South Carolina General Assembly
113th Session, 1999-2000

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Bill 3693


                    Current Status

Bill Number:                      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

View additional legislative information at the LPITS web site.


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

(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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