(a)  A telephonic seller shall not use or connect to a telephone line an automatic-dialing-announcing device unless: (1) The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or (2) The message is immediately preceded by a live operator who obtains the subscriber’s consent before the message is delivered.

Terms Used In Rhode Island General Laws 5-61-3.4

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • seller: means a person who, on his or her own behalf or through salespersons or through the use of an automatic-dialing-announcing device, causes a telephone solicitation, or attempted telephone solicitation, to occur that meets the criteria specified as follows:

    (i)  A telephone solicitation, or attempted telephone solicitation, where the telephonic seller initiates or engages in telephonic contact with a prospective purchaser and represents or implies one or more of the following:

    (A)  That a prospective purchaser who buys one or more items will also receive additional or other items, whether or not of the same type as purchased, without "further cost. See Rhode Island General Laws 5-61-2

(b)  This section does not apply to:

(1)  Recorded messages from school districts to students, parents, or employees; or

(2)  Messages advising employees of work schedules.

(c)  Whenever the message is preceded by a live operator, the operator must, at the outset of the message, disclose:

(1)  The name of the business, firm, organization, association, partnership, or entity for which the message is being made;

(2)  The purpose of the message;

(3)  The identity or kinds of goods or services the message is promoting; and

(4)  If applicable, the fact that the message intends to solicit payment or commitment of funds.

(d)  A telephonic seller shall not use an automatic-dialing-announcing device to make calls into or within this state, unless the device is designed and operated so as to create a disconnect signal or an on-hook condition that allows the subscriber’s line to be released within five (5) seconds after termination of the telephone call by the subscriber.

History of Section.
P.L. 1999, ch. 456, § 2.