South Carolina General Assembly
107th Session, 1987-1988

Bill 3453


                    Current Status

Bill Number:               3453
Ratification Number:       776
Act Number                 656
Introducing Body:          House
Subject:                   Regulation of unsolicited consumer
                           telephone calls
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.