Legal Definitions - South Carolina

The terms South Carolina Telemarketing and Telephonic Anti-Solicitation and Fax Anti-Solicitation refer to specific laws in South Carolina designed to protect residents and businesses from unwanted sales calls and unsolicited faxes. These state statutes establish rules and restrictions for telemarketers and businesses that send promotional faxes, aiming to prevent intrusive and unrequested commercial communications. The laws cover aspects such as when solicitations can be made, requirements for maintaining "do not call" lists, and prohibitions against sending unsolicited advertisements via fax. The relevant statutes are S.C. Code §§ 16-17-445, 16-17-446 for phone calls and S.C. Code §§ 15-75-50, 15-75-51 for faxes.

Here are some examples illustrating these laws:

• Example 1: Unwanted Telemarketing Calls

  A resident of Charleston, South Carolina, has registered their home phone number on both the national and state "Do Not Call" lists. Despite this, they repeatedly receive automated calls from a company promoting extended car warranties. These calls often come during dinner hours and do not offer an easy way to opt out. This situation would fall under the Telemarketing and Telephonic Anti-Solicitation laws because the company is making unsolicited sales calls to a number registered on a "Do Not Call" list, which is generally prohibited by South Carolina law.

• Example 2: Unsolicited Business Faxes

  A small dental practice in Greenville, South Carolina, uses a fax machine for patient records and prescriptions. Over several weeks, they start receiving numerous unsolicited faxes advertising discounted medical supplies from a company they have never done business with. These faxes consume their paper and toner and tie up their fax line, preventing legitimate communications. This scenario illustrates a violation of South Carolina's Fax Anti-Solicitation laws, which prohibit sending unsolicited advertisements to fax machines without prior consent or an established business relationship.

• Example 3: Telemarketing Outside Permitted Hours

  A telemarketer working for a vacation package company calls a resident in Columbia, South Carolina, at 9:45 PM on a Tuesday evening. During the call, the telemarketer fails to clearly state their name and the company they represent at the beginning of the conversation. This situation could violate South Carolina's Telemarketing and Telephonic Anti-Solicitation laws, which often include restrictions on the hours during which telemarketing calls can be made and require telemarketers to provide specific identifying information at the outset of a call.