South Carolina law on contractor sites, calls, texts and quotes

Federal law applies in South Carolina as well. The TCPA governs texts and robocalls, and CAN-SPAM governs email. Details are in the TCPA guide and the recording guide. This page lists only what South Carolina adds. Treat it as general information as of October 2026 and not as legal advice. The statutes below were read on the legislature's own site.

What must your website and ads say about your license?

South Carolina does not have one rule for every trade. It has a few that bite, and which one applies depends on the license you hold. The first is a name rule. Under S.C. Code 40-11-370(B), it is unlawful for a licensed general or mechanical contractor to engage in construction under a name other than the exact name on the license. The statute says "engaging in construction" includes marketing, advertising, using site signs and submitting contracts. Vehicles are the one carve-out: advertising on a truck may use an abbreviated version of the licensed name, as long as it is not misleading.

On your site, the legal name from your license belongs in the footer, the contact page and any quote form, even if the logo uses a short brand name. Section 40-11-370(C) adds a penalty that matters more than a fine: an entity that contracts in a name other than the one on its license cannot sue in law or equity to enforce the contract. The same section bars using the term "licensed contractor" without holding the license.

HVAC contractors have a stricter rule. Section 40-11-270(B) and (C) require the mechanical license to be displayed at the principal place of business, require the license number on commercial vehicles used exclusively in the business, and require the license number on each invoice and proposal form. If you quote and invoice from software, the number needs to be a fixed field on those templates, not something typed in each time.

Home inspectors have their own advertising rule. Under S.C. Code 40-59-570, an advertisement by a licensed home inspector must include the licensee's name, business name, address and license number, and the statute defines an advertisement as any form of public notice, however disseminated. A web page counts.

The state rule for residential builders and specialty contractors does not name a number-in-ads requirement in the sections we read. It does attach a heavy penalty to working without the credential. Under section 40-59-30, offering residential building or specialty contracting without a license or registration is a misdemeanor, and the unlicensed person cannot file a mechanics' lien or sue to enforce the contract. Our South Carolina contractor licenses guide covers who needs which credential.

What extra rules apply to roofers who work insurance claims?

Section 40-59-25 sets four rules that reach advertising and contract templates. A builder or contractor may not advertise or promise to pay or rebate any part of an insurance deductible as an inducement to sell goods or services, and that includes discounts given in exchange for a yard sign. A builder or contractor may not represent or negotiate, or offer or advertise to represent or negotiate, a homeowner's insurance claim for roof repair or replacement. The deductible rule is a misdemeanor and grounds for suspension or revocation.

The contract rule is the one most likely to land on your quote form. When payment may come from an insurance policy, the contractor must give the insured a boldface statement of at least ten points and a detachable "Notice of Cancellation" form. They say the insured may cancel until midnight of the fifth business day after receiving written notice from the insurer that the claim is not a covered loss. The contractor may not require payment until that five-day period has expired, except for emergency services the insured acknowledged in writing. A roofing page that says "we handle your insurance claim" is a statement to rewrite, because the statute bars advertising that service. An owner may still ask a contractor to evaluate the roof and use that evaluation in their own negotiation.

Can you record calls in South Carolina?

Yes, when you are on the call. S.C. Code 17-30-30(C) makes it lawful for a person not acting under color of law to intercept a wire, oral or electronic communication when that person is a party to it or when one party gave prior consent. A recorded main line, call tracking and an AI receptionist that records callers all fit. If a caller could be in an all-party consent state, a short spoken notice is still the safer setup. We cover that in the recording guide.

What does South Carolina's 2018 phone act add to sales calls and texts?

The South Carolina Telephone Privacy Protection Act, S.C. Code 37-21-10 and following, took effect May 18, 2018. It is a state layer on top of the TCPA, and it reaches text and picture messages by name. A "telephone solicitation" is a call, text or media message to a person's residence in the state, or to a wireless phone with a South Carolina area code, that offers or advertises something for sale.

• Hours: no solicitation before 8:00 a.m. or after 9:00 p.m. at the consumer's location unless you hold the consumer's prior written consent (section 37-21-30).
• Opening disclosures: the caller gives a first and last name, the business on whose behalf the call is made, a phone number and address, the purpose of the call, and the option to be added to the in-house do-not-call list (37-21-40). A good-faith cost estimate and any no-refund policy must be disclosed at the time of the offer. If the person does not want to hear the offer, you end the contact immediately.
• Opt-outs: a request not to be contacted must be honored for at least five years (37-21-70(A)), and the National Do Not Call Registry is off limits for solicitations.
• Unanswered calls: if a live caller is not available within two seconds of the greeting, the call must play a recorded identification and offer a key-press opt-out that adds the number to your internal list and ends the call (37-21-60).
• Caller ID: sending misleading or false caller identification with intent to defraud, harass or cause harm is barred, and so is displaying a South Carolina area code with that intent unless you keep a physical presence in the state (37-21-50).

