2017 South Carolina Code of Laws
Title 16 - Crimes and Offenses
CHAPTER 17 - OFFENSES AGAINST PUBLIC POLICY
Section 16-17-446. Regulation of automatically dialed announcing device (ADAD).
(A) "Adad" means an automatically dialed announcing device which delivers a recorded message without assistance by a live operator for the purpose of making an unsolicited consumer telephone call as defined in Section 16-17-445(A)(3). Adad calls include automatically announced calls of a political nature including, but not limited to, calls relating to political campaigns.
(B) Adad calls are prohibited except:
(1) in response to an express request of the person called;
(2) when primarily connected with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
(3) in response to a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.
(C) Adad calls which are not prohibited under subsection (B):
(1) are subject to Section 16-17-445(B)(1), (2), and (3);
(2) shall disconnect immediately when the called party hangs up;
(3) are prohibited after seven p.m. or before eight a.m.;
(4) may not ring at hospitals, police stations, fire departments, nursing homes, hotels, or vacation rental units.
(D) A person who violates this section, upon conviction, must be punished as provided in Section 16-17-445(F).
HISTORY: 1988 Act No. 656, Section 2; 1991 Act No. 89, Section 1.
Validity
For validity of this section, see Cahaly v. LaRosa, 25 F.Supp.3d 817 (D.S.C.,2014); 796 F.3d 399 (C.A.4 (S.C.)).
