H*3453 Session 107 (1987-1988)
H*3453(Rat #0776, Act #0656 of 1988) General Bill, By Hayes
A Bill to amend Article 7, Chapter 17, Title 16, Code of Laws of South
Carolina, 1976, relating to offenses against public policy by adding Section
16-17-445 so as to provide restrictions upon certain unsolicited consumer
telephone calls and the manner in which these calls may be made, to authorize
the Department of Consumer Affairs to investigate complaints of violations,
and to provide civil and criminal penalties for violation; and to amend the
1976 Code by adding Section 16-17-446 so as to regulate the manner in which
automatically dialed announcing device (ADAD) calls may be made.-amended title
01/12/88 House Introduced and read first time HJ-289
01/12/88 House Referred to Committee on Judiciary HJ-289
02/17/88 House Committee report: Favorable with amendment
Judiciary HJ-1223
02/24/88 House Debate adjourned until Wednesday, March 2, 1988 HJ-1452
03/02/88 House Debate adjourned until Thursday, March 3, 1988 HJ-161
03/03/88 House Debate adjourned until Tuesday, March 8, 1988 HJ-1710
03/03/88 House Reconsider vote whereby debate adjourned until
3/8/88 HJ-1723
03/03/88 House Amended HJ-1752
03/03/88 House Read second time HJ-1753
03/08/88 House Read third time and sent to Senate HJ-1811
03/09/88 Senate Introduced and read first time SJ-12
03/09/88 Senate Referred to Committee on Labor, Commerce and
Industry SJ-12
05/13/88 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-9
05/31/88 Senate Amended SJ-64
05/31/88 Senate Read second time SJ-66
05/31/88 Senate Unanimous consent for third reading on next
legislative day SJ-66
06/01/88 Senate Read third time SJ-9
06/01/88 Senate Returned SJ-9
06/02/88 House Concurred in Senate amendment and enrolled HJ-4652
06/02/88 Ratified R 776
06/03/88 Signed By Governor
06/03/88 Effective date 06/03/88
06/03/88 Act No. 656
08/01/88 Copies available
(A656, R776, H3453)
AN ACT TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION
16-17-445 SO AS TO PROVIDE RESTRICTIONS UPON CERTAIN UNSOLICITED CONSUMER
TELEPHONE CALLS AND THE MANNER IN WHICH THESE CALLS MAY BE MADE, TO AUTHORIZE THE
DEPARTMENT OF CONSUMER AFFAIRS TO INVESTIGATE COMPLAINTS OF VIOLATIONS, AND TO
PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATION; AND TO AMEND THE 1976 CODE
BY ADDING SECTION 16-17-446 SO AS TO REGULATE THE MANNER IN WHICH AUTOMATICALLY
DIALED ANNOUNCING DEVICE (ADAD) CALLS MAY BE MADE.
Be it enacted by the General Assembly of the State of South Carolina:
Regulation of unsolicited consumer telephone calls
SECTION 1. Article 7, Chapter 17, Title 16 of the 1976 Code is amended by
adding:
"Section 16-17-445. (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 such 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.
(3) '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;
(c) to any person with whom the telephone solicitor has an existing
business relationship or has had a previous business relationship.
(4) 'Telephone solicitor' means any individual, firm or organization,
partnership, association, or corporation who makes or causes to be made a
consumer telephone call.
(5) 'Department' means the Department of Consumer Affairs.
(B) Any telephone solicitor who makes an unsolicited consumer telephone call
shall:
(1) identify himself and the business on whose behalf he is soliciting
immediately upon making contact by telephone with the person who is the object
of the telephone solicitation; and
(2) within thirty seconds after beginning the conversation state the purpose
of the call, allow the person called the opportunity to respond, and if the
response is negative discontinue the call; and
(3) remove the called party's name and telephone number from in-house
calling lists if the called party asks the solicitor not to call again.
(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;
(2) payment plan; and
(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 having 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, any person violating
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
of 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 hereto."
Regulation of ADAD calls
SECTION 2. The 1976 Code is amended by adding:
"Section 16-17-446. (A) 'Adad' means any automatically dialed announcing
device which delivers a recorded message without assistance by a live operator
for the purpose of making an unsolicited consumer telephone call.
(B) Adad calls are subject to provisions in Section 16-17-445(B)(1), (2), and
(3). Adad calls shall disconnect immediately when the called party hangs up.
Adad calls are prohibited after seven o'clock p.m. or before eight o'clock a.m.
on any day. Adad calls may not ring at hospitals, police stations, fire
departments, nursing homes, hotels, or vacation rental units."
Time effective
SECTION 3. This act takes effect upon approval by the Governor. |