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Current Status Bill Number:View additional legislative information at the LPITS web site.3693 Ratification Number:454 Act Number:408 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990310 Primary Sponsor:J. Smith All Sponsors:J. Smith, Lourie, W. McLeod Drafted Document Number:l:\council\bills\gjk\20338std99.doc Date Bill Passed both Bodies:20000621 Date of Last Amendment:20000621 Governor's Action:S Date of Governor's Action:20001018 Subject:Telephone calls, unsolicited consumer; definitions, information by solicitor of call, Consumer Affairs, Crimes History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20001023 Act No. A408 ------ 20001018 Signed by Governor ------ 20000622 Ratified R454 Senate 20000621 Ordered enrolled for ratification Senate 20000621 Free Conference Committee Report 89 SFCC adopted Senate 20000621 Free Conference Powers granted, 89 SFCC Saleeby appointed Senators to Committee Moore of Free Conference Glover House 20000620 Free Conference Committee Report 99 HFCC adopted House 20000620 Free Conference Powers granted, 99 HFCC Law appointed Reps. to Committee of Trotter Free Conference Canty Senate 20000531 Conference powers granted, 88 SCC Saleeby appointed Senators to Committee Moore of Conference Glover House 20000531 Conference powers granted, 98 HCC Law appointed Reps. to Committee of Trotter Conference Canty House 20000531 Insists upon amendment Senate 20000531 Non-concurrence in House amendment House 20000530 Senate amendments amended, returned to Senate with amendment House 20000525 Debate adjourned on Senate amendments until Tuesday, 20000530 House 20000524 Debate adjourned on Senate amendment Senate 20000523 Amended, read third time, returned to House with amendment Senate 20000518 Read second time, notice of general amendments, carrying over all amendments to third reading ------ 20000510 Scrivener's error corrected Senate 20000509 Committee report: Favorable with 11 SJ amendment Senate 20000203 Introduced, read first time, 11 SJ referred to Committee House 20000203 Read third time, sent to Senate House 20000202 Amended, read second time House 20000201 Co-Sponsor added (Rule 5.2) by Rep. W. McLeod House 20000127 Committee report: Favorable with 26 HLCI amendment House 19990310 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill Revised on January 27, 2000 - Word format Revised on February 2, 2000 - Word format Revised on May 9, 2000 - Word format Revised on May 10, 2000 - Word format Revised on May 23, 2000 - Word format Revised on May 30, 2000 - Word format Revised on June 21, 2000 - Word format
(A408, R454, H3693)
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.
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