Two exclusions matter for a service company. A solicitation does not include contact with a consumer who gave signed written permission naming your business and the number, or a customer with an "established business relationship," defined in 37-21-20 as a purchase in the past eighteen months or an inquiry in the past three. The statute carves section 37-21-70 out of that exclusion, so a person who has told you to stop must still be left alone, and you need an internal do-not-contact list either way. Read literally, that same carve-out also applies the National Do Not Call Registry rule in 37-21-70(B) to customers you have a relationship with, so scrub them too unless a lawyer tells you otherwise.

The money is what makes this law different. A person aggrieved by a violation can sue for $1,000 per violation, up to $5,000 if the court finds the violation willful, plus attorneys' fees (37-21-80). The Attorney General can seek $5,000 per violation, and the Department of Consumer Affairs administrator can order penalties of up to $5,000 per violation (37-21-90). A bona fide error is a defense, and for do-not-call violations so is having reasonable practices in place, including a National Do Not Call Registry file pulled within thirty-one days of the solicitation. For a past-customer text campaign, that means a dated record of the list you scrubbed against, the time each message went out, and the opt-in you hold.

A customer who calls you is outside the definition, because a solicitation is something you initiate. In our reading, a missed-call text back to a person who just called your line follows their inquiry, which the statute treats as an established business relationship for three months. Our missed-call text back guide shows how the flow works.

When can a customer cancel a job they signed at home?

Article 5 of the Consumer Protection Code gives buyers a three-business-day right to cancel a "home solicitation sale." Under S.C. Code 37-2-501, that is a consumer credit sale of goods or services where you or someone acting for you personally solicits the sale and the buyer's agreement or offer is given to you at a residence. A customer who pays in full by cash or check with no credit involved may fall outside that definition, so ask a lawyer how it applies to your payment terms. The statute also excludes sales already covered by the federal Truth in Lending right of rescission. The statute treats a sale paid by credit card or a consumer loan as covered even when you extend no credit yourself. It excludes sales made entirely by mail or telephone, and sales following prior negotiations at a fixed business location.

Section 37-2-502 lets the buyer cancel until midnight of the third business day after signing, by written notice in any form to the address in the agreement. Mailing the notice counts as giving it. Section 37-2-503 requires a written agreement dated the day the buyer actually signs, with a statement titled "BUYER'S RIGHT TO CANCEL" (or the federal cooling-off notice), and a copy handed over at signing. If you skip the statement, the buyer can cancel by any means until you comply. After cancellation, you must return payments within ten days, and under 37-2-505(3) you are not entitled to compensation for services you performed.

The emergency exception is narrow. The buyer needs to sign a separate, dated statement that is not a printed form and describes the emergency, and you must have made a substantial beginning of performance in good faith. A checkbox in your booking tool does not meet it. Our reading is that a quote accepted on a tablet at the customer's kitchen table can be inside the rule when the customer finances or pays by card, while a job booked entirely through your website or by phone is outside it, because the statute excludes sales completed by mail or telephone and requires the agreement to be given at a residence. If your crew closes jobs at the door, build the notice into the signature screen. Other contract terms are in the service contract guide.

Does South Carolina put sales tax on your service invoices?

For most home services, no. The Department of Revenue says that if your service is not one of the services the law specifically taxes, you would not need a retail license, and it points to Chapter 117-308 of the SC Code of Regulations for the list of taxable services. Check that list for your trade. If you also sell taxable goods, the retail license fee is listed at $50 as of October 2026. The practical point for your website and payment links is that a quote or invoice for a non-taxable service should not carry a tax line at all. A contractor who installs materials should ask the Department how tax applies before pricing. The state-by-state detail is in our sales tax table.

What happens if your customer list is exposed?

A South Carolina business that owns or licenses computerized personal data must tell affected South Carolina residents about a breach in the most expedient time possible, without unreasonable delay (S.C. Code 39-1-90). The covered data is a name combined with an unencrypted Social Security number, driver's license number or state ID number, or a financial account or card number with the code that opens the account. Notice is required when illegal use has occurred or is reasonably likely, or when the information creates a material risk of harm. A business notifying more than 1,000 people must also notify the Consumer Protection Division of the Department of Consumer Affairs and the national credit reporting agencies. Violations carry civil damages and an administrative fine of $1,000 per resident whose information was accessible, for knowing and willful violations. Keep Social Security numbers and card numbers out of your CRM, your email and your photos folder, and the section mostly stops mattering.

What this means for your setup

Website: use the exact licensed name in the footer and on forms, keep the HVAC license number in the template if you hold that license, and drop any roofing line about handling insurance claims or covering a deductible. See our website service and the website checklist.

Business line and AI receptionist: recording calls you take part in is lawful, so a recording notice is a courtesy, not a requirement. Make outbound sales calls from 8 a.m. through 9 p.m. only. The AI receptionist answers inbound calls, and the phone act is about calls you start.

Email and texts: CAN-SPAM covers email nationally. For texts, store when each customer opted in, honor stop requests for five years, and scrub against the national list. A custom CRM can hold those records. Confirm any specific question with the Department of Consumer Affairs or a South Carolina attorney, because rules change.

Frequently asked questions