South Carolina TCPA and telemarketing law
South Carolina has its own telemarketing statute with a private right of action.
| Statute | S.C. Code Ann. § 37-21-10 et seq. | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | Not yet verified | |
| Private right of action | Yes | ↗ |
| Statutory damages | $1,000 / violation · up to $5,000 willful | ↗ |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
The South Carolina Telephone Privacy Protection Act, in effect since May 18, 2018, covers telephone calls and text or media messages that offer goods, services, credit or prize promotions to South Carolina residences or to cell phones with a South Carolina area code. Solicitors may call only between 8 a.m. and 9 p.m. unless they have the consumer's prior written consent, must identify themselves and the purpose of the call, must honor do-not-call requests for at least five years, may not call numbers on the National Do Not Call Registry, and may not spoof caller ID.
The Act does not require consent to place a solicitation call. A consumer harmed by a violation can sue for an injunction, actual losses plus $1,000 per violation, up to $5,000 per violation if the court finds it wilful, and attorneys' fees. The state can impose penalties of up to $5,000 per violation.