1 New Paragraph; Criminal Code; Breaches of the Peace and Related Offenses; Harassment. Amend RSA 644:4 by inserting after paragraph IV the following new paragraphs:

V. As used in paragraphs VI-VIII:

(a) "Unsolicited advertisement" means any material advertising the commercial availability or quality of any property, goods, services, or political candidate's message that is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise.

(b) "Benefit conferred" means where one party receives a tangible or intangible benefit, advantage, or gain because of the actions or services provided by another party. In regard to unsolicited political campaign text messages, this shall include, but not be limited to the celebrity endorser, the candidate, the political campaign or political action committee; the advertising or public relations agency, and/or the platform company used to facilitate contributions to the political campaigns and political committees.

VI. It shall be unlawful for any person to:

(a)(1) Use any telephone, computer, or other device to send an unsolicited advertisement to another telephone, whether through automated message or text message, without first receiving permission from the intended recipient, unless:

(A) The unsolicited advertisement is from a sender with an established business relationship with the recipient;

(B) The sender obtained the recipient's phone number through voluntary communication of such number within the context of such an established business relationship; or

(C) A directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its number for public distribution.

(2) Any such unsolicited advertisement shall contain a notice allowing the recipient to opt out of any future advertisements. The notice shall include a domestic contact telephone number for the recipient to transmit such a request to the sender and a cost-free mechanism for the recipient to transmit such a request pursuant to the notice to the sender of the unsolicited advertisement.

(b) Use multiple origination telephone numbers in order to evade detection or to defeat a recipient's ability to block or opt out of the unsolicited advertisement.

(c) Which a benefit has been conferred, use previously stored recipients' telephone numbers in multiple campaigns of unsolicited advertisements after the person has received an opt-out notification from the recipient.

VII. A person shall be guilty of a class B felony if the person violates RSA 644:4, VI, under circumstances involving repeated, unsolicited advertisements without the recipient's prior express consent, and/or a civil penalty of not less than $250 and not more than $2,000 per incident.

VIII. Any person aggrieved because of the gross negligence or willful misconduct in violation of any provision of RSA 644:4 may initiate an action against any person or entity for which because of the unsolicited advertisement, a benefit conferred results.

2 Effective Date. This act shall take effect July 1, 2027.

1 New Paragraph; Criminal Code; Breaches of the Peace and Related Offenses; Harassment. Amend RSA 644:4 by inserting after paragraph IV the following new paragraphs:

V. As used in paragraphs VI-VIII:

(a) "Unsolicited advertisement" means any material advertising the commercial availability or quality of any property, goods, services, or political candidate's message that is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise.

(b) "Benefit conferred" means where one party receives a tangible or intangible benefit, advantage, or gain because of the actions or services provided by another party. In regard to unsolicited political campaign text messages, this shall include, but not be limited to the celebrity endorser, the candidate, the political campaign or political action committee; the advertising or public relations agency, and/or the platform company used to facilitate contributions to the political campaigns and political committees.

VI. It shall be unlawful for any person to:

(a)(1) Use any telephone, computer, or other device to send an unsolicited advertisement to another telephone, whether through automated message or text message, without first receiving permission from the intended recipient, unless:

(A) The unsolicited advertisement is from a sender with an established business relationship with the recipient;

(B) The sender obtained the recipient's phone number through voluntary communication of such number within the context of such an established business relationship; or

(C) A directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its number for public distribution.

(2) Any such unsolicited advertisement shall contain a notice allowing the recipient to opt out of any future advertisements. The notice shall include a domestic contact telephone number for the recipient to transmit such a request to the sender and a cost-free mechanism for the recipient to transmit such a request pursuant to the notice to the sender of the unsolicited advertisement.

(b) Use multiple origination telephone numbers in order to evade detection or to defeat a recipient's ability to block or opt out of the unsolicited advertisement.

(c) Which a benefit has been conferred, use previously stored recipients' telephone numbers in multiple campaigns of unsolicited advertisements after the person has received an opt-out notification from the recipient.

VII. A person shall be guilty of a class B felony if the person violates RSA 644:4, VI, under circumstances involving repeated, unsolicited advertisements without the recipient's prior express consent, and/or a civil penalty of not less than $250 and not more than $2,000 per incident.

VIII. Any person aggrieved because of the gross negligence or willful misconduct in violation of any provision of RSA 644:4 may initiate an action against any person or entity for which because of the unsolicited advertisement, a benefit conferred results.

2 Effective Date. This act shall take effect July 1, 2027.