S.C. Code Ann. § 16-17-445
§ 16-17-445. Regulation of unsolicited consumer telephone calls.
(A)
As used in this section:
(1)
"Consumer telephone call" means a call made by a telephone solicitor for the purpose of soliciting a sale
of any consumer goods or services to the person called, or for the purpose of soliciting an extension of
credit for consumer goods or services to the person called, or for the purpose of obtaining information that
will or may be used for the direct solicitation of a sale of consumer goods or services to the person called
or an extension of credit for these purposes.
(2)
"Consumer goods or services" means any tangible personal property which is normally used for personal,
family, financial, or household purposes, including any property intended to be attached to or installed in
any real property without regard to whether it is so attached or installed, as well as cemetery lots and
interests in vacation timesharing plans or vacation ownership plans and any services related to this property.
Services sold by institutions licensed and regulated under Title 38 are not consumer goods or services for
purposes of this section.
(3)
"Prize promotion" means:(a) a sweepstakes or other game of chance; or
(b) an oral or written representation that a person has won, has been selected to receive, or may be eligible
to receive a prize or purported prize.
(4)
"Unsolicited consumer telephone call" means a consumer telephone call other than a call made:(a) in
response to an express request of the person called;
(b) primarily in connection with an existing debt or contract, payment, or performance of which has not been
completed at the time of the call; or
(c) to a person with whom the telephone solicitor has an existing business relationship or had a previous
business relationship.
(5)
"Telephone solicitor" means an individual, firm or organization, partnership, association, or corporation
who makes or causes to be made a consumer telephone call.
(6)
"Department" means the Department of Consumer Affairs.
(B)
A telephone solicitor who makes an unsolicited consumer telephone call must disclose promptly and in a
clear conspicuous manner to the person receiving the call, the following information:
(1)
the identity of the seller;
(2)
that the purpose of the call is to sell goods or services;
(3)
the nature of the goods or services;
(4)
that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if
a prize promotion is offered. This disclosure must be made before or in conjunction with the description of
the prize to the person called. If requested by that person, the telemarketer must disclose the no purchase/no
payment entry method for the prize promotion; and
(5)
remove the called party's name and telephone number from in-house calling lists if the called party asks
the solicitor, whether verbally or in writing, not to call again. If the called party prefers to make his
request in writing, then the telephone solicitor must immediately provide the called party with the
appropriate address to send and make effective his written request to be removed from the in-house calling
lists.
(C)
Unsolicited consumer telephone calls are prohibited after nine o'clock p.m. or before eight o'clock a.m.
on any day.
(D)
Unsolicited calls must disclose to the buyer at the time of solicitations:
(1)
cost of merchandise or method of estimation;
(3)
extra or special charges such as shipping, handling, and taxes.
(E)
Every telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall
implement in-house systems and procedures whereby every effort is made not to call subscribers who ask not to
be called again. The department has the authority to monitor compliance with this provision. A person or his
agent who has an interest in a vacation ownership plan or vacation timesharing plan may have the unit
telephone number removed from a solicitor's in-house calling lists by sending written notification to the
solicitor.
(F)
The department shall investigate any complaints received concerning violations of this section. If the
department finds that there has been a violation of this section, it may impose a civil penalty not to exceed
one hundred dollars for a first violation, two hundred dollars for a second violation, and one thousand
dollars for a third or subsequent violation, and may seek other relief, including injunctive relief, as the
court considers appropriate against the telephone solicitor. In addition, a person who violates the provisions
of this section is guilty of a misdemeanor and, upon conviction for a first or second offense, must be fined
not more than two hundred dollars or imprisoned for not more than thirty days, and for a third or subsequent
offense must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for
not more than thirty days. Each violation constitutes a separate offense for purposes of the civil and
criminal penalties in this section.
(G)
Telephone companies are not responsible for the enforcement of the provisions of this section and are not
liable for any error or omission in the listings made pursuant to this section.
|
|
Compliance Guide:
Registration Made Easy.
- Online State Registration wizard for call campaign licensing.
- Wizard makes finding State DNC exemptions easy.
- Quickly answer questions with included regulatory guide.
|
|
