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Indicates Matter Stricken
Indicates New Matter
S. 112
STATUS INFORMATION
General Bill
Sponsors: Senators Fair, Knotts and Elliott
Document Path: l:\council\bills\bbm\10484mm05.doc
Introduced in the Senate on January 11, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Unjust trade practice to charge a reactivation fee when cellular phone is lost, damaged or destroyed
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/15/2004 Senate Prefiled
12/15/2004 Senate Referred to Committee on Judiciary
1/11/2005 Senate Introduced and read first time SJ-138
1/11/2005 Senate Referred to Committee on Judiciary SJ-138
2/4/2005 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher,
Rankin, Scott
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-45 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE FOR THE PROVIDER OF CELLULAR TELECOMMUNICATIONS ACCESS, SERVICE, OR EQUIPMENT TO CHARGE A REACTIVATION FEE WHEN A CELLULAR PHONE IS LOST, DAMAGED, OR DESTROYED, OR TO OTHERWISE BE UNJUSTLY ENRICHED IN CONNECTION WITH A TELECOMMUNICATIONS ACCESS, SERVICE, OR EQUIPMENT CONTRACT, AND TO DEFINE "UNJUST ENRICHMENT" FOR THIS PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 39-5-45. (A) It is an unfair trade practice, pursuant to Section 39-5-20, for the provider of cellular telecommunications access or service or cellular telephone equipment, or all of them, to require payment of a reactivation charge when a cellular telephone that is operating in good standing under an existing cellular telecommunications agreement is replaced because it is lost, damaged, or destroyed.
(B) It is an unfair trade practice, pursuant to Section 39-5-20, for the provider of cellular telecommunications access or service or cellular telephone equipment, or all of them, to be unjustly enriched in any manner in connection with a cellular telecommunications agreement. For purposes of this subsection, 'unjust enrichment' is the collection of damages in excess of compensation for the actual pecuniary loss suffered by the provider upon breach of the agreement by the customer."
SECTION 2. This act takes effect upon approval by the Governor.
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