A BILL TO 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.
Impact
If enacted, H3323 will significantly alter the landscape of telemarketing within South Carolina. It mandates that telemarketers cannot make calls before 8 a.m. or after 8 p.m. and restricts the number of calls made to a single individual on the same subject to three times within a 24-hour period. Furthermore, it establishes a rebuttable presumption that calls made to any area code within the state are directed toward South Carolina residents, reinforcing local jurisdiction over telemarketing policies.
Summary
House Bill 3323, known as the Telephone Solicitation Act, aims to amend the South Carolina Code of Laws by introducing regulations governing commercial telephonic sales calls. The bill defines key terms related to telemarketing and aims to prohibit certain practices, including the use of automated dialing systems and recorded messages without prior express written consent from the called party. The legislation intends to enhance consumer protection by requiring telemarketers to disclose their identity and adhere to specific guidelines regarding the timing and frequency of calls.
Contention
The bill has raised some points of contention among stakeholders. Supporters argue that it is necessary for protecting consumers against intrusive telemarketing practices and scams. On the other hand, detractors may consider the regulations too restrictive, potentially harming legitimate businesses that rely on telemarketing as a vital form of customer engagement. The legal obligations imposed on telemarketers to gain consent and disclose their identity could also complicate operations for smaller businesses new to compliance with these enhanced regulations.
Further providing for definitions, for registration requirement, for unlawful acts and penalties, for blocking of caller identification and other telemarketing screening products or services prohibited, for unwanted telephone solicitation calls prohibited, for violations and for investigation.
To Amend The Unsolicited Commercial And Sexually Explicit Electronic Mail Prevention Act To Include Unsolicited Commercial And Sexually Explicit Text Messages.
Requiring scrap processors and recycling facility operators to collect certain information relating to the purchase of scrap material; requiring commercial accounts; restricting scrap processors and recycling facility operators from purchasing certain materials; and making a repeal.