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South Carolina

SC

Telecom Compliance Reference — Updated January 2023

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$1,000

Registration

Not Required

OverviewCalling HoursConsentRegistrationDNCEnforcementCase LawLegislation

REI Wholesaling Telemarketing Compliance in South Carolina

Real estate investor cold calling and SMS compliance in South Carolina

Guide last reviewed: January 2025

⚠

Mini-TCPA State — S.C. Code § 16-17-446

South Carolina imposes stricter consent and calling requirements than federal TCPA.REI Wholesaling companies operating here face $1,000 per-violation penalties.

South Carolina REI Wholesaling Overview

South Carolina is a relatively friendly state for REI cold calling compared to Florida or Oklahoma. There is no state mini-TCPA with a private right of action, no state ATDS definition broader than federal, and no telemarketer registration requirement. The practical approach: manual dial cold prospects after DNC scrubbing, use automated systems only for contacts who gave written consent. Federal TCPA remains the primary legal risk — SC plaintiffs regularly file federal TCPA claims in the District of South Carolina.

Penalty/Violation

$1,000

Willful

$5,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Scrub all call lists against the federal National DNC Registry before every campaign,Manual (human) dialing is permitted for cold calling — SC has no state mini-TCPA creating additional ATDS liability,Comply with federal TCPA: prior express written consent required before using any ATDS or prerecorded messages to cell phones,Call only between 8:00 AM and 9:00 PM local time,Identify yourself, your company, and the purpose of the call within 30 seconds,If using automated calling equipment, ensure a live operator introduces the call within 2 seconds per SC § 16-17-446,Maintain opt-out and DNC scrub records,Do not assume FSBOs or public record leads constitute prior consent or an EBR,Existing business relationship exemption under SC law covers past sellers you have transacted with — manual calls only recommended,Monitor federal TCPA litigation trends — SC plaintiffs can still file federal TCPA suits even without a state mini-TCPA

What Gets Companies Sued

✗Common violations for REI wholesalers in SC: (1) Assuming no state mini-TCPA means no risk — federal TCPA still applies with $500-$1,500 per violation damages; (2) Using ringless voicemail or auto-text platforms without written consent; (3) Failing to scrub DNC lists before cold call campaigns; (4) Not identifying themselves within 30 seconds on cold calls; (5) Playing prerecorded messages without live operator introduction.

Special Exemptions

SC's existing business relationship exemption (§ 16-17-446(C)(2)) may cover past sellers for automated calls under state law, but federal TCPA requirements still apply independently. Manual dialing to non-DNC numbers remains the safest cold outreach method. No state registration requirement for telemarketers.

Key State Rules

Mini-TCPAYes
RegistrationNot Required
Class ActionsNot specified
Consent Requirements→Registration Details→DNC List→

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →