H 4628

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 37 SO AS TO ENACT THE "SOUTH CAROLINA TELEPHONE PRIVACY PROTECTION ACT"; TO DEFINE RELEVANT TERMS; TO PROHIBIT TELEPHONE SOLICITORS FROM INITIATING OR CAUSING TO BE INITIATED A TELEPHONE SOLICITATION DURING CERTAIN HOURS OF THE DAY AND TO PROVIDE EXCEPTIONS; TO REQUIRE TELEPHONE SOLICITORS TO DISCLOSE CERTAIN INFORMATION AT THE OUTSET OF A TELEPHONE SOLICITATION, INCLUDING THE CONSUMER'S RIGHT TO BE ADDED TO THE TELEPHONE SOLICITOR'S IN-HOUSE "DO NOT CALL LIST" UPON REQUEST; TO PROHIBIT A PERSON, WITH FRAUDULENT OR OTHER SPECIFIED INTENT, FROM MAKING OR INITIATING A TELEPHONE CALL OR TEXT MESSAGE OR ENGAGING IN CONDUCT THAT RESULTS IN THE DISPLAY OF MISLEADING, FALSE, OR INACCURATE CALLER IDENTIFICATION INFORMATION; TO REQUIRE TELEPHONE SOLICITORS TO PLAY CERTAIN PRERECORDED IDENTIFICATIONS AND OPT-OUT MESSAGES UNDER CERTAIN CIRCUMSTANCES; TO PROHIBIT A PERSON FROM INITIATING OR CAUSING TO BE INITIATED A TELEPHONE SOLICITATION DIRECTED TO A TELEPHONE NUMBER WHEN A PERSON AT THAT TELEPHONE NUMBER PREVIOUSLY STATED A DESIRE NOT TO BE CONTACTED, AND TO PROHIBIT TELEPHONE SOLICITORS FROM INITIATING OR CAUSING TO BE INITIATED A TELEPHONE SOLICITATION TO A TELEPHONE NUMBER ON THE NATIONAL DO NOT CALL REGISTRY; TO PROVIDE REMEDIES FOR VIOLATIONS; TO AUTHORIZE THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS TO ISSUE ADMINISTRATIVE ORDERS REQUIRING A PERSON TO CEASE AND DESIST, OR RETURN PROPERTY OR MONEY RECEIVED IN VIOLATION OF THIS ACT, TO IMPOSE PENALTIES, AND TO AUTHORIZE THE ATTORNEY GENERAL TO INVESTIGATE AND ENFORCE ALLEGED VIOLATIONS OF THIS ACT; TO PROVIDE THAT NOTHING IN THIS ACT MAY BE CONSTRUED TO LIMIT OTHER REMEDIES AVAILABLE UNDER FEDERAL OR STATE LAW; AND TO DELETE SECTION 16-17-445. - ratified title