(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. (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.
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