State Codes and Statutes

Statutes > Rhode-island > Title-6 > Chapter-6-47 > 6-47-2

SECTION 6-47-2

   § 6-47-2  Unsolicited electronic mail.– (a) No person or entity may initiate the transmission of a commercialelectronic mail message from a computer located in Rhode Island or to anelectronic mail address that the sender knows, or has reason to know, is heldby a Rhode Island resident unless that person or entity establishes a toll-freetelephone number or valid sender operated return e-mail address that therecipient of the unsolicited documents may call or e-mail to notify the sendernot to e-mail any further unsolicited documents.

   (b) All unsolicited commercial electronic messages subject tothis section shall include a statement informing the recipient of the toll-freetelephone number that the recipient may call, or a valid return address towhich the recipient may write or e-mail, as the case may be, notifying thesender not to e-mail the recipient any further unsolicited commercialelectronic mail messages to the e-mail address or addresses specified by therecipient.

   (c) Upon notification by a recipient of his or her requestnot to receive any further unsolicited commercial electronic mail messages, noperson or entity subject to subsection (a) shall e-mail or cause to be e-mailedany unsolicited documents to that recipient.

   (d) No person or entity may initiate the transmission of acommercial electronic mail message from a computer located in Rhode Island orto an electronic mail address that the sender knows, or has reason to know, isheld by a Rhode Island resident that fraudulently uses a third party's internetdomain name without permission of the third party, or otherwise fraudulentlymisrepresents any information in identifying the point of origin or thetransmission 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 advertisingmaterial, the principal purpose of which is to promote the for-profit sale orlease of goods or services to the recipient and which meet both of thefollowing requirements:

   (1) The documents are addressed to a recipient with whom theinitiator does not have an existing business or personal relationship.

   (2) The documents are not sent at the request of, or with theexpress consent of, the recipient.

   (f) As used in this section, "e-mail" or "caused to bee-mailed" does not include or refer to the transmission of any documents by atelecommunications utility or Internet service provider to the extent that thetelecommunications utility or Internet service provider merely carries thattransmission over its network.

   (g) For purposes of this section, a person or entity hasreason to know that the intended recipient of a commercial electronic mailmessage is a Rhode Island resident if the recipient has requested of the sendernot to receive any further unsolicited commercial electronic messages.

   (h) Any person or entity who violates the provisions of thischapter shall be liable for damages to the recipient of an unsolicitedcommercial electronic mail message in the amount of one hundred dollars ($100)for each such violation. In addition, the recipient may recover reasonableattorney's fees and costs.

State Codes and Statutes

Statutes > Rhode-island > Title-6 > Chapter-6-47 > 6-47-2

SECTION 6-47-2

   § 6-47-2  Unsolicited electronic mail.– (a) No person or entity may initiate the transmission of a commercialelectronic mail message from a computer located in Rhode Island or to anelectronic mail address that the sender knows, or has reason to know, is heldby a Rhode Island resident unless that person or entity establishes a toll-freetelephone number or valid sender operated return e-mail address that therecipient of the unsolicited documents may call or e-mail to notify the sendernot to e-mail any further unsolicited documents.

   (b) All unsolicited commercial electronic messages subject tothis section shall include a statement informing the recipient of the toll-freetelephone number that the recipient may call, or a valid return address towhich the recipient may write or e-mail, as the case may be, notifying thesender not to e-mail the recipient any further unsolicited commercialelectronic mail messages to the e-mail address or addresses specified by therecipient.

   (c) Upon notification by a recipient of his or her requestnot to receive any further unsolicited commercial electronic mail messages, noperson or entity subject to subsection (a) shall e-mail or cause to be e-mailedany unsolicited documents to that recipient.

   (d) No person or entity may initiate the transmission of acommercial electronic mail message from a computer located in Rhode Island orto an electronic mail address that the sender knows, or has reason to know, isheld by a Rhode Island resident that fraudulently uses a third party's internetdomain name without permission of the third party, or otherwise fraudulentlymisrepresents any information in identifying the point of origin or thetransmission 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 advertisingmaterial, the principal purpose of which is to promote the for-profit sale orlease of goods or services to the recipient and which meet both of thefollowing requirements:

   (1) The documents are addressed to a recipient with whom theinitiator does not have an existing business or personal relationship.

   (2) The documents are not sent at the request of, or with theexpress consent of, the recipient.

   (f) As used in this section, "e-mail" or "caused to bee-mailed" does not include or refer to the transmission of any documents by atelecommunications utility or Internet service provider to the extent that thetelecommunications utility or Internet service provider merely carries thattransmission over its network.

   (g) For purposes of this section, a person or entity hasreason to know that the intended recipient of a commercial electronic mailmessage is a Rhode Island resident if the recipient has requested of the sendernot to receive any further unsolicited commercial electronic messages.

   (h) Any person or entity who violates the provisions of thischapter shall be liable for damages to the recipient of an unsolicitedcommercial electronic mail message in the amount of one hundred dollars ($100)for each such violation. In addition, the recipient may recover reasonableattorney's fees and costs.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-6 > Chapter-6-47 > 6-47-2

SECTION 6-47-2

   § 6-47-2  Unsolicited electronic mail.– (a) No person or entity may initiate the transmission of a commercialelectronic mail message from a computer located in Rhode Island or to anelectronic mail address that the sender knows, or has reason to know, is heldby a Rhode Island resident unless that person or entity establishes a toll-freetelephone number or valid sender operated return e-mail address that therecipient of the unsolicited documents may call or e-mail to notify the sendernot to e-mail any further unsolicited documents.

   (b) All unsolicited commercial electronic messages subject tothis section shall include a statement informing the recipient of the toll-freetelephone number that the recipient may call, or a valid return address towhich the recipient may write or e-mail, as the case may be, notifying thesender not to e-mail the recipient any further unsolicited commercialelectronic mail messages to the e-mail address or addresses specified by therecipient.

   (c) Upon notification by a recipient of his or her requestnot to receive any further unsolicited commercial electronic mail messages, noperson or entity subject to subsection (a) shall e-mail or cause to be e-mailedany unsolicited documents to that recipient.

   (d) No person or entity may initiate the transmission of acommercial electronic mail message from a computer located in Rhode Island orto an electronic mail address that the sender knows, or has reason to know, isheld by a Rhode Island resident that fraudulently uses a third party's internetdomain name without permission of the third party, or otherwise fraudulentlymisrepresents any information in identifying the point of origin or thetransmission 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 advertisingmaterial, the principal purpose of which is to promote the for-profit sale orlease of goods or services to the recipient and which meet both of thefollowing requirements:

   (1) The documents are addressed to a recipient with whom theinitiator does not have an existing business or personal relationship.

   (2) The documents are not sent at the request of, or with theexpress consent of, the recipient.

   (f) As used in this section, "e-mail" or "caused to bee-mailed" does not include or refer to the transmission of any documents by atelecommunications utility or Internet service provider to the extent that thetelecommunications utility or Internet service provider merely carries thattransmission over its network.

   (g) For purposes of this section, a person or entity hasreason to know that the intended recipient of a commercial electronic mailmessage is a Rhode Island resident if the recipient has requested of the sendernot to receive any further unsolicited commercial electronic messages.

   (h) Any person or entity who violates the provisions of thischapter shall be liable for damages to the recipient of an unsolicitedcommercial electronic mail message in the amount of one hundred dollars ($100)for each such violation. In addition, the recipient may recover reasonableattorney's fees and costs.