AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- CONSUMER PROTECTION FROM INDEMNIFIED (LIABILITY-FREE) PRODUCTS ACT (Prohibits mandating indemnified products to consumers in certain circumstances.)

S2456

2026 -- S 2456
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LC003332
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
CONSUMER PROTECTION FROM INDEMNIFIED (LIABILITY-FREE) PRODUCTS ACT

Introduced By:
Senator E Morgan

Date Introduced:
February 06, 2026

Referred To:
Senate Health & Human Services
It is enacted by the General Assembly as follows:
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SECTION 1. Title 6 of General Laws entitled "Commercial Law – General Regulatory
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Provisions" is hereby amended by adding thereto the following chapter:
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CHAPTER 13.4
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CONSUMER PROTECTION FROM INDEMNIFIED (LIABILITY-FREE) PRODUCTS ACT
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6-13.4-1. Short title.
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This chapter shall be known and may be cited as the "Consumer Protection from
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Indemnified (Liability-Free) Products Act".
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6-13.4-2. Definitions.
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As used in this chapter, the following terms shall have the following meaning, unless the
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context requires otherwise:
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(1) "Consumer" means an individual who enters into a transaction primarily for personal,
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family, or household purposes.
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(2) "Educational institution" means an institution of learning not operated for profit that is
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empowered to confer diplomas, educational, literary, or academic degrees; that has a regular
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faculty, curriculum, and organized body of pupils or students in attendance throughout the usual
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school year; that keeps and furnishes to students and others records required and accepted for
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entrance to schools of secondary, collegiate, or graduate rank.
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(3) "Employer" means the state and all political subdivisions of the state and any person in

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this state employing four (4) or more individuals, and any person acting in the interest of an
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employer directly or indirectly.
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(4) "Employment" means an individual's entire service, if the service is localized in the
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state. Service is deemed to be localized in the state if:
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(i) The service is performed entirely within the state; or
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(ii) The service is performed both within and without the state; provided, however, the
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service performed without the state is incidental to the individual's service within the state;
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(iii)(A) Employment shall include an individual's service, performed within and without
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the state, if the service is not localized in any state; provided, however, some of the service is
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performed in the state; and
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(B) The individual's base of operation is in the state; or
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(I) If there is no base of operations then the place for which the service is directed or
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controlled is in the state; or
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(II) The individual's base of operation or place from which the service is directed or
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controlled is not in any state in which some part of the service is performed; provided, however,
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the individual's residence is in the state.
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(iv) In the event that any employee is denied or fails to receive wage, benefits, or wage
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supplements as a result of a violation of this chapter, the employee shall have available civil and
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other remedies available at law or equity. The department of labor and training may take any and
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all appropriate actions to enforce the provisions of this chapter, including, but not limited to,
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injunctions, cease and desist orders, and other penalties provided by law.
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(v) Recovery pursuant to a violation of this chapter shall be applicable to secure recovery
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against the merged, consolidated, or resulting corporation or other successor employer,
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notwithstanding anything contained in this chapter or any law to the contrary.
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(vi) This subsection is enacted in order to protect the employment interests of all persons
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engaged in employment in the state under existing labor contracts and shall be liberally construed
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in every case in order to achieve that purpose.
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(5) "Employment opportunity" means an opportunity to be employed.
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(6) "Government agencies" means any department, division, office, bureau, board,
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commission, authority, nonprofit community organization, or any other agency or instrumentality
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created by any municipality or by the state, or to which the state is a party, which is responsible for
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the regulation, inspection, visitation, or supervision of facilities or which provides services to
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residents of facilities.
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(7) "Guardian" means a person appointed or qualified by a court as a guardian of an

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individual, including a limited guardian, excluding a person who is only a guardian ad litem.
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(8) "Harassment" or "harassing" means following a knowing and willful course of conduct
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directed at a specific person with the intent to seriously alarm, annoy, or bother the person, and
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which serves no legitimate purpose. The course of conduct shall be such as would cause a
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reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.
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(9) "Loss of employment" means a person who is no longer employed.
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(10) "Mandate" means to officially require something or to direct or require something.
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(11) "Opt out" means to decline or defer.
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(12) "Private or public education" means the academic program pursued by the person in
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obtaining the bachelor's, master's, or doctorate degree, and that the programs include formal course
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work, seminars, and practice.
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(13) "Promotion" means employees who have been found qualified through suitable tests
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for promotion to positions in other classes under the provisions of chapter 4 of title 36 and the rules
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pertaining thereto.
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(14) "Recommendation" means a representation in favor of a person or thing.
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(15) "Requirement" means something that is needed or wanted, compulsory or a necessary
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condition.
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6-13.4-3. Prohibition of government agencies, employers and educational institutions
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making recommendations to consumers to accept indemnified products.
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(a) Government agencies, employers, private businesses or educational institutions are
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prohibited from mandating liability-free products which would result in a consumer's:
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(1) Loss of employment, employment opportunity, or promotion; or
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(2) Losing the ability to receive a public or private education.
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(b) A consumer or guardian of a consumer shall have the right to decline an indemnified
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product which an employer, government agency, private business, or educational institution is
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recommending to the consumer without incurring harassment, loss of employment, loss of an
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employment opportunity, promotion, or the ability to receive a private or public education.
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6-13.4-4. Enforcement and employee civil remedies.
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(a) The Rhode Island consumer protection unit within the department of the attorney
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general shall pursue a case of this nature if loss of or a threat of loss of employment, promotion,
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employment opportunity, or the loss of the ability to receive a public or private education or
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harassment occurs due to a consumer or guardian of a consumer declining an indemnified product
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which an employer or government agency has recommended.
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(b) As a result of any violation of this chapter, employees may pursue civil and other

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remedies at law or equity as set forth in §§ 6-13.4-2(4)(iv) through (vi).
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6-13.4-5. Public policy.
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Any provision of a contract or agreement of any kind that purports to waive or limit in any
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way a consumer's rights under this chapter, including, but not limited to, any right to a remedy or
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means of enforcement, shall be deemed contrary to public policy and shall be voided and
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unenforceable. This section shall not prevent a consumer or the guardian of a consumer to decline
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an indemnified product that is recommended by an employer, government agency or educational
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institution.
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6-13.4-6. Consumer opt out of indemnified products.
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A consumer or guardian of a consumer shall be able to opt out from recommended
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indemnified products by submitting in writing that they are opting out and shall not be required to
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provide specific reasoning for opting out.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
CONSUMER PROTECTION FROM INDEMNIFIED (LIABILITY-FREE) PRODUCTS ACT
***
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This act would prohibit mandating indemnified products to consumers where a refusal or
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acceptance would result in loss of employment, loss of employment opportunity, loss of promotion,
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loss of the ability to receive a private or public education, or coercion or harassment if a consumer
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declines an indemnified product.
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This act would take effect upon passage.
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