(A) Notwithstanding another provision of law, a person may not, with the intent to defraud, harass, cause harm or wrongfully obtain anything of value, including, but not limited to, financial resources or personal identifying information as defined by § 16-13-510, make, place, or initiate a call or text message or engage in conduct that results in the display of misleading, false or inaccurate caller identification information on the receiving party’s telephone or otherwise circumvent caller identification technology that allows the receiving party to identify from what phone number, location, or organization the call or text message has originated from or misrepresent the origin and nature of the call or text message. A person may not, with the intent described in this subsection:

(1) display a South Carolina area code on the recipient’s caller identification system unless the person making, placing, or initiating the call or text message maintains a physical presence in the State; or

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Terms Used In South Carolina Code 37-21-50

  • Consumer: means a natural person who is the object of a telephone solicitation. See South Carolina Code 37-21-20
  • Person: means any individual, corporation, partnership, association, unincorporated organization, or other form of entity, however organized. See South Carolina Code 37-21-20
  • Telephone solicitation: means the initiation of a telephone call, or a text or media message sent, to a natural person's residence in the State, or to a wireless telephone with a South Carolina area code, for the purpose of offering or advertising a property, good, or service for sale, lease, license, or investment, including offering or advertising an extension of credit, prize promotion, or for the purposes of obtaining information that will or may be used for the direct solicitation thereof. See South Carolina Code 37-21-20
  • Telephone solicitor: means a person who makes, or causes another person to make, a telephone solicitation. See South Carolina Code 37-21-20
  • Text Message: means a communication consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a ten-digit telephone number or N11 service code;

    (a) includes a short message service (commonly referred to as "SMS") message and a multimedia message service (commonly referred to as "MMS") message; and

    (b) does not include:

    (i) a real-time, two-way voice or video communication; or

    (ii) a message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in subitem (a). See South Carolina Code 37-21-20

(2) display the receiving party’s telephone number on the contacted party’s caller identification system.

(B) the provisions of subsection (A) do not apply to a provider of landline or wireless communications services merely by virtue of its involvement in delivering a call or text message initiated by or on behalf of a third party, unless the provider provides substantial assistance or support to the telephone solicitor initiating the call when the provider knows or consciously avoids knowing such telephone solicitor is engaged in any act or practice that violates this chapter.

(C) A telephone solicitor who makes a telephone solicitation shall transmit the telephone number, and, when available by the telephone solicitor’s carrier, the name of the telephone solicitor; provided, however, that it is not a violation of this subsection to substitute the name of the person on behalf of whom the telephone solicitation is initiated and the customer service telephone number of that person. The number provided must permit, during regular business hours, a consumer to make a request not to receive telephone solicitations.

(D) This section shall not apply to:

(1) lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency, a State, or a political subdivision of a State, or of an intelligence agency of the United States; or

(2) activity engaged in pursuant to a court order that specifically authorizes the use of caller identification manipulation.

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