(A) A person may not initiate, or cause 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 again by or on behalf of the person on whose behalf the telephone solicitation is being made. This statement may be made to a telephone solicitor or to the person on whose behalf the telephone solicitation is being made if that person is different from the telephone solicitor. Any request not to receive telephone solicitations must be honored for at least five years from the time the request is made.

(B) A telephone solicitor may not initiate, or cause to be initiated, a telephone solicitation to a telephone number on the National Do Not Call Registry maintained by the federal government pursuant to the Telemarketing Sales Rule, 16 C.F.R. part 310, and 47 C.F.R. § 64.1200.

Terms Used In South Carolina Code 37-21-70

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: means any individual, corporation, partnership, association, unincorporated organization, or other form of entity, however organized. See South Carolina Code 37-21-20
  • Telephone solicitation: means the initiation of a telephone call, or a text or media message sent, to a natural person's residence in the State, or to a wireless telephone with a South Carolina area code, for the purpose of offering or advertising a property, good, or service for sale, lease, license, or investment, including offering or advertising an extension of credit, prize promotion, or for the purposes of obtaining information that will or may be used for the direct solicitation thereof. See South Carolina Code 37-21-20
  • Telephone solicitor: means a person who makes, or causes another person to make, a telephone solicitation. See South Carolina Code 37-21-20

(C) It is an affirmative defense in any action brought pursuant to § 37-21-80 or 37-21-90 for a violation of this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitation in violation of this section, including using in accordance with applicable federal regulations a version of the National Do Not Call Registry obtained from the administrator of the registry no more than thirty-one days prior to the date a telephone solicitation is made.

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