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Bill 3333

                    Current Status

Bill Number:                      3333
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990121
Primary Sponsor:                  Davenport
All Sponsors:                     Davenport, Lee
Drafted Document Number:          l:\council\bills\dka\3144mm99.doc
Residing Body:                    House
Date Tabled:                      19990309
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Telephone calls, unsolicited consumer; 
                                  unfair trade practices, Consumer Affairs, 
                                  Businesses, Prizes and Gifts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990309  Tabled in Committee                    26 HLCI
House   19990121  Introduced, read first time,           26 HLCI
                  referred to Committee


                             Versions of This Bill

TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL AND FAILS TO COMPLY WITH CHAPTER 15, TITLE 37, THE "PRIZES AND GIFTS ACT" OR CHAPTER 5, TITLE 39, THE "SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT" IS SUBJECT TO THE ENFORCEMENT PROCEDURES AND REMEDIES IN THOSE CHAPTERS IN ADDITION TO, AND NOT EXCLUSIVE OF, THE ENFORCEMENT AND REMEDIAL PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-15-90, RELATING TO ENFORCEMENT AND REMEDIES FOR VIOLATION OF THE "PRIZES AND GIFTS ACT", SO AS TO PROVIDE FOR THE ADDITIONAL ENFORCEMENT PROCEDURES AND REMEDIES AVAILABLE FOR FAILURE TO COMPLY WITH REQUIREMENTS FOR UNSOLICITED CONSUMER TELEPHONE CALLS; AND TO AMEND SECTION 39-1-50, RELATING TO UNSOLICITED MERCHANDISE RECEIVED THROUGH THE MAIL BEING DEEMED A GIFT TO THE RECIPIENT, SO AS TO PROVIDE THAT MERCHANDISE, THE ORDER FOR WHICH WAS OBTAINED IN VIOLATION OF SECTION 16-17-445 OR THE "PRIZES AND GIFTS ACT" OR THE "SOUTH CAROLINA TRADE PRACTICES ACT", IS UNSOLICITED MERCHANDISE FOR THE PURPOSE OF BEING DEEMED A GIFT TO THE RECIPIENT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-17-445(B) of the 1976 Code, as added by Act 656 of 1988, is amended by adding:

"(4) comply in all respects with Chapter 15, Title 37, the 'Prizes and Gifts Act' and Chapter 5, Title 39, the 'South Carolina Unfair Trade Practices Act'. Failure to comply with the provisions of either of those chapters gives rise to the enforcement procedures and remedies provided in them for noncompliance in addition to, and not exclusive of, the enforcement procedures and remedies provided in subsection (F) of this section."

SECTION 2. Section 37-15-90 of the 1976 Code, as added by Act 483 of 1994, is amended to read:

"Section 37-15-90. (A) A violation of this chapter constitutes is a prohibited practice pursuant to the provisions of the Unfair Trade Practices Act and is subject to the enforcement provisions of that act.

(B) A violation of this chapter, which violation also violates Section 16-17-445, is subject to the enforcement and remedial provisions of that section in addition to and cumulative of the enforcement procedures and remedies provided in this chapter."

SECTION 3. Section 39-1-50 of the 1976 Code is amended to read:

"Section 39-1-50. (A) Any Unsolicited merchandise, except stolen merchandise, received through the mails, shall be is deemed to be an absolute gift and the addressee-recipient may retain and use such the merchandise without any liability for payment. 'Unsolicited merchandise' includes ordered merchandise if the order is obtained in violation of Section 16-17-445, regulating unsolicited consumer telephone calls, Chapter 15 of Title 37, the 'Prizes and Gifts Act', or Chapter 5 of Title 39, the 'South Carolina Unfair Trade Practices Act'.

(B) The provisions of this section shall do not apply to ordered merchandise deemed considered unsatisfactory by the addressee-recipient for any reason or to merchandise received by him by mistake or misdelivery."

SECTION 4. This act takes effect upon approval by the Governor.

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