(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.
South Carolina Legal Code