2013 -- S 0173

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LC00684

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - TELEPHONE SALES SOLICITATION

ACT

     Introduced By: Senators Lombardo, Conley, Nesselbush, Jabour, and McCaffrey

     Date Introduced: February 06, 2013

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-61-3.5 of the General Laws in Chapter 5-61 entitled "Telephone

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Sales Solicitation Act" is hereby amended to read as follows:

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     5-61-3.5. Do not call lists. -- (a) No salesperson, telemarketer or telephonic seller shall

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make or cause to be made any unsolicited telephonic sales calls to any residential, mobile or

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telephonic paging device telephone number unless the salesperson, telemarketer or telephonic

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seller has instituted procedures for maintaining a list of persons who do not wish to receive

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telephonic sales calls made by or on behalf of that person, in compliance with 47 C.F.R 64 or 16

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C.F.R 310. Additionally, no person or entity conducting business in this state shall transmit or

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cause to be transmitted a text message advertisement to a cellular telephone or pager equipped

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with short message capability or any similar capability allowing the transmission of text

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messages. A text message advertisement is a message, the principal purpose of which is to

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promote the sale of goods or services to the recipient, consisting of advertising material for the

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lease, sale, rental, gift, offer, or disposition of realty, goods, services, or extension of credit.

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      (1) This section shall apply when a text message advertisement is transmitted to a

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telephone number assigned for a cellular telephone or pager service to a Rhode Island resident.

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      (2) This section shall not apply to text messages transmitted at the direction of a person

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or entity offering cellular telephone or pager service if the subscriber is offered an option not to

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receive those text messages.

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      (3) This section shall not apply to text messages transmitted by a business that has an

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existing relationship with the subscriber if the subscriber is offered an option not to receive text

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messages from that business.

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      (4) This section shall not apply to text messages transmitted by an affiliate of a business

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that has an existing relationship with the subscriber, but only if the subscriber has provided

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consent to the business with which he or she has the relationship to receive text messages from

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affiliates of that business. "Affiliate" means any company that controls, is controlled by, or is

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under the common control with, another company.

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      (5) This act shall not impose an obligation on a person or entity offering cellular or pager

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service to control the transmission of a text message unless the message is transmitted at the

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direction of that person or entity.

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      (b) Any person who violates any provision of this section is guilty of a misdemeanor,

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and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) per

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violation.

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     SECTION 2. Chapter 5-61 of the General Laws entitled "Telephone Sales Solicitation

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Act" is hereby amended by adding thereto the following section:

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     5-61-3.7. Cellular or mobile phone solicitation prohibited. – (a) No salesperson

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telemarketer or telephonic seller shall make or cause to be made any unsolicited telephonic sales

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calls to any mobile or cellular telephone number. Additionally, no person or entity shall transmit

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or cause to be transmitted an unsolicited text message advertisement to a cellular telephone or

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pager equipped with short message capability or any similar capability allowing the transmission

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of text messages. A text message advertisement is a message, the principal purpose of which is to

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promote the sale of goods or services to the recipient, consisting of advertising material for the

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lease, sale, rental, gift, offer, or disposition of realty, goods, services, or extension of credit.

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     (1) This section shall apply when a text message advertisement is transmitted to a

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telephone number assigned for a cellular telephone or pager service of a Rhode Island resident.

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     (2) This section shall not apply to text messages transmitted at the direction of a person or

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entity offering cellular telephone or pager service if the subscriber is offered an option not to

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receive those text messages.

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     (3) This section shall not apply to text messages transmitted by a business that has an

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existing relationship with the subscriber if the subscriber is offered an option not to receive text

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messages from that business.

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     (4) This section shall not apply to text messages transmitted by an affiliate of a business

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that has an existing relationship with the subscriber, but only if the subscriber has provided

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consent to the business with which he or she has the relationship to receive text messages from

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affiliates of that business. “Affiliate” means any company that controls, is controlled by, or is

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under the common control with, another company.

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     (5) This act shall not impose an obligation on a person, entity offering cellular, or pager

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service to control the transmission of a text message unless the message is transmitted at the

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direction of that person or entity.

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     (b) Any person who violates any provision of this section is guilty of a misdemeanor, and

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upon conviction shall be punished by a fine of not more than five hundred dollars ($500) per

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violation, in addition, said person shall be responsible for the reimbursement of any charges or

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costs incurred by the subscriber as a result of said violation.

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     SECTION 3. This act shall take effect upon passage.

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LC00684

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - TELEPHONE SALES SOLICITATION

ACT

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     This act would prohibit unsolicited telephonic sales calls to any cellular or mobile

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telephone.

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     This act would take effect upon passage.

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LC00684

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