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Bill 3766

                    Current Status

Bill Number:                      3766
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990324
Primary Sponsor:                  Meacham-Richardson
All Sponsors:                     Meacham-Richardson
Drafted Document Number:          l:\council\bills\gjk\20383std99.doc
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Trade or commerce, unfair acts, mailing 
                                  of brochures, etc.; Consumer Affairs, 
                                  Businesses and Corporations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990324  Introduced, read first time,           26 HLCI
                  referred to Committee


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-25 SO AS TO MAKE IT AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE FOR A PERSON WHO MAILS CERTAIN MERCHANDISE CATALOGUES OR CERTAIN BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL TO A RECIPIENT TO FAIL TO HONOR THE RECIPIENT'S REQUEST THAT THE MAILER CEASE SENDING SUCH CATALOGUES, BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL AND TO PROVIDE FOR RELATED MATTERS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 39-5-25. (A) A person who mails a merchandise catalogue, brochure, leaflet, or flyer to a resident of this State which advertises or promotes a product or service and in any manner solicits the recipient to purchase or contract for any goods or services or to participate in any event that requires or implies that to receive such goods or services or to participate in the event, a consumer must pay money or purchase merchandise through the mail, shall provide somewhere on the catalogue, brochure, leaflet, or flyer a clear statement in legible type in contrast by typography, layout, or color with other printed matter explaining how the recipient can request that the mailer cease sending the catalogue, brochure, leaflet, or flyer to the recipient. The mailer shall honor the request if made by the recipient.

(B) This section does not apply to mailed requests for voluntary donations for nonprofit organizations or other entities which are exempt from income taxation if the organization's or entity's taxation records are open to public inspection.

(C) Violation of this section constitutes an unfair or deceptive act or practice in the conduct of trade or commerce under Section 39-5-20 and subjects the violator to the provisions of this article.

(D) Upon a finding by the Attorney General of South Carolina that subsection (A) of this section has been violated, the Attorney General may issue an explicit written warning to the violator to cease and desist. Upon a finding by the Attorney General that subsection (A) has been violated a second time, the Attorney General may take action to enforce this article."

SECTION 2. This act takes effect ninety days after approval by the Governor.

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