(A) No person may use a machine that electronically transmits facsimiles through connection with a telephone network to transmit unsolicited advertising material which offers to sell goods or services except as follows:
(1) where a prior or current business relationship exists between the sender and receiver;
(2) where the facsimile transmission is sent as a follow-up or response to a sales call, sales lead, or other business or association-related contact.
(B) A person aggrieved by a violation of the provisions of subsection (A) may bring a civil action to enjoin further violations and to recover the actual damages sustained by reason of the violation, together with costs and a reasonable attorney's fee, or two hundred dollars, whichever is greater.
HISTORY: 1991 Act No. 58, Section 1.
Editor's Note
Section 3 of 1991 Act No. 58, effective May 27, 1991, provides as follows:
"The provisions of this act do not apply to persons submitting bids for services or materials to be used in connection with nonresidential construction projects."
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 75 - Suits Involving Miscellaneous Acts Of Wrongful Conduct
Section 15-75-10. Imputation of want of chastity to female.
Section 15-75-20. Loss of companionship of spouse.
Section 15-75-40. Definitions.
Section 15-75-50. Use of a facsimile machine to transmit unsolicited advertising material prohibited; exceptions; civil actions.