§ 25-1-4060 — Termination of contracts after receiving military orders; notice of termination; penalties; refunds; taxes.

(A) In addition to the rights and protections regarding consumer transactions, contracts, and service providers provided to a servicemember pursuant to Subchapter III, Chapter 50, Title 50 of the U.S.C., a servicemember may terminate a contract described in subsection (B) of this section at any time after the date the servicemember receives military orders to relocate for a period of service of at least ninety days to a location that does not support the contract. (B) This section applies to a contract to provide the following: (1) telecommunication services; (2) Internet services; (3) television services including, but not limited to, cable television, direct satellite, and other similarly comparable television services; (4) athletic club or gym memberships; or (5) satellite radio services. (C) A servicemember shall give to the service provider written or electronic notice of the termination and a written or electronic copy of the order to relocate, together with the date on which the service is to be terminated. If a servicemember, as defined in Section 25-1-4030(4), terminates a contract pursuant to this section, then the service provider shall inform the servicemember of the servicemember's rights posted on the South Carolina National Guard's Internet website pursuant to Section 25-1-4080. (D) The service provider may not impose an early termination penalty, charge, or fee for a contract terminated pursuant to this section. (E) Not later than sixty days after the termination date of the contract, the service provider shall refund to the servicemember any fee paid for a service that extends beyond the termination date of the contract. (F) The servicemember shall pay the tax or other contractual obligation or liability that is due and unpaid at the time of termination of the contract. (G) If the servicemember resubscribes to the service provided under the contract within ninety days of returning from military service, the service provider may not impose a charge or fee, other than the usual and customary charges and fees for the installation or acquisition of customer equipment imposed on other subscribers.

Legislative History

HISTORY: 2019 Act No. 23 (H.3180), SECTION 1, eff April 26, 2019. Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."