(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.)).
Editor's Note
Section 16-17-445 was deleted by 2018 Act No. 218, Section 2. See now, Chapter 21, Title 37.
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 17 - Offenses Against Public Policy
Section 16-17-10. Barratry prohibited.
Section 16-17-20. Persons convicted of barratry barred from practice of law.
Section 16-17-30. Liability of corporations and unincorporated associations.
Section 16-17-50. Article is cumulative.
Section 16-17-210. Definitions.
Section 16-17-220. Desecration or mutilation of United States, Confederate or State flags.
Section 16-17-230. Presumption from possession.
Section 16-17-310. Imitation of organizations' names, emblems and the like.
Section 16-17-320. Injunction to restrain improper use of name and emblems.
Section 16-17-410. Conspiracy.
Section 16-17-420. School disturbances by nonstudents; penalties.
Section 16-17-425. Student threats.
Section 16-17-430. Unlawful communication.
Section 16-17-440. Venue for prosecution under Section 16-17-430.
Section 16-17-446. Regulation of automatically dialed announcing device (ADAD).
Section 16-17-450. Refusal to relinquish party telephone line for emergency call.
Section 16-17-470. Eavesdropping, peeping, voyeurism.
Section 16-17-480. Section 16-17-470 not applicable to law officers.
Section 16-17-490. Contributing to delinquency of a minor.
Section 16-17-495. Custodial interference.
Section 16-17-501. Definitions.
Section 16-17-502. Distribution of tobacco product or alternative nicotine product samples.
Section 16-17-503. Enforcement; reporting requirements.
Section 16-17-504. Implementation; local laws.
Section 16-17-506. Sale of e-liquid containers; restrictions.
Section 16-17-510. Enticing enrolled child from attendance in school.
Section 16-17-520. Disturbance of religious worship.
Section 16-17-525. Wilfully, knowingly or maliciously disturbing funeral service; penalties.
Section 16-17-530. Public disorderly conduct; conditional discharge for first-time offenders.
Section 16-17-540. Bribery with respect to agents, servants or employees.
Section 16-17-550. Bribery of athletes and athletic officials.
Section 16-17-570. Interference with fire and police alarm boxes; giving false alarms.
Section 16-17-580. Removing State line marks.
Section 16-17-610. Soliciting emigrants without licenses.
Section 16-17-620. Exemption of solicitors of farm laborers to work in adjacent states.
Section 16-17-630. Exemption of solicitors of household or domestic employees.
Section 16-17-650. Cockfighting.
Section 16-17-660. Using dry wells for sewerage in towns of 500 or over.
Section 16-17-670. Record kept by dealers in crossties.
Section 16-17-690. Fortunetelling for purpose of promoting another business.
Section 16-17-710. Resale of ticket to event; price restriction; exceptions; penalties.
Section 16-17-720. Impersonating law enforcement officer.
Section 16-17-722. Filing of false police reports; knowledge; offense; penalties.
Section 16-17-730. Charges for political advertisements in newspapers.
Section 16-17-740. Sale or possession of "cigarette load"; penalty.