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South Carolina and the United States have laws that regulate text messaging, including opt-in requirements for businesses: 

  • Opt-in requirements
    Businesses must obtain written consent, or an opt-in, before sending text messages to customers. This includes businesses that already have a customer’s phone number. 

Cold texting is illegal. It is also illegal to send a text message asking a customer to opt-in to a text program. 

  • Misleading text messages
    It is illegal to send text messages with the intent to defraud, harass, cause harm, or wrongfully obtain anything of value. 
  • Penalties
    Businesses that violate the Telephone Consumer Protection Act (TCPA) can be fined up to $1,500 per text message or phone call. 
  • Opt-out requirements
    Businesses must provide an easy way for customers to opt-out of receiving text messages. 
  • Disclosure requirements
    Businesses must include a comprehensive opt-in message that discloses the business name, purpose of the message, data rate notices, and frequency of texts. 
  • Do Not Call Registry
    Businesses should respect the Federal Trade Commission (FTC) National Do Not Call Registry and honor opt-outs. 
  • State Do Not Call Lists
    Businesses should observe applicable state Do Not Calls lists that reference text marketing.