South Carolina H 3323: Telephone Solicitation Act

Bill Text

2025-2026 Bill 3323 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3323

Indicates Matter Stricken
Indicates New Matter

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

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Telephone Solicitation Act."

SECTION 2. Title 37 of the S.C. Code is amended by adding:

CHAPTER 31

Telephone Solicitation

 Section 
37-31-10. As used in this chapter:

 (1) "Called 
party" means a person who is the regular user of the telephone number that 
receives a commercial telephonic sales call.

 (2) "Caller 
identification service" means a service that allows a telephone subscriber to 
have the telephone number and, where available, the name of the calling party 
transmitted contemporaneously with the telephone call and displayed on a device 
in or connected to the subscriber's telephone.

 (3) "Prior 
express written consent" means a written agreement that:

 (a) 
bears the signature of the called party;

 (b) 
clearly authorizes the person making or allowing the placement of a commercial 
telephonic sales call by telephone call, text message, or voicemail 
transmission to deliver or cause to be delivered to the called party a 
commercial telephonic sales call using an automated system for the selection or 
dialing of telephone numbers, the playing of a recorded message when a 
connection is completed to a number called, or the transmission of a 
prerecorded voicemail;

 (c) 
includes the telephone number to which the signatory authorizes a commercial 
telephonic sales call to be delivered; and

 (d) 
includes a clear and conspicuous disclosure informing the called party that:

 (i) 
by executing the agreement, the called party authorizes the person making or 
allowing the placement of a commercial telephonic sales call to deliver or 
cause to be delivered a commercial telephonic sales call to the called party 
using an automated system for the selection or dialing of telephone numbers or 
the playing of a recorded message when a connection is completed to a number 
called; and

 (ii) 
he is not required to sign the written agreement directly or indirectly or to 
agree to enter into such an agreement as a condition of purchasing any 
property, goods, or services.

 (4) "Signature" 
means an electronic or digital signature, to the extent that such form of 
signature is recognized as a valid signature under applicable federal law or 
state contract law.

 Section 
37-31-20. (A) A person may not make 
or knowingly allow a commercial telephonic sales call to be made if such call 
involves an automated system for the selection or dialing of telephone numbers 
or the playing of a recorded message when a connection is completed to a number 
called without the prior express written consent of the called party.

 (B) It is unlawful for any person who makes a 
commercial telephonic sales call or causes a commercial telephonic sales call 
to be made to fail to transmit or cause not to be transmitted the originating 
telephone number and, when made available by the telephone solicitor's carrier, 
the name of the telephone solicitor to any caller identification service in use 
by a recipient of a commercial telephonic sales call. However, it is not a 
violation to substitute, for the name and telephone number used in or billed 
for making the call, the name of the seller on behalf of which a commercial 
telephonic sales call is placed and the seller's customer service telephone 
number, which is answered during regular business hours. If a telephone number 
is made available through a caller identification service as a result of a 
commercial telephonic sales call, the solicitor must ensure that telephone 
number is capable of receiving telephone calls and must connect the original 
call recipient, upon calling such number, to the telephone solicitor or to the 
seller on behalf of which a commercial telephonic sales call was placed.

 (C) It 
is unlawful for any person who makes a commercial telephonic sales call or 
causes a commercial telephonic sales call to be made to intentionally alter the 
voice of the caller in an attempt to disguise or conceal the identity of the 
caller in order to defraud, con