of the online business purported to be represented by the person.
History of Section.
P.L. 2006, ch. 558, § 1.
§ 11-52.1-4. Penalties.
Any person who is convicted of a violation of this chapter shall, upon conviction, be guilty of a felony punishable by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000) per offense, or both.
History of Section.
P.L. 2006, ch. 558, § 1.
§ 11-52.1-5. Civil action.
(a) The attorney general, or any person who either is engaged in the business of providing Internet access service to the public or owns a webpage or trademark and is adversely affected by reason of a violation of the chapter, may bring a civil action against a person who violates this chapter in order to:
(1) enjoin further violations of this chapter; and
(2) recover the greater of: (i) the actual damages incurred as a result of such violation(s); or (ii) five hundred thousand dollars ($500,000) for each violation of this chapter.
(b) In any action brought pursuant to this section, the court may increase the damage award to an amount equal to not more than three (3) times the amount otherwise available under this section, if the court determines that the violating party has engaged in a pattern and practice of violating this chapter. The attorney general or other aggrieved party may also recover reasonable attorneys’ fees and costs, and any other relief that the court deems appropriate.
(c) For purposes of this chapter, multiple violations resulting from any single action shall constitute one violation.
(d) A the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the information involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.
(e) The provisions of this section shall not be construed to limit any person’s right to pursue any additional civil remedy otherwise allowed by law.
History of Section.
P.L. 2006, ch. 558, § 1.
Internet Misrepresentation of Business Affiliation Act (Rhode Island General Laws Sec. 11-52.1-1 through 11-52.1-5, added by Laws of 2006, Chapter 558, approved and effective July 10, 2006.)
For more information, see here: http://webserver.rilegislature.gov//Statutes/TITLE11/11-52.1/INDEX.htm
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