S.C. Code Ann. § 37-17-40 — SC Code / Title 37 / Chapter 17 / Section 37-17-40
SECTION 37-17-40. Registration and renewal; list of authorized representatives and marketers.
Status: in_force

(A) A discount medical plan organization applying for an initial or renewal registration must submit: (1) a formal application in the form and detail the administrator requires; (2) if a corporation: (a) articles of incorporation; and (b) proof of existence and good standing from the Secretary of State's office; (3) a bond in a form to be prescribed by the department in the amount of fifty thousand dollars denoting the department as beneficiary; (4) the most recent financial statement prepared in accordance with generally accepted accounting principles and certified by two principal officers of the applicant or, if the applicant is not a corporation, other persons the administrator requires; provided that an applicant that is a subsidiary of a parent entity that is publicly traded and that prepares audited financial statements reflecting the consolidated operations of the parent entity and the subsidiary may submit, in lieu of the certified financial statement of the applicant, the audited financial statement of the parent; (5)(a) a filing fee of five hundred dollars if the list of representatives provided by the discount medical plan organization contains no more than a total of fifty representatives; (b) a filing fee of seven hundred and fifty dollars if the list of representatives provided by the discount medical plan organization contains a total of fifty-one to one hundred representatives; (c) a filing fee of one thousand dollars if the list of representatives provided by the discount medical plan organization contains more than one hundred representatives; (6) a description of: (a) the offered plan, (b) advertising and solicitation brochures, (c) any cards or other purchasing mechanisms, and (d) customer enrollment materials, any of which the discount medical plan organization uses or intends to use; and (7) other relevant material information required by the administrator. (B) Registration is annually on a form prescribed by the department. An annual filing fee must accompany each filing and be retained by the department for purposes of administering the filings. The registration runs from February first until January thirty-first, and the annual renewal period begins January first and ends on January thirty-first. A discount medical plan organization who files its renewal on a timely basis may continue operating unless the registration is denied or revoked by the department. (C) A discount medical plan organization shall provide annually to the department at the time of initial registration with a list of all representatives and marketers authorized to sell, market, promote, advertise, or distribute to customers a discount medical plan of the discount medical plan organization by January thirty-first of each year and the department may make inquiry on specific marketers or representatives on a case by case basis. With regard to a renewal or a subsequent registration, the discount medical plan organization shall provide annually to the department at the time of renewal or subsequent registration with a list of all representatives and marketers authorized to sell, market, promote, advertise, or distribute to customers a discount medical plan of the discount medical plan organization, whereas this list shall include any additional representatives and/or marketers since the last list provided by the discount medical plan organization to the department.
S.C. Code Ann. § 37-7-107 — SC Code / Title 37 / Chapter 7 / Section 37-7-107
SECTION 37-7-107. Issuance or denial of license; contents and posting; renewal.
Status: in_force

(A) Upon the filing of a complete application for a license, accompanied by the fee required, if the department finds that the financial responsibility and condition, character, qualifications, and general fitness of the applicant, and of the members if the applicant is a co-partnership, association, or limited liability company, and of the officers and directors if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business may be operated honestly, fairly, and in accordance with all applicable state and federal laws, it shall license the applicant and issue a license. If the department does not so find, it shall refuse to license the applicant and shall notify him of the denial. (B) Upon the receipt of the license, a licensee may engage in the business for which the license is issued. The issued license is nontransferable and nonassignable. (C) Each license issued to a licensee must state the address or addresses at which the business is to be conducted and must state fully the name of the licensee and the date of the license. A copy of the license must be posted prominently in each place of business of the licensee. (D) A license issued pursuant to this section expires on December thirty-first of each year. A license must be renewed by filing with the department, at least thirty days before the expiration of the license, a complete renewal application, containing the information the department requires to determine the existence and effect of any material changes from the information contained in the applicant's original application, annual reports, or previous renewal application. Each credit counseling organization renewal application must be accompanied by a nonrefundable fee of one hundred dollars for each business location. Each credit counselor renewal application must be accompanied by a nonrefundable fee of forty dollars.
S.C. Code Ann. § 37-17-60 — SC Code / Title 37 / Chapter 17 / Section 37-17-60
SECTION 37-17-60. Application of chapter.
Status: in_force

