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HB 1154-FN - AS INTRODUCED
2026 SESSION
26-2623
07/08
HOUSE BILL
1154-FN
AN ACT
restricting the texting of unsolicited advertisements, including political campaigns.
SPONSORS: Rep. W. Thomas, Hills. 12; Rep. Rung, Hills. 12; Rep. B. Boyd, Hills. 12
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill restricts the use of texting for unsolicited advertisements and creates criminal and civil penalties for violations.
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Explanation: Matter added to current law appears in
bold italics.
Matter removed from current law appears [
in brackets and struckthrough.
]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2623
07/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT
restricting the texting of unsolicited advertisements, including political campaigns.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
LBA
26-2623
11/4/25
HB 1154-FN- FISCAL NOTE
AS INTRODUCED
AN ACT
restricting the texting of unsolicited advertisements, including political campaigns.
FISCAL IMPACT:
Estimated State Impact
FY 2026
FY 2027
FY 2028
FY 2029
Revenue
$0
$0
$0
$0
Revenue Fund
None
Expenditures*
Indeterminable
Funding Source
General Fund
Appropriations*
$0
$0
$0
$0
Funding Source
None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2026
FY 2027
FY 2028
FY 2029
County Revenue
$0
$0
$0
$0
County Expenditures
Indeterminable
Local Revenue
$0
$0
$0
$0
Local Expenditures
Indeterminable
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at:
https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association