Rhode Island law says no business “shall transmit, or cause to be transmitted, a text message advertisement” to a Rhode Island resident’s cell phone. The ban in R.I. Gen. Laws § 5-61-3.5 has exceptions, the most important for an existing customer relationship with an opt-out offered. It’s enforced as a misdemeanor, with no per-text damages for recipients. For most businesses the bigger Rhode Island risks are the calling-hours rule and registration, and the private remedy reaches only purchasers.
Does Rhode Island ban marketing texts?
Yes, unless the sender has an existing relationship with the subscriber and offers a way to stop the texts.
Section 5-61-3.5(a) provides that “no person or entity conducting business in this state shall transmit, or cause to be transmitted, a text message advertisement to a cellular telephone or pager.” A text message advertisement is a message whose principal purpose is to promote the sale of goods or services. The rule applies when the number belongs to a Rhode Island resident.
The exceptions cover texts from a business “that has an existing relationship with the subscriber if the subscriber is offered an option not to receive text messages from that business.” Affiliates qualify only if the subscriber consented to affiliate texts. Wireless carriers texting their own subscribers with an opt-out are also exempt.
The statute doesn’t define what an existing relationship is. A business with a purchase history, an account, or a recent opt-in has a strong position. A business texting purchased leads doesn’t, and the federal rules on prior express consent apply as well.
What calling hours apply in Rhode Island?
Weekdays 9 a.m. to 6 p.m. and Saturdays 10 a.m. to 5 p.m., with no Sunday or holiday calls.
Section 5-61-2(2) defines “Hours of operation” as “Monday through Friday, except a state or federal holiday, nine o’clock (9:00 a.m.) to six o’clock (6:00 p.m.); Saturday ten o’clock (10:00 a.m.) to five o’clock (5:00 p.m.).” Section 5-61-3.6 bars unsolicited sales calls to residential and mobile numbers outside those hours.
That window is much tighter than the federal 8 a.m. to 9 p.m. rule. Dialer and texting platforms built around the federal window will call Rhode Island numbers after 6 p.m. and on Sundays unless someone sets a state-specific rule. The hours and do-not-call rules apply to telephonic sellers, a defined term, and the text-advertising ban applies to any business.
Who must register as a telephonic seller?
Sellers whose calls involve certain sales pitches, unless an exemption applies.
The definition in § 5-61-2(9) is narrower than it looks at first. It covers sellers who represent that buyers get free items or prizes, that office supplies are below normal prices, or that the seller is someone else, along with precious metals and mineral offers. It also reaches calls answering ads or mailings that require a phone response. The exemptions in § 5-61-2(10) remove prior purchasers, supervised financial institutions and their affiliates, utilities, cable providers, certain public companies, and others.
A covered seller must register with the Attorney General’s consumer protection unit “Not less than ten (10) days prior to doing business in this state,” under § 5-61-3, with a $100 fee, and can’t start calling until it receives the written confirmation.
What does a violation cost?
A misdemeanor fine of up to $500 per text or off-hours call, Attorney General penalties up to $10,000, and treble the purchase price for purchasers.
Violations of the text and hours rules are misdemeanors punishable by “a fine of not more than five hundred dollars ($500) per violation” under § 5-61-3.5(b). Under § 5-61-5.1, the Attorney General may seek up to $10,000 per violation, which may be waived after full restitution.
The private remedy is narrow. Section 5-61-5.1(a) says “Any purchaser may have a right of action against a telephonic seller who is in material violation of this chapter,” and may recover “triple the amount actually paid.” A recipient who bought nothing can’t use it. Any person may seek an injunction, with fees if a permanent injunction issues. Recipients seeking money usually sue under the federal TCPA, where damages are $500 per violation, up to $1,500 if willful or knowing.
| Rhode Island rule | Section | Exposure | Defense to develop |
|---|---|---|---|
| Text message advertisements | 5-61-3.5(a) | Misdemeanor fine up to $500 per violation | Existing relationship and opt-out |
| Calls outside state hours | 5-61-3.6 | Same | Not a telephonic seller; time settings |
| Internal do-not-call procedures | 5-61-3.5(a) | Same | Federal-compliant written policy |
| Prerecorded messages without consent | 5-61-3.4 | AG penalty up to $10,000 | Consent; live operator first |
| Registration | 5-61-3 | AG penalty; purchaser’s triple recovery | Exemption under 5-61-2(10) |
Steps to take when a Rhode Island claim arrives
- Issue a litigation hold covering texting and dialer platform logs, opt-in and purchase records, and consent records for the Rhode Island numbers.
- Export opt-out and internal do-not-call records, with dates.
- Export Registry scrub records and version dates, plus the platform’s time-zone and quiet-hours settings.
- Gather the registration file or exemption analysis, message templates, and vendor contracts.
- Have a lawyer review the claim before responding, contacting the recipient, or offering a payment.
The quiet-hours settings in step 3 are where Rhode Island campaigns most often fail. More on defending text message claims is available, and a recent post covers how the TCPA interacts with state telemarketing laws.
Questions about Rhode Island text and telemarketing law
Can a Rhode Island recipient sue for statutory damages over a text?
Not under this chapter. The text ban is enforced through a misdemeanor fine, and the money remedy in § 5-61-5.1(a) belongs to purchasers dealing with a telephonic seller. Federal TCPA claims remain available to recipients, so a Rhode Island text complaint usually arrives as a federal case.
Do transactional texts fall under the ban?
No. The ban covers a “text message advertisement,” which the statute defines as a message whose principal purpose is to promote a sale. Order confirmations, delivery notices, and appointment reminders without a sales pitch fall outside it. Mixed messages invite argument, so keep promotions out of service texts.
Are prerecorded calls allowed in Rhode Island?
Only with consent. Section 5-61-3.4 bars a telephonic seller from using an automatic-dialing-announcing device unless the subscriber authorized the message or a live operator obtains consent before it plays. The device must release the line within five seconds after the subscriber hangs up.
Do business-to-business calls count?
The hours and do-not-call rules apply to calls to residential, mobile, and paging numbers, and many business owners use mobile numbers. The text ban applies to any Rhode Island resident’s cell phone, so a B2B text campaign reaching personal phones is still covered.
Defending Rhode Island text and call claims
If your company has received a Rhode Island complaint, an Attorney General inquiry, or a federal suit over marketing texts, the relationship records and opt-out logs usually decide the case. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving marketing text messages. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
R.I. Gen. Laws § 5-61-2, § 5-61-3, § 5-61-3.4, § 5-61-3.5, § 5-61-3.6, § 5-61-5.1; 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of May 29, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.