“A person who is aggrieved by a violation of this chapter is entitled to initiate an action to enjoin the violation and to recover actual losses in addition to damages in the amount of one thousand dollars for each violation.” That’s S.C. Code § 37-21-80, the private remedy in the South Carolina Telephone Privacy Protection Act. The Act reaches texts to South Carolina area codes and allows fee awards. It also gives defendants two defenses built on records most compliant companies already keep.
Who does the Act cover?
Anyone who calls or texts a South Carolina home or a wireless number with a South Carolina area code to sell something.
The definition in § 37-21-20 reaches “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,” to offer or advertise goods, services, credit, or a prize promotion. The area-code test cuts both ways. A customer who moved to Charlotte but kept an 803 number is covered, and a South Carolina resident with an out-of-state cell number may not be.
The definition excludes several categories, except for purposes of the Do Not Call section: solicitations made with written consent “stating that the person agrees to be contacted by or on behalf of a specific party and including the telephone number,” solicitations to consumers with an established business relationship or personal relationship, and calls by insurers licensed under Title 38. An established business relationship means a purchase or transaction within 18 months, or an inquiry or application within three months.
What does the Act require during a call?
Calling hours, detailed opening disclosures, accurate caller ID, and an opt-out mechanism for prerecorded messages.
Solicitations are allowed only “between 8:00 a.m. and 9:00 p.m. local time at the consumer’s location” without prior written consent, under § 37-21-30. Section 37-21-40 requires the caller to give “a first and last name to identify himself,” the seller’s name, a telephone number and address, the purpose of the call, and the option to be placed on the in-house do-not-call list. If the consumer doesn’t want to hear the offer, the caller “must immediately end the contact.”
Caller ID gets two separate rules. Section 37-21-50(A) bars misleading caller ID made “with the intent to defraud, harass, cause harm or wrongfully obtain anything of value,” including displaying a South Carolina area code without a physical presence in the state. Subsection (C) requires every solicitor to transmit its number, and allows substituting the seller’s name and customer service number.
When no live agent is available “within two seconds of the completed greeting,” § 37-21-60 requires a prerecorded identification and opt-out message with an automated key-press or voice opt-out.
What are the Do Not Call rules?
No solicitations to numbers on the National Registry or to anyone who asked the seller to stop, with opt-outs honored for five years.
Section 37-21-70 provides that “Any request not to receive telephone solicitations must be honored for at least five years from the time the request is made.” Registry numbers are off-limits too. Consent and business-relationship exclusions don’t apply here, but a request not to be contacted overrides them anyway.
What does a violation cost?
$1,000 per violation plus actual losses, up to $5,000 per violation if willful, and possible fees.
A court that “finds a wilful violation” may increase the award “to an amount not exceeding five thousand dollars for each violation,” and may award “reasonable attorneys’ fees and court costs,” under § 37-21-80. Small claims can be filed in magistrates court. The state can also act: the Department of Consumer Affairs and the Attorney General may seek penalties of up to $5,000 per violation under § 37-21-90.
The fee provision is the real driver. A plaintiff with a handful of texts can make a case expensive to defend, which is why early evaluation of the defenses matters more here than in most states.
Federal claims usually come along. The TCPA allows $500 per violation, up to $1,500 if willful or knowing, and the federal Do Not Call rules in 47 C.F.R. § 64.1200 overlap with § 37-21-70.
What defenses does the Act provide?
A bona fide error defense for any private claim, and a due-care defense for Do Not Call claims.
Section 37-21-80(E) states: “It must be a defense to any action brought under this section that the violation was not intentional and resulted from a bona fide error.” That defense applies to every private claim under the chapter, from calling hours to disclosures.
For Do Not Call claims, § 37-21-70(C) makes it an affirmative defense that the defendant “has established and implemented, with due care, reasonable practices and procedures” to prevent violations, including using a version of the National Registry obtained “no more than thirty-one days prior to the date a telephone solicitation is made.” That 31-day scrub record is the single most useful document in a South Carolina defense.
| South Carolina rule | Section | Private exposure | Defense to develop |
|---|---|---|---|
| Calling hours 8 a.m. to 9 p.m. | 37-21-30 | $1,000 per violation; up to $5,000 if willful; fees | Prior written consent; bona fide error |
| Opening disclosures | 37-21-40 | Same | Recordings and scripts; bona fide error |
| Caller ID transmission and spoofing | 37-21-50 | Same | Seller name and number substitution; no intent |
| Prerecorded opt-out message | 37-21-60 | Same | Live agent within two seconds |
| Do Not Call and opt-outs | 37-21-70 | Same | Due care with a 31-day Registry version |
Steps to take when a South Carolina claim arrives
- Put a litigation hold on call and text logs, platform data, and consent records for the South Carolina numbers involved.
- Export opt-out and in-house do-not-call records with dates, going back five years.
- Pull National Registry download dates to show each campaign used a version under 31 days old.
- Gather scripts, prerecorded message files, and vendor contracts, along with caller ID settings.
- Have a lawyer review the claim before replying, contacting the consumer, or offering a payment.
South Carolina demand letters often lead with the fee provision. The bona fide error defense and the scrub records are what answer it. More on how businesses defend telemarketing claims is available, and a recent post covers North Dakota’s solicitation law for texts.
Questions about the South Carolina Telephone Privacy Protection Act
Does the Act apply to marketing texts?
Yes. The definition covers “a text or media message sent” to a South Carolina residence or to a wireless number with a South Carolina area code. Marketing texts to those numbers need the same calling-hours and Do Not Call handling as a voice call.
Is consent enough to avoid every claim?
No. Written consent removes a message from the definition of a telephone solicitation for most purposes, but not for § 37-21-70. A consumer who later asks not to be contacted must be suppressed, and that request lasts at least five years.
Can an out-of-state company display a South Carolina area code?
Not with the intent described in § 37-21-50(A), unless it maintains a physical presence in South Carolina. Showing the seller’s own customer service number is expressly allowed, which is the safer configuration for out-of-state callers.
Does a single mistaken text create liability?
Not necessarily. Section 37-21-80(E) makes it a defense that a violation “was not intentional and resulted from a bona fide error.” Documented procedures and timely Registry downloads are what make that defense credible.
Defending South Carolina telemarketing claims
If your company has received a demand or lawsuit under the South Carolina Telephone Privacy Protection Act, the bona fide error defense and the Registry download dates usually set the value of the claim. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving marketing texts to state area codes. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
S.C. Code Ann. §§ 37-21-10 to 37-21-100; 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of May 14, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.