Is Rhode Island a one-party consent state?

§ 11-35-21(a) makes it a crime to willfully intercept a wire, electronic or oral communication. Under § 11-35-21(c)(3), it is not unlawful for a person to record a call they are a party to, or one where a party has given prior consent, unless the recording is made to commit a crime, a tort or another injurious act.

Rhode Island is a one-party consent state, so the penalty applies to recording a call you are not a party to when no party has consented, or recording to commit a crime or tort (§ 11-35-21(c)(3)). That interception is punishable by up to 5 years in prison (§ 11-35-21(a)), which makes it a felony (§ 11-1-2). The section sets no fine. § 12-5.1-13 allows a civil suit for actual damages of at least $100 a day or $1,000, punitive damages and attorney fees, but its text covers interceptions in violation of chapter 12-5.1, the court-order chapter. Federal law gives a right to sue for this kind of interception (18 U.S.C. § 2520).

Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.

Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.

Rhode Island's Telephone Sales Solicitation Act limits unsolicited sales calls to 9 a.m. to 6 p.m. Monday through Friday and 10 a.m. to 5 p.m. Saturday, with none on Sundays or state or federal holidays (§§ 5-61-2(2), 5-61-3.6). Within the first 30 seconds, the caller must give their true name, the company and what is being sold (§ 5-61-3.3). An automatic dialer that plays a recorded or synthesized message needs the person's consent first, or a live operator who gets consent before the message plays (§ 5-61-3.4). Sellers that meet the act's definition of a telephonic seller must register with the Attorney General 10 days before calling (§ 5-61-3).