(a)  Any merchant whose likeness was used by the third-party delivery service, or who appears on a third-party delivery service’s marketplace, in violation of this chapter, may bring an action in the superior court of the county in which the merchant or third-party delivery service is found, or in the superior court of the county as is otherwise provided by law, to recover actual damages or five thousand dollars ($5,000), whichever is greater. The court may, in its discretion, and where the conduct involves reckless or callous indifference to statutorily protected rights, award punitive damages and other equitable relief it deems appropriate.

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Terms Used In Rhode Island General Laws 6-58-5

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Likeness: means identifiable symbols attributed and easily identified as belonging to a specific merchant or retailer. See Rhode Island General Laws 6-58-1
  • Marketplace: means the third party's proprietary online communication platform where customers can view and search the menus of merchants and place an order for merchant products via the third party's website or mobile application for delivery or by the third-party delivery service, or an independent contractor of the third-party delivery service, to the customer. See Rhode Island General Laws 6-58-1
  • Third-party delivery service: means a company, organization, or entity, outside of the operation of the merchant's business that facilitates delivery or online ordering services to customers. See Rhode Island General Laws 6-58-1

(b)  Any third-party delivery service who or that violates this chapter shall pay to the state a civil penalty of not more than one thousand dollars ($1,000) per violation. Each day a violation occurs shall count as a separate violation.

History of Section.
P.L. 2021, ch. 379, § 1, effective October 11, 2021; P.L. 2021, ch. 380, § 1, effective October 11, 2021.