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SC H3323

SC H3323
Telephone Solicitation Act


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Enacting The "telephone Solicitation Act" By Adding Chapter 31 To Title 37 So As To Provide Definitions, Prohibit Certain Telephonic Sales Calls, Prohibit Certain Commercial Telephone Sellers From Using Certain Technology, To Provide A Rebuttable Presumption For Certain Calls Made To Any Area Code In This State, To Prohibit Certain Automated Dialing Or Recorded Messages, To Provide For A Certain Time Frame For Commercial Calls, To Provide For Limits On The Number Of Calls, To Provide For Exemptions, And To Provide For Remedies.

AI Summary

This bill establishes the Telephone Solicitation Act, which creates comprehensive regulations for commercial telephone solicitation in South Carolina. The act defines key terms like "prior express written consent" and establishes strict rules for telephone solicitors, including prohibiting automated calls without explicit written permission, restricting call times to between 8 a.m. and 8 p.m., and limiting calls to no more than three per 24-hour period on the same subject. The bill requires telephone solicitors to accurately transmit caller identification information and prohibits intentionally altering caller voices or concealing caller identity. The legislation provides a wide range of exemptions for various types of businesses and organizations, such as religious, charitable, and educational groups, licensed professionals, and certain financial institutions. If a person receives an unlawful solicitation, they can bring a legal action to enjoin the violation and recover damages, with potential treble damages for willful violations. The act includes a rebuttable presumption that calls to any South Carolina area code are made to a state resident and will take effect on January 1, 2026, after gubernatorial approval. The primary goal is to protect consumers from intrusive, deceptive, or unauthorized telephone solicitations while providing clear guidelines for businesses engaged in telephone sales.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Referred to Committee on Labor, Commerce and Industry (on 01/14/2025)

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