This chapter does not apply to: (1) a pharmacy holding a permit or a company that owns one or more pharmacies holding a permit issued pursuant to Chapter 43, Title 40, that offers prescription discounts only from pharmacies; (2) a benefit or program offered by a health insurer, health care service contractor, or health maintenance organization regulated pursuant to Title 38. A health insurer, health care service contractor, or health maintenance organization regulated pursuant to Title 38 that offers a discount medical plan that is not offered in conjunction with a health insurance plan it administers shall provide the department written notice of the name under which such a discount medical plan is offered and the telephone number and mailing address at which the plan can be contacted. The notice required by this subsection shall be provided to the department within thirty days of the initial offering of new medical discount plans in this State, and within ninety days of the effective date of this chapter for existing plans; (3) an insured benefit administered by, or under contract with, the State of South Carolina; or (4) a patient access program voluntarily sponsored by a pharmaceutical manufacturer, or a consortium of pharmaceutical manufacturers that provides free or discounted products directly to individuals either through a discount or direct shipment.
S.C. Code Ann. § 37-6-112 — SC Code / Title 37 / Chapter 6 / Section 37-6-112
SECTION 37-6-112. Temporary relief.
Status: in_force

With respect to an action brought to enjoin violations of the title (Section 37-6-110) or unconscionable agreements or fraudulent or unconscionable conduct (Section 37-6-111), the administrator may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in conduct sought to be restrained, it may grant any temporary relief or restraining order it deems appropriate.
S.C. Code Ann. § 37-7-112 — SC Code / Title 37 / Chapter 7 / Section 37-7-112
SECTION 37-7-112. Fees.
Status: in_force

A licensee may not charge a consumer a fee except as established by the department by regulation.
S.C. Code Ann. § 37-30-150 — SC Code / Title 37 / Chapter 30 / Section 37-30-150
SECTION 37-30-150. Cancellation of GAP waiver.
Status: in_force

(A)(1) A GAP waiver must include a term stating that if a borrower cancels the waiver within the free-look period, the borrower is entitled to a full refund if no benefits have been provided under the GAP waiver. (2) A creditor may not charge a fee to a borrower related to the cancellation of a GAP waiver. (B) A GAP waiver may be either cancellable or noncancellable after the free-look period. A GAP waiver must include: (1) a statement of whether or not the GAP waiver is cancellable or noncancellable after the expiration of the free-look period; and (2) if the waiver is cancellable, all of the following terms apply: (a) a statement that in the event of a borrower's cancellation of the GAP waiver or early termination of the finance agreement, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver; and (b) the procedures by which a borrower may cancel the waiver. This term must include a requirement that if the underlying finance agreement is terminated, cancellation must be made by providing a written request to the creditor, manager, or other party within ninety days of the event terminating the finance agreement. (C) A cancellation refund under subsections (A) and (B) may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower shows that the finance agreement has been paid in full. (D) If the purchase price of the GAP waiver is not financed, the creditor shall either provide a refund directly to the borrower or provide the borrower the option to either receive a refund of the unearned purchase price directly or to have the refund applied to reduce the amount owed under the borrower's finance agreement. Editor's Note 2015 Act No. 31, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
S.C. Code Ann. § 37-3-515 — SC Code / Title 37 / Chapter 3 / Section 37-3-515
SECTION 37-3-515. Loan renewal limitations.
Status: in_force

A licensed lender may not renew a loan of one thousand dollars or less more than one time during any fifteen-month period where the dollars actually given to the customer is less than ten percent of the net outstanding loan balance at the time of renewal. Part 6 Loans Other Than Consumer Loans
S.C. Code Ann. § 37-11-40 — SC Code / Title 37 / Chapter 11 / Section 37-11-40
SECTION 37-11-40. Determination of financial responsibility of applicant for license.
Status: in_force

