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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-45 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR THE PROVIDER OF CELLULAR TELECOMMUNICATIONS ACCESS, SERVICE, OR EQUIPMENT TO CHARGE A REACTIVATION FEE WHEN A CELLULAR PHONE IS LOST, DAMAGED, OR DESTROYED, CHARGE A FEE IN EXCESS OF THE AVERAGE MONTHLY BILL TO A CUSTOMER WHOSE CELLULAR TELEPHONE IS STOLEN OR WHO CANCELS A CONTRACT DUE TO HIS MOVE INTO AN AREA WITH NO TELECOMMUNICATIONS PROVIDER SIGNAL, OR TO OTHERWISE BE UNJUSTLY ENRICHED IN CONNECTION WITH A TELECOMMUNICATIONS ACCESS, SERVICE, OR EQUIPMENT CONTRACT, AND TO DEFINE "UNJUST ENRICHMENT" FOR THIS PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-45. (A) It is an unfair trade practice, pursuant to Section 39-5-20, for the provider of cellular telecommunications access or service or cellular telephone equipment, or all of them, to require payment of a reactivation charge when a cellular telephone that is operating in good standing under an existing cellular telecommunications agreement is replaced because it is lost, damaged, or destroyed. A provider may not charge a fee in excess of the average monthly bill to a customer whose cellular telephone is stolen or to a customer who cancels his cellular telephone contract due to his move into an area in which the telecommunications provider provides no signal.
(B) It is an unfair trade practice, pursuant to Section 39-5-20, for the provider of cellular telecommunications access or service or cellular telephone equipment, or all of them, to be unjustly enriched in any manner in connection with a cellular telecommunications agreement. For purposes of this subsection, 'unjust enrichment' is the collection of damages in excess of compensation for the actual pecuniary loss suffered by the provider upon breach of the agreement by the customer."
SECTION 2. This act takes effect upon approval by the Governor.
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