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Can I use third-party email marketing tools that collect personal information in Rhode Island? What are the requirements?

Requirements for Using Third-Party Email Marketing Tools that Collect Personal Information in Rhode Island

Based on the provided context documents, the use of third-party email marketing tools that collect personal information in Rhode Island is subject to certain requirements.

  1. Opt-Out Requirements: Rhode Island law requires that licensees provide an opt-out option for consumers to prevent the disclosure of their nonpublic personal financial information for marketing purposes [1.1].
  2. Limits on Sharing Account Number Information for Marketing Purposes: Licensees are prohibited from disclosing a consumer’s policy number or access code to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer, except under certain exceptions [1.3].
  3. Third-Party Use of Merchant Trademarks and Likeness: Third-party delivery services are prohibited from using the likeness, registered trademark, or any intellectual property belonging to the merchant to falsely suggest sponsorship or endorsement by, or affiliation with the merchant [2.1].
  4. Unsolicited Electronic Mail: No person or entity may initiate the transmission of a commercial electronic mail message from a computer located in Rhode Island or to an electronic mail address that the sender knows, or has reason to know, is held by a Rhode Island resident unless that person or entity establishes a toll-free telephone number or valid sender operated return e-mail address that the recipient of the unsolicited documents may call or e-mail to notify the sender not to e-mail any further unsolicited documents [5.1].
  5. Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information: If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution outside of certain exceptions, the licensee may disclose the information only to the affiliates of the financial institution from which the licensee received the information, to its affiliates, or to any other person if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information [1.2].
  6. Registration and Collection of Sales and Use Tax by Retailers: Every retailer selling tangible personal property or prewritten computer software delivered electronically or by load and leave for storage, use, or other consumption in Rhode Island shall register with the tax administrator and collect and remit sales and use tax at the tax rate provided in R.I. Gen. Laws §§ 44-18-18 and 44-18-20 from the purchaser or person renting the room [4.1].

Therefore, if you plan to use third-party email marketing tools that collect personal information in Rhode Island, you must comply with the opt-out requirements, limits on sharing account number information for marketing purposes, third-party use of merchant trademarks and likeness, unsolicited electronic mail requirements, limits on redisclosure and reuse of nonpublic personal financial information, and registration and collection of sales and use tax by retailers.

Source(s):
Jurisdiction

Rhode Island