(A) Within sixty days of the receipt of a completed application for a license, the department shall determine whether the continuing care retirement community is financially responsible and can meet its obligations to residents or prospective residents. (B) In making this determination for a license, the department may consider the project feasibility document provided pursuant to Section 37-11-30(B)(11), which is deemed trade secret and must include at least the following: (1) a statement of the purpose and need for the facility; (2) a description of the proposed facility, including the location, size, number of units to be constructed, anticipated completion date, and the proposed construction program; (3) an identification and evaluation of the primary market areas and assumptions as to the secondary market areas, as well as the proposed unit sales per month; (4) projected revenues from all sources, including: (a) anticipated entrance fees; (b) monthly service fees; (c) nursing care rates, if applicable; and (d) the total amount of financing required; (5) projected expenses, including: (a) staffing requirements and salaries; (b) property, plant, and equipment costs, including depreciation expense; (c) interest expense; (d) marketing expenses; and (e) other operating expenses; (6) current assets and liabilities of the applicant; (7) expectations of the financial condition of the facility, including the projected cash flow and a projected balance sheet and an estimate of the funds anticipated to be necessary to cover start-up losses; (8) the inflation factor, if any, assumed in the study for the proposed facility and how and where it is applied; (9) financial forecasts or projections prepared in accordance with standards promulgated by the American Institute of Certified Public Accountants, or in accordance with standards for feasibility studies for continuing care retirement communities promulgated by the Actuarial Standards Board, and an independent evaluation and opinion by the consultant who prepared the study of the underlying assumptions used as the basis for the forecasts or projections in the study. The study shall take into account facility costs, marketing projections, resident fees and charges, competition, resident contract provisions, and other factors which affect the feasibility of the study; (10) an opinion letter prepared by the person who prepared the study as to the financial feasibility of the facility; (11) the name, address, and telephone number of the person who prepared the feasibility study and the experience of the person in preparing similar studies or otherwise consulting in the field of continuing care; and (12) a detailed written statement regarding the specific provisions taken, or to be taken, to enable the applicant to perform its obligations fully under contracts to provide continuing care. The provisions may include surety bonds, financial reserves, letters of credit, adequacy of working capital and actual and projected occupancy rates, and other financial arrangements or assurances as permitted in this section. (C) In making this determination for a final license, the department may consider, without limitation, the following in addition to the items listed in subsection (B): (1) the financial soundness of the arrangements for board, lodging, or medical, nursing, or health-related services and the schedule of charges used in connection with them; (2) the adequacy of working capital; (3) if the continuing care contract provides for services for the life of the person or for more than one year including mutually terminable contracts, a surety bond, financial reserves, letter of credit, or other financial arrangement to guarantee the performance of contractual obligations; (4) an agreement with providers for the provision of health care or health-related services. Effect of Amendment 2022 Act No. 197, SECTION 4, rewrote the section.
S.C. Code Ann. § 37-2-206 — SC Code / Title 37 / Chapter 2 / Section 37-2-206
SECTION 37-2-206. Credit service charge on consolidation.
Status: in_force

If a buyer owes an unpaid balance to a seller with respect to a consumer credit sale, refinancing, or consolidation, and becomes obligated on another consumer credit sale, refinancing, or consolidation with the same seller, the parties may agree to a consolidation resulting in a single schedule of payments pursuant to either of the following subsections: (1) The parties may agree to refinance the unpaid balance with respect to the previous sale pursuant to the provisions on refinancing (Section 37-2-205) and to consolidate the amount financed resulting from the refinancing by adding it to the amount financed with respect to the subsequent sale. The seller may contract for and receive a credit service charge based on the aggregate amount financed resulting from the consolidation at a rate not exceeding that permitted by the provisions on credit service charge for consumer credit sales (Section 37-2-201). (2) The parties may agree to consolidate by adding together the unpaid balances with respect to the two sales.
S.C. Code Ann. § 37-2-208 — SC Code / Title 37 / Chapter 2 / Section 37-2-208
SECTION 37-2-208. Advances to perform covenants of buyer.
Status: in_force

(1) If the agreement with respect to a consumer credit sale, refinancing, or consolidation contains covenants by the buyer to perform certain duties pertaining to insuring or preserving collateral and the seller pursuant to the agreement pays for performance of the duties on behalf of the buyer, the seller may add the amounts paid to the debt. Within a reasonable time after advancing any sums, he shall state to the buyer in writing the amount of the sums advanced, any charges with respect to this amount, and any revised payment schedule and, if the duties of the buyer performed by the seller pertain to insurance, a brief description of the insurance paid for by the seller including the type and amount of coverages. No further information need be given. (2) A credit service charge may be made for sums advanced pursuant to subsection (1) at a rate not exceeding the rate stated to the buyer pursuant to the provisions on disclosure (part 3) with respect to the sale, refinancing, or consolidation, except that with respect to a revolving charge account the amount of the advance may be added to the unpaid balance of the account and the seller may make a credit service charge not exceeding that permitted by the provisions on credit service charge for revolving charge accounts (Section 37-2-207).
S.C. Code Ann. § 37-5-111 — SC Code / Title 37 / Chapter 5 / Section 37-5-111
SECTION 37-5-111. Cure of default.
Status: in_force

