Notes

Live cold calling is permitted in SC with minimal state-level restrictions. Must comply with federal TCPA, scrub DNC lists, and call between 8 AM and 9 PM. SC does not require prior written consent for manual dialing — prior express consent (verbal or written) is sufficient. State penalties are criminal misdemeanors, not civil damages.

ATDS Definition

South Carolina does not define ATDS independently. Defaults to federal post-Duguid standard: equipment with capacity to use a random or sequential number generator to store or produce telephone numbers and dial such numbers.

Exemptions

Existing business relationship and prior consent exempt from automated call restrictions.

Statute

S.C. Code Ann. § 16-17-446; 47 U.S.C. § 227

Notes

SC has no state-level SMS-specific statute. Text messaging is governed by the federal TCPA. Prior express consent required for marketing texts; prior express written consent required if using an ATDS or sending to cell phones. The lack of a state mini-TCPA means no state private right of action for unwanted texts — federal TCPA is the primary enforcement mechanism.

ATDS Definition

South Carolina has no state-specific ATDS statute covering SMS. Federal TCPA ATDS definition (post-Duguid) applies.

Exemptions

Existing business relationship may provide limited exemption for transactional messages.

Statute

S.C. Code Ann. § 16-17-446; 47 U.S.C. § 227

Notes

AI-generated voice calls are treated as prerecorded/artificial voice under the FCC's February 2024 declaratory ruling. Prior express written consent required. SC has no specific AI voice statute, so federal rules control entirely. The FCC ruling makes AI voice calls subject to the same TCPA requirements as traditional robocalls.

ATDS Definition

No SC-specific definition for AI voice systems. Federal TCPA and FCC rules on artificial/prerecorded voice apply.

Statute

S.C. Code Ann. § 16-17-446; 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024

Notes

South Carolina specifically regulates prerecorded calls — a live operator must introduce the call within 2 seconds or the call violates the statute. Prior consent of the called party provides an exemption. Criminal penalty only (misdemeanor, up to $100 fine).

ATDS Definition

Prerecorded message delivery equipment is regulated under S.C. Code § 16-17-446. Must have live operator introduction or prior consent.

Exemptions

Prior consent and existing business relationship both provide exemptions.

Statute

S.C. Code Ann. § 16-17-446

Notes

Ringless voicemail is not addressed by South Carolina state law. The FCC has indicated that RVM drops constitute calls under the TCPA, requiring prior express written consent for marketing purposes. No state-level exemptions apply — federal TCPA is the sole governing authority for RVM in SC.

ATDS Definition

No SC-specific regulation. FCC treats ringless voicemail drops as calls under the TCPA, requiring prior express written consent for marketing messages.

Statute

47 U.S.C. § 227; FCC rulings on ringless voicemail

Notes

MMS messages are treated identically to SMS under federal TCPA. South Carolina has no separate state-level MMS statute. Prior express consent required; prior express written consent required if using automated systems for marketing MMS.

ATDS Definition

No SC-specific MMS regulation. Federal TCPA applies same as SMS.

Exemptions

Same exemptions as SMS — EBR for transactional messages.

Statute

47 U.S.C. § 227

Notes

South Carolina has no state-level junk fax statute. Federal Junk Fax Prevention Act and TCPA fax provisions govern. Prior express permission or an established business relationship required. Must include opt-out mechanism on all fax advertisements.

ATDS Definition

Federal Junk Fax Prevention Act and TCPA fax provisions apply. No SC-specific fax solicitation statute.

Exemptions

Established business relationship provides exemption under federal law.

Statute

47 U.S.C. § 227(b)(1)(C); Junk Fax Prevention Act