Texting laws · South Carolina
South Carolina texting laws for businesses
What S.C. Code §§ 37-21-10 to 37-21-110 says about a business texting customers in South Carolina, read from the statute.
Texting laws by stateStatute read October 29, 2026
The law
| Law | South Carolina Telephone Privacy Protection Act |
| Citation | S.C. Code §§ 37-21-10 to 37-21-110 |
| In force | May 18, 2018 |
| Covers texts? | Yes, by name. '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 a sales purpose. |
| Applies to | Solicitations to encourage the purchase or rental of, or investment in, property, goods or services, among other purposes. |
The rules
| Rule | What the statute says | Section |
|---|---|---|
| Hours | Only 'between 8:00 a.m. and 9:00 p.m. local time at the consumer's location, unless the telephone solicitor has obtained the prior written consent of the consumer'. | § 37-21-30 |
| Opt-outs | A request not to receive solicitations 'must be honored for at least five years from the time the request is made'. | § 37-21-70(A) |
| National do-not-call registry | No solicitation to a number on the National Do Not Call Registry. | § 37-21-70(B) |
| Disclosures | Identify the solicitor and the business, the purpose, and offer to add the consumer to the in-house do-not-call list. | § 37-21-40 |
Texting a customer who contacted you first
- 'Telephone solicitation' excludes, 'except for the purposes of Section 37-21-70', a solicitation to a consumer with prior express permission 'evidenced by a signed or electronically signed, written agreement', or with whom there is an established business relationship (§ 37-21-20).
- An 'established business relationship' is based on a purchase from, or transaction with, the business 'within the eighteen months immediately preceding the solicitation date', or an inquiry or application within the preceding three months (§ 37-21-20(2)).
- Because of the 'except for the purposes of Section 37-21-70' wording, those exclusions do not reach the opt-out and do-not-call rules.
This matters for missed-call text-back, which replies to someone who just called the business. Federal rules and the reply-versus-marketing line are covered in is missed-call text-back legal?
Penalties
A person may sue 'to recover actual losses in addition to damages in the amount of one thousand dollars for each violation', which a court may raise to 'not exceeding five thousand dollars for each violation' if willful, plus attorney fees. It is a defense that a violation was unintentional and 'resulted from a bona fide error' (§ 37-21-80).
Questions
Does South Carolina law cover text messages from businesses?
Yes, by name. '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 a sales purpose.
What happens if a business breaks South Carolina's texting law?
A person may sue 'to recover actual losses in addition to damages in the amount of one thousand dollars for each violation', which a court may raise to 'not exceeding five thousand dollars for each violation' if willful, plus attorney fees. It is a defense that a violation was unintentional and 'resulted from a bona fide error' (§ 37-21-80).
Can a business text a customer who contacted it first in South Carolina?
'Telephone solicitation' excludes, 'except for the purposes of Section 37-21-70', a solicitation to a consumer with prior express permission 'evidenced by a signed or electronically signed, written agreement', or with whom there is an established business relationship (§ 37-21-20). An 'established business relationship' is based on a purchase from, or transaction with, the business 'within the eighteen months immediately preceding the solicitation date', or an inquiry or application within the preceding three months (§ 37-21-20(2)). Because of the 'except for the purposes of Section 37-21-70' wording, those exclusions do not reach the opt-out and do-not-call rules.
Sources
Read October 29, 2026. Federal law (the TCPA and FCC rules) applies on top of state law everywhere. This page describes what the statute says. It is general information, not legal advice, and it does not cover your message content or your industry. Talk to a lawyer before relying on it.