(1) With respect to a secured or unsecured consumer credit transaction payable in two or more installments, except as provided in subsection (2), after a default consisting only of the consumer's failure to make a required payment, a creditor, because of that default, may neither accelerate maturity of the unpaid balance of the obligation, nor take possession of or otherwise enforce a security interest in goods that are collateral until twenty days after a notice of the consumer's right to cure (Section 37-5-110) is given. Until expiration of the minimum applicable period after the notice is given, the consumer may cure all defaults consisting of a failure to make the required payment by tendering the amount of all unpaid sums due at the time of the tender, without acceleration, plus any unpaid delinquency or deferral charges. Cure restores the consumer to his rights under the agreement as though the defaults had not occurred. (2) With respect to defaults on the same obligation and subject to subsection (1), after a creditor has once given notice of consumer's right to cure (Section 37-5-110), this section gives the consumer no right to cure and imposes no limitation on the creditor's right to proceed against the consumer or goods that are collateral or which are rented or the lessor's right to recover the property. For the purpose of this section, in credit extended pursuant to a revolving charge or revolving loan account, the obligation is the unpaid balance of the account and there is no right to cure and no limitation on the creditor's rights with respect to a default that occurs within twelve months after an earlier default as to which a creditor has given a notice of consumer's right to cure (Section 37-5-110). (3) Notwithstanding subsection (1), with respect to consumer rental-purchase agreements, with payments or options to renew which are monthly or less frequent than monthly, after a default consisting of failure to renew and failure to return the property, a lessor may not instigate court action to recover rented property until five days after the notice of the consumer's right to cure (Section 37-5-110) is given. (4) Notwithstanding subsection (1), with respect to consumer rental-purchase agreements with payments or options to renew more frequently than monthly, after default consisting of failure to renew or return the property, a lessor may not instigate court action to recover rented property until three days after notice of the consumer's right to cure (Section 37-5-110) is given. (5) With respect to all consumer rental-purchase agreements until expiration of the minimum applicable period after notice is given, the consumer may cure all defaults consisting of failure to renew and failure to return the property by tendering the amount of all unpaid sums due at the same time of the tender plus any unpaid delinquency charges or other charges authorized by Part 7, Chapter 2. (6) This section and the provisions on waiver, agreements to forego rights, and settlement of claims (Section 37-1-107) do not prohibit a consumer from voluntarily surrendering possession of goods which are collateral or which are rented, and the creditor from thereafter accelerating maturity of the obligation and enforcing the obligation and his security interest in the goods at any time after default. In any enforcement proceeding, however, the creditor shall affirmatively plead and prove either that the notice to cure is not required or that the creditor has given the required notice, but the failure to so plead does not invalidate any action taken by the creditor that is otherwise lawful and if the creditor has rightfully repossessed any collateral the repossession does not constitute conversion. (7) Any repossession of collateral or rented property in violation of this section is void and the creditor is liable for conversion.
S.C. Code Ann. § 37-10-105 — SC Code / Title 37 / Chapter 10 / Section 37-10-105
SECTION 37-10-105. Violations; civil actions.
Status: in_force

(A) If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one thousand five hundred dollars and not more than seven thousand five hundred dollars. No debtor may bring a class action for a violation of this chapter. No debtor may bring an action for a violation of this chapter more than three years after the violation occurred, except as set forth in subsection (C). The three-year statute of limitations applies to actions commenced after May 2, 1997. No inference should be drawn as to the applicable statute of limitations for any pending actions. This subsection does not bar a debtor from asserting a violation of this chapter in an action to collect a debt which was brought more than three years from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action. (B) No creditor may be held liable in an action brought under this section for a violation of this chapter if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. (C) If the court finds as a matter of law that the agreement or transaction is unconscionable pursuant to Section 37-5-108 at the time it was made, or was induced by unconscionable conduct, the court may, in an action other than a class action: (1) refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court determines to have been unconscionable at the time it was made; (2) enforce the remainder of the agreement without the unconscionable term or part, or limit the application of the unconscionable term or part to avoid an unconscionable result; (3) rewrite or modify the agreement to eliminate an unconscionable term, part, or result and enforce the new agreement; or (4) award: (a) not more than the total amount of the loan finance charge and allow repayment of the unpaid balance of the loan without any finance charge; (b) not more than double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party; and (c) attorney's fees and costs. An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt. (D) In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs of the action and to his attorneys their reasonable fees. In determining attorneys' fees, the amount of the recovery on behalf of the debtor is not controlling.
S.C. Code Ann. § 37-6-606 — SC Code / Title 37 / Chapter 6 / Section 37-6-606
SECTION 37-6-606. Petitions filed by advocate with regulatory agencies in interest of consumers.
Status: in_force

