H*3693(Rat #0454, Act #0408 of 2000)  General Bill, By J. Smith, Lourie and 
W. McLeod

Similar(H 3122)
 A 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
 REVISE CERTAIN DEFINITIONS AND TO PROVIDE ADDITIONAL DEFINITIONS, TO PROVIDE
 THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL
 MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE
 SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE
 OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR
 PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT,
 WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT
 ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE
 CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.-AMENDED
 TITLE

   03/10/99  House  Introduced and read first time HJ-7
   03/10/99  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-7
   01/27/00  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-3
   02/02/00  House  Amended HJ-19
   02/02/00  House  Read second time HJ-20
   02/03/00  House  Read third time and sent to Senate HJ-15
   02/03/00  Senate Introduced and read first time SJ-8
   02/03/00  Senate Referred to Committee on Judiciary SJ-8
   05/09/00  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   05/18/00  Senate Read second time SJ-17
   05/18/00  Senate Ordered to third reading with notice of
                     amendments SJ-17
   05/23/00  Senate Amended SJ-20
   05/23/00  Senate Read third time and returned to House with
                     amendments SJ-20
   05/24/00  House  Debate adjourned on amendments HJ-51
   05/24/00  House  Debate adjourned on amendments HJ-65
   05/25/00  House  Debate adjourned until Tuesday, May 30, 2000 HJ-34
   05/30/00  House  Senate amendment amended HJ-51
   05/30/00  House  Returned to Senate with amendments HJ-52
   05/31/00  Senate Non-concurrence in House amendment SJ-196
   05/31/00  House  House insists upon amendment and conference
                     committee appointed Reps. Reps. Law, Trotter and
                     Canty HJ-75
   05/31/00  Senate Conference committee appointed Sens. Saleeby,
                     Moore, Glover SJ-197
   06/20/00  House  Free conference powers granted HJ-27
   06/20/00  House  Free conference committee appointed Reps. Law,
                     Trotter and Cantey HJ-28
   06/20/00  House  Free conference report received and adopted HJ-28
   06/21/00  Senate Free conference powers granted SJ-12
   06/21/00  Senate Free conference committee appointed Sens.
                     Saleeby, Moore, Glover SJ-12
   06/21/00  Senate Free conference report received and adopted SJ-12
   06/21/00  Senate Ordered enrolled for ratification SJ-12
   06/22/00         Ratified R 454
   10/18/00         Signed By Governor
   10/18/00         Effective date 10/18/00
   11/08/00         Copies available
   11/08/00         Act No. 408

AN ACT TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO PROVIDE ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.

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

Definitions added and revised; disclosure of information by telephone solicitor; revised method to remove name

SECTION 1. Section 16-17-445 of the 1976 Code is amended to read:

"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 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;

(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 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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 22nd day of June, 2000.

Approved the 18th day of October, 2000.