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Can I advertise my products or services without violating truth-in-advertising laws in Rhode Island? What are the requirements?

To advertise products or services in Rhode Island without violating truth-in-advertising laws, you must ensure that your advertising is truthful and not misleading. Rhode Island law prohibits advertising products as “native,” “native grown,” “Rhode Island grown,” or under terms of similar import unless the products were grown or produced in Rhode Island [1.1]. Additionally, any advertising device that violates the provisions of Rhode Island law is considered a public nuisance [2.2].

If you plan to advertise by fax, you must comply with the requirements of RIGL 6-47-1. Specifically, you cannot transmit unsolicited advertising material by fax unless you establish a toll-free telephone number that a recipient of the unsolicited faxed documents may call to notify the sender not to fax the recipient any further unsolicited documents. You must also include a statement in at least nine-point type that is the first text in the body of the message and of the same size as the majority of the text of the message. Upon notification by a recipient of their request not to receive any further unsolicited fax, you cannot fax or cause to be faxed any unsolicited documents to that recipient [3.1].

If you plan to offer credit to consumers, you must comply with the requirements of RIGL 6-27-4 and RIGL 6-27-10. Specifically, you cannot impose a finance charge in excess of an amount equal to eighteen percent (18%) simple interest per annum, and any application form or written solicitation for a revolving or open-end credit plan provided or offered by a creditor to a resident of Rhode Island must contain or be accompanied by certain disclosures [4.2][4.3].

If you plan to advertise outdoors, you must comply with the limitations of outdoor advertising devices as stated in RIGL 24-10.1-3. No outdoor advertising shall be erected in Rhode Island except for directional and official signs and notices erected, maintained, or authorized by a public agency or body, signs and notices pertaining to natural wonders and scenic and historic attractions, signs, displays, and devices advertising the sale or lease of property upon which they are located, signs, displays, and devices advertising activities conducted on the property upon which they are located, bus shelters erected under the authority of the state department of transportation or Rhode Island public transit authority, and lawfully permitted signs, displays, and devices already in existence [2.1]. The director of transportation is authorized to promulgate regulations governing the issuance of permits for the erection and maintenance of outdoor advertising coming within the exceptions contained in subsections (1), (4), and (5) of § 24-10.1-3 consistent with the safety and welfare of the traveling public [2.3].

In summary, to advertise products or services in Rhode Island without violating truth-in-advertising laws, you must ensure that your advertising is truthful and not misleading, comply with the requirements of RIGL 6-47-1 if you plan to advertise by fax, comply with the requirements of RIGL 6-27-4 and RIGL 6-27-10 if you plan to offer credit to consumers, and comply with the limitations of outdoor advertising devices as stated in RIGL 24-10.1-3 if you plan to advertise outdoors.

Source(s):
Jurisdiction

Rhode Island