(A) Except as provided in Section 37-6-604(C), whenever the Consumer Advocate determines that it would be in the interest of consumers affected by regulatory agencies, he may file with the appropriate regulatory agency a petition requesting the regulatory agency to commence or complete a proceeding respecting any organization whose operations substantially affect the consumer interest. (B) The petition must state facts which claim to establish the need for the proceeding and a brief description of the substance of the order or amendment desired as a result of the proceeding. (C) The regulatory agency may hold a public hearing or may conduct an investigation or proceeding as the regulatory agency considers appropriate in order to determine whether or not the petition should be granted. (D) Within sixty days after the filing of the petition described in subsection (A), the regulatory agency must either grant or deny the petition. If the agency grants the petition, it must promptly commence or complete the proceeding, as requested by the petition. If the agency denies the petition, it must publish the reasons for the denial. (E) If the regulatory agency denies the petition made under this section or, if it fails to grant or deny the petition within sixty days, the petitioner may commence a civil action in the circuit court to compel the regulatory agency to commence or complete the proceeding as requested in the petition. The action may be filed by the petitioner thirty days after the denial of the petition or, if the agency fails to grant or deny the petition within sixty days, within thirty days after the expiration of the sixty-day period. (F) If the petitioner demonstrates to the satisfaction of the court that the failure of the agency to commence or complete the proceeding as requested in the petition was unreasonable, the court must order the agency to commence or complete the proceeding as requested in the petition. (G) In any action under this section, the court has no authority to compel the agency to take any action other than the commencement or completion of a proceeding. (H) The remedies under this section are in addition to and not in lieu of other remedies provided by law.
S.C. Code Ann. § 37-13-40 — SC Code / Title 37 / Chapter 13 / Section 37-13-40
SECTION 37-13-40. Civil penalties for violation of chapter; remedies.
Status: in_force

A buyer, lessee, sublessee, secured party, or lessor injured or damaged by an act in violation of this chapter or regulations promulgated pursuant to it, whether or not there is a conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies: (1) three times the amount of actual damages or fifteen hundred dollars, whichever is greater; (2) equitable relief, including a temporary restraining order, a preliminary or permanent injunction, or restitution of money or property; (3) reasonable attorney fees and costs and other relief the court considers just.
S.C. Code Ann. § 37-22-260 — SC Code / Title 37 / Chapter 22 / Section 37-22-260
SECTION 37-22-260. Promulgation of regulations.
Status: in_force

(A) The commissioner may promulgate regulations necessary to effectuate the purposes of this chapter. (B) For the purpose of participating in the Nationwide Mortgage Licensing System and Registry, the commissioner may waive or modify, in whole or in part, by rule, regulation, or order, any or all of the requirements of this chapter and establish new requirements as reasonably necessary to participate in the Nationwide Mortgage Licensing System and Registry. (C) For the purposes of implementing an orderly and efficient licensing process, the commissioner may establish licensing rules or regulations and interim procedures for licensing and acceptance of applications. For previously registered or licensed individuals, the commissioner may establish expedited reviews, expedited licensing procedures, and grandfather provisions.
S.C. Code Ann. § 37-3-206 — SC Code / Title 37 / Chapter 3 / Section 37-3-206
SECTION 37-3-206. Loan finance charge on consolidation.
Status: in_force

