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Section 15-75-50. Use of a facsimile machine to transmit unsolicited advertising material prohibited; exceptions; civil actions.

SC Code § 15-75-50 (2019) (N/A)
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(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."

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Section 15-75-51. Notice not to transmit unsolicited material required prior to imposition of penalty.