Title 19, Title 19 Institutions

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notice…

(a) Except as otherwise provided in subsection (b) of this section, a provider may not provide debt-management services to an individual who it reasonably should know resides in this state at the time it agrees to provide the services, unless the provider is registered under this…

Transactions entered into before this chapter takes effect and the rights, duties, and interests resulting from them may be completed, terminated, or enforced as required or permitted by a law amended, repealed, or modified by this chapter as though the amendment, repeal, or modi…

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions…

It is the intention of the general assembly that the official comments to this chapter represent the express legislative intent of the general assembly and shall be used as a guide for interpretation of this chapter.

(a) An application for registration as a provider must be in a form prescribed by the director. (b) Subject to adjustment of dollar amounts pursuant to § 19-14.8-32(f), an application for registration as a provider must be accompanied by: (1) The fee established by chapter 14 of …

An application for registration must be signed under oath or certified under the penalties of perjury and include: (1) The applicant’s name, principal business address and telephone number, and all other business addresses in this state, electronic-mail addresses, and internet we…

An applicant or registered provider shall notify the director within ten (10) days after a change in the information specified in § 19-14.8-5(b)(4) or (6) or § 19-14.8-6(1), (3), (6), (12), or (13).

Except for the information required by § 19-14.8-6(7), (14), and (17) and the addresses required by § 19-14.8-6(4), the director shall make the information in an application for registration as a provider available to the public.

(a) Except as otherwise provided in subsections (b) and (c), the director shall issue a certificate of registration as a provider to a person that complies with §§ 19-14.8-5 and 19-14.8-6. (b) The director may deny registration if: (1) The application contains information that is…

This chapter shall be known and may be cited as the “Rhode Island Fair Debt Collection Practices Act”.

If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt that is disputed by the consumer and, where applicable, shall apply such payment in accordance with the co…

It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer alle…

(1) After July 1, 2008, no person shall engage within this state in the business of a debt collector, or engage in soliciting the right to collect or receive payment for another of an account, bill, or other indebtedness, or advertise for or solicit in print the right to collect …

(1) Any person who engages in the business of a debt collector without a registration as required by § 19-14.9-12, shall, upon conviction, be fined not more than two thousand dollars ($2,000) or imprisoned not more than one year, or both. (2) Any debt collector who fails to compl…

If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or applica…

The purpose of this chapter is to establish standards, by defining unfair or deceptive acts or practices, for the collection of debts from consumers within the state of Rhode Island, and to establish requirements for the registering and supervision of debt collectors.

For the purposes of this chapter, the following terms shall have the following meaning unless the context otherwise requires: (1) “Consumer” means any person obligated or allegedly obligated to pay any debt, as defined by 15 U.S.C. § 1692a. (2) “Consumer reporting agency” means a…

Any debt collector communicating with any person, other than the consumer, for the purpose of acquiring location information about the consumer shall: (a) Identify himself/herself, state that he/she is confirming or correcting location information concerning the consumer, and, on…

(1) Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt: (a) At any unusual time or place …

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Such conduct shall include, but not be limited to: (a) Using or threatening to use violence or other criminal me…

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Such false or misleading means shall include, but not be limited to: (a) The false representation or implication that the debt collector is vouc…

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Such unfair or unconscionable means shall include, but not be limited to: (a) Collecting any amount (including any interest, fee, charge, or expense incidental to the principal …

(1) Within five (5) days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication, or the consumer has paid the debt, send the consumer a writt…

This chapter shall be known and may be cited as the “Rhode Island Franchise Investment Act”.

This act does not preclude negotiation of terms and conditions of a franchise before it is sold. After the initial offer, a franchisor need not amend its disclosure document to negotiate with an offeree, or make supplementary disclosure to that offeree, by reason of a change nego…

The franchisor must promptly amend its franchise registration application to reflect every material change in the information filed with the director.

No person may publish in this state any advertisement offering to sell a franchise required to be registered under this act unless they maintain the advertising materials for five (5) years, consistent with § 19-28.1-13.

Every franchisor offering or selling a franchise in this state must maintain a complete and accurate set of books and records of the offers and sales of franchises. The books and records must include disclosure documents, advertising correspondence with franchisees and prospectiv…

A provision of a franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this act.

A condition, stipulation, or provision requiring a franchisee to waive compliance with, or relieving a person of, a duty of liability imposed by or a right provided by this act or a rule or order under this act is void. An acknowledgement provision, disclaimer or integration clau…

A franchisor shall not restrict a franchisee from associating with other franchisees or from participating in a trade association, or retaliate against a franchisee for engaging in these activities.

In connection with the offer or sale of a franchise it is unlawful for a person, directly or indirectly, to: (1) Employ a device, scheme, or artifice to defraud; (2) Make an untrue statement of material fact or omit to state a material fact necessary in order to make the statemen…

(a) The director may by order deny a franchise registration application or suspend or revoke the effectiveness of registration of a franchise if: (1) The franchisor failed to comply with a provision of this act or a rule, order, or condition of the director under this act; (2) Th…

The director upon a finding that it is in the public interest may issue an order summarily under § 19-28.1-18.

The legislature finds that franchisees may suffer substantial losses when the franchisor does not provide complete information regarding the franchisor and the franchise relationship. The legislature also finds that many franchisees lack bargaining power and purchase a franchise …

(a) The director may refer any evidence that is available concerning any violation of this act or any rule or order made under this act to the attorney general who may, with or without this reference, institute appropriate criminal proceedings under the act. (b) A person who will…

(a) A person who violates any provision of this act is liable to the franchisee for damages, costs, and attorneys and experts fees. In the case of a violation of § 19-28.1-5, § 19-28.1-8, or § 19-28.1-17(1) — (5), the franchisee may also sue for rescission. No person shall be lia…

An action under § 19-28.1-21 must be commenced not later than the earlier of: (1) Four (4) years after the act or transaction constituting the violation; or (2) Ninety (90) days after the receipt by the franchisee of a rescission offer in a form approved by the director.

Except as expressly provided in this act, no civil liability arises from a violation or any provision of this act. Nothing in the act limits liability that may exist under another statute or at common law. Prior law governs all actions based on facts occurring before July 22, 199…

In an administrative, civil, or criminal proceeding arising under this act, the burden of proving an exemption, or an exclusion from a definition, is on the person claiming it.

(a) Except as provided by subsection (c), the director may not enter an order under § 19-28.1-18 or § 19-28.1-19 without appropriate prior notice to all named persons, opportunity for hearing and written findings of fact and conclusion of law. (b) Notice required by this act is s…

(a) The director may make public or private investigations inside or outside this state or determine whether a person has violated, is violating, or is about to violate a provision of this act. The director may investigate to aid in the enforcement of this act or in prescribing r…

(a) The director may promulgate rules, forms, and orders necessary or appropriate to administer this act and may define terms, whether or not used in this act. The director may classify franchises, persons, and matters within the director’s jurisdiction and prescribe different ru…

(a) A person who offers or sells a franchise subject to the registration requirements of this act in this state shall file with the director an irrevocable consent to service of process appointing the director as the person’s agent to receive service of process in a civil action …