Rhode Island law labels private business filing ads and reviews false filings

A person named as a debtor may ask the filing office to end a financing statement they say was filed to harass or defraud them. A trusted filer is a regulated institution or its representative. The process applies to a financing statement naming the person as a debtor. The person must submit a sworn, notarized affidavit identifying the filing and stating it was unauthorized and intended to harass or defraud them. For a filing by a trusted filer, the office reviews the affidavit and may request more information. It ends the filing immediately only if it finds that the filing was meant to harass or defraud. A secured party that in good faith believes the filing was authorized and not meant to harass or defraud may seek expedited review or ask a court to restore it. For filings not made by a trusted filer, the termination takes effect 60 days after filing. For a trusted filer, it takes effect immediately if the office finds the filing was meant to harass or defraud.

A person connected to a business may ask the secretary of state to review certain false business filings. These processes cover specified corporations, partnerships, and limited liability companies, and their formation papers or other documents filed with the secretary of state. For a formation challenge, the false statement must use the complainant’s identity without permission. A challenge to another business filing must allege a materially false statement made without the complainant’s permission or consent. The complainant must submit an affidavit on the secretary’s form. The secretary may review records and request more information, including evidence of reports to police and the Federal Trade Commission, before deciding whether to void the filing. A person who knowingly submits a false affidavit may face criminal penalties. The complainant or the business’s representative may appeal the decision to Superior Court. The secretary must review an affidavit within five business days and notify the complainant of a decision within ten business days after receiving the affidavit or requested information.

Private companies sending certain business filing ads must label them as ads and say no payment or response is required. These rules cover mailed or electronic messages from nongovernment companies that appear to describe a business filing requirement or offer related filing services. The message must tell businesses where they can file or get public records directly and identify the sender’s name and physical address. Mailed messages must say on the outside that they are not government documents. Messages may not look like official government notices, use state seals or branding, or imply a legal duty or penalty for not responding. The rules exclude consumer-requested services, ads from regulated institutions, and ads to people with a real, existing business relationship. The attorney general and businesses may bring enforcement actions. These requirements took effect July 1, 2026.