If enacted, H3323 will significantly alter the landscape of telemarketing within South Carolina. It mandates that telemarketers cannot make calls before 8 a.m. or after 8 p.m. and restricts the number of calls made to a single individual on the same subject to three times within a 24-hour period. Furthermore, it establishes a rebuttable presumption that calls made to any area code within the state are directed toward South Carolina residents, reinforcing local jurisdiction over telemarketing policies.
Summary
House Bill 3323, known as the Telephone Solicitation Act, aims to amend the South Carolina Code of Laws by introducing regulations governing commercial telephonic sales calls. The bill defines key terms related to telemarketing and aims to prohibit certain practices, including the use of automated dialing systems and recorded messages without prior express written consent from the called party. The legislation intends to enhance consumer protection by requiring telemarketers to disclose their identity and adhere to specific guidelines regarding the timing and frequency of calls.
Contention
The bill has raised some points of contention among stakeholders. Supporters argue that it is necessary for protecting consumers against intrusive telemarketing practices and scams. On the other hand, detractors may consider the regulations too restrictive, potentially harming legitimate businesses that rely on telemarketing as a vital form of customer engagement. The legal obligations imposed on telemarketers to gain consent and disclose their identity could also complicate operations for smaller businesses new to compliance with these enhanced regulations.
Telephone solicitation; creating the Telephone Solicitation Act of 2022; prohibition of certain sales calls; action for relief; exemptions; effective date.