Is South Carolina a one-party consent state?

§ 17-30-20 makes it a felony to intentionally intercept a wire, oral or electronic communication. Under § 17-30-30(C), it is lawful for a person to record a call they are a party to, or one where a party has given prior consent.

South Carolina is a one-party consent state, so the penalty applies to recording a call you are not a party to when no party has consented (§ 17-30-30(C)). That interception is a felony (§ 17-30-20), punishable by up to 5 years in prison, a fine of up to $5,000, or both (§ 17-30-50(A)). The person recorded can sue for actual damages but not less than $500 a day or $25,000, whichever is higher, plus punitive damages and attorney fees (§ 17-30-135(A)). The suit may be filed up to 5 years after a reasonable chance to discover the violation (§ 17-30-135(C)).

Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.

Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.

South Carolina's Telephone Privacy Protection Act bars sales calls outside 8 a.m. to 9 p.m. at the consumer's location without prior written consent (§ 37-21-30). At the start of the call, the caller must give a first and last name, the business it is calling for, a contact number and address, and the purpose of the call, and must end the call if the consumer does not want to hear the offer (§ 37-21-40). Calls to numbers on the National Do Not Call Registry are barred (§ 37-21-70(B)), and a person aggrieved can sue for $1,000 per violation, up to $5,000 if willful (§ 37-21-80).