Current Status Bill Number:
4408Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980114Primary Sponsor: MeachamAll Sponsors: Meacham, Neilson, Sandifer, Bailey, Govan, Woodrum, McKay, Kirsh, Martin, Maddox, Canty, Mullen, Young-Brickell, Byrd, Inabinett, Neal, McGee, D. Smith, Lanford, RiceDrafted Document Number: bbm\9563jm.98Residing Body: SenateDate of Last Amendment: 19980519Subject: Trade, unfair act for persons mailing catalogues not to honor request to cease sending; Consumer Affairs, Businesses
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980602 Read second time, notice of general amendments Senate 19980528 Recalled from Committee 12 SLCI Senate 19980520 Introduced, read first time, 12 SLCI referred to Committee House 19980520 Read third time, sent to Senate House 19980519 Amended, read second time House 19980519 Co-Sponsor added (Rule 5.2) by Rep. Rice House 19980513 Committee report: Favorable with 26 HLCI amendment House 19980114 Introduced, read first time, 26 HLCI referred to CommitteeView additional legislative information at the LPITS web site.
May 28, 1998
Introduced by Reps. Meacham, Neilson, Sandifer, Bailey, Govan, Woodrum, McKay, Kirsh, Martin, Maddox, Canty, Mullen, Young-Brickell, Byrd, Inabinett, Neal, McGee, D. Smith, Lanford and Rice
S. Printed 5/28/98--S.
Read the first time May 20, 1998.
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 non-profit 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.