§ 37-21-10 Short title
§ 37-21-20 Definitions
§ 37-21-30 Time restrictions on telephone solicitation
§ 37-21-40 Disclosure of certain information at the outset of and during a telephone solicitation
§ 37-21-50 Accuracy of caller identification information required; exceptions
§ 37-21-60 Prerecorded identifications and opt-out messages
§ 37-21-70 Unwanted telephone solicitations; Do Not Call Registry; affirmative defense
§ 37-21-80 Remedies; injunctions
§ 37-21-90 Administrative orders; Attorney General investigations; civil penalties
§ 37-21-100 Construction of chapter

Terms Used In South Carolina Code > Title 37 > Chapter 21 - South Carolina Telephone Privacy Protection Act

  • Consumer: means a natural person who is the object of a telephone solicitation. See South Carolina Code 37-21-20
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established business relationship: means a relationship between the consumer and the person on whose behalf the telephone solicitation call is being made based on the consumer's:

    (a) purchase from, or transaction with, the person on whose behalf the telephone solicitation is being made within the eighteen months immediately preceding the solicitation date; or

    (b) inquiry or application regarding a property, good, or service offered by the person on whose behalf the telephone solicitation is being made within the three months immediately preceding the solicitation date. See South Carolina Code 37-21-20
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, corporation, partnership, association, unincorporated organization, or other form of entity, however organized. See South Carolina Code 37-21-20
  • Personal property: All property that is not real property.
  • Personal relationship: means the relationship between a telephone solicitor making a telephone solicitation and a family member, friend, or acquaintance of that telephone solicitor. See South Carolina Code 37-21-20
  • Prize promotion: means :

    (a) a sweepstakes or other game of chance; or

    (b) an oral or written representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize. 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
  • Text Message: means a communication consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a ten-digit telephone number or N11 service code;

    (a) includes a short message service (commonly referred to as "SMS") message and a multimedia message service (commonly referred to as "MMS") message; and

    (b) does not include:

    (i) a real-time, two-way voice or video communication; or

    (ii) a message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in subitem (a). See South Carolina Code 37-21-20
  • Trustee: A person or institution holding and administering property in trust.