§ 27-71-10. Immunity for market conduct surveillance personnel.
(a) No cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner’s authorized representatives or an examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this chapter.
(b) No cause of action shall arise, nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the commissioner or the commissioner’s authorized representative or examiner pursuant to an examination made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.
(c) A person identified in subsection(a) shall be entitled to an award of attorneys’ fees and costs if he or she is the prevailing party in a civil cause of action for libel, slander or any other relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this section a proceeding is “substantially justified” if it had a reasonable basis in law or fact at the time that it was initiated.
(d) This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in subsection (a).
History of Section.P.L. 2008, ch. 72, § 1; P.L. 2008, ch. 233, § 1.
Structure Rhode Island General Laws
Chapter 27-71 - Market Conduct Surveillance Act
Section 27-71-1. - Short title.
Section 27-71-2. - Purpose — Legislative intent.
Section 27-71-3. - Definitions.
Section 27-71-4. - Domestic responsibility and deference to other states.
Section 27-71-5. - Market analysis procedures.
Section 27-71-6. - Protocols for market conduct actions.
Section 27-71-7. - Protocols for targeted market conduct examinations.
Section 27-71-8. - Confidentiality requirements.
Section 27-71-9. - Market conduct surveillance personnel.
Section 27-71-10. - Immunity for market conduct surveillance personnel.
Section 27-71-11. - Fines and penalties.
Section 27-71-12. - Data collection and participation in national market conduct databases.
Section 27-71-13. - Coordination with other states through the NAIC.
Section 27-71-14. - Additional duties of the commissioner.
Section 27-71-15. - Cost of market analysis and examination.