(1) If a debtor owes an unpaid balance to a lender with respect to a consumer loan, refinancing, or consolidation, and becomes obligated on another consumer loan, refinancing, or consolidation with the same lender, the parties may agree to a consolidation resulting in a single schedule of payments. If the previous consumer loan, refinancing, or consolidation was not precomputed, the parties may agree to add the unpaid amount of principal and accrued charges on the date of consolidation to the principal with respect to the subsequent loan. If the previous consumer loan, refinancing, or consolidation was precomputed, the parties may agree to refinance the unpaid balance pursuant to the provisions on refinancing (Section 37-3-205) and to consolidate the principal resulting from the refinancing by adding it to the principal with respect to the subsequent loan. In either case the lender may contract for and receive a loan finance charge based on the aggregate principal resulting from the consolidation at a rate not in excess of that permitted by the provisions on loan finance charge for consumer loans (Section 37-3-201) or the provisions on loan finance charge for supervised loans (Section 37-3-508), whichever is appropriate. (2) The parties may agree to consolidate the unpaid balance of a consumer loan with the unpaid balance of a consumer credit sale. The parties may agree to refinance the previous unpaid balance pursuant to the provisions on refinancing sales (Section 37-2-205) or the provisions on refinancing loans (Section 37-3-205), whichever is appropriate, and to consolidate the amount financed resulting from the refinancing or the principal resulting from the refinancing by adding it to the amount financed or principal with respect to the subsequent sale or loan. The aggregate amount resulting from the consolidation shall be deemed principal, and the creditor may contract for and receive a loan finance charge based on the principal at a rate not in excess of that permitted by the provisions on loan finance charge for consumer loans (Section 37-3-201) or the provisions on loan finance charge for supervised loans (Section 37-3-508), whichever is appropriate.
S.C. Code Ann. § 37-6-505 — SC Code / Title 37 / Chapter 6 / Section 37-6-505
SECTION 37-6-505. Compensation and expenses of Commission members.
Status: in_force

Each member of the Commission other than ex officio shall receive such compensation and official expenses as provided by law for members of state boards and commissions.
S.C. Code Ann. § 37-2-712 — SC Code / Title 37 / Chapter 2 / Section 37-2-712
SECTION 37-2-712. Confession of judgment.
Status: in_force

A lessee may not authorize any person to confess judgment on a claim arising out of a consumer rental-purchase agreement. An authorization in violation of this section is void.
S.C. Code Ann. § 37-7-115 — SC Code / Title 37 / Chapter 7 / Section 37-7-115
SECTION 37-7-115. Annual reports; occurrences triggering other reports.
Status: in_force

(A) Each credit counseling organization licensed pursuant to this chapter annually, on or before April fifteenth, shall file a written report with the department relating to the credit counseling organization business conducted during the preceding calendar year. The report shall be made under oath and shall be on a form prescribed by the department. (B) Within ten business days after the occurrence of any of the following events a licensee shall file a written report with the department describing the event and its expected impact upon the licensee's business: (1) the filing of bankruptcy, reorganization, or receivership proceedings by or against the licensee; (2) the institution of a revocation, suspension, or other proceeding against the licensee by a governmental authority which is related to the licensee's credit counseling organization in any state; (3) felony indictments or convictions of the licensee or any of its members, partners, directors, officers, trustees, beneficiaries, or principles, if known; (4) any action taken by the Internal Revenue Service against a nonprofit licensee, its officers, directors, employees, agents, or other disqualified persons with respect to the organization within the meaning of Section 4958 of the Internal Revenue Code of 1986, as amended, including the imposition of penalties or excise taxes or the change, suspension, or revocation of the organization's tax exempt status; (5) opening a new business location within this State; and (6) other events the department may prescribe by regulation. (C) A credit counselor licensed pursuant to this chapter shall file a report with the department within ten days of the occurrence of: (1) felony indictments or convictions involving breach of trust, moral turpitude, fraud, or dishonest dealing; and (2) other events the department may prescribe by regulation. (D) Within thirty days of judgment against the licensee in a civil action relating to the DMP of a consumer who is a resident of South Carolina, a licensee shall file a written report with the department describing the event and its expected impact upon the licensee's business. The licensee shall advise the department within thirty days of any settlement or the result of any judgment entered. (E) If a licensee fails to make a report required by this section, the department may require the licensee to pay a late penalty of fifty dollars for each day the report is overdue.
S.C. Code Ann. § 37-11-60 — SC Code / Title 37 / Chapter 11 / Section 37-11-60
SECTION 37-11-60. Disclosure requirements; retirement community complaint system.
Status: in_force

At the time of, or before, the execution of a contract to provide continuing care, or the transfer of money or other property to an operator by or on behalf of a prospective resident, whichever occurs first, the operator shall deliver a current disclosure statement to the person with whom the contract is to be entered into, the text of which must contain at least the information required by the department. The department may require a disclosure of all or part of the information submitted pursuant to Section 37-11-30(B) or a summary of the information. Every continuing care retirement community shall establish and maintain a complaint system which is approved by the department to provide reasonable procedures for the resolution of written complaints initiated by residents. A complaint system established pursuant to other governmental requirements satisfies the requirements of this section if all residents are aware of and may use the system. A copy of all written complaints handled through this system and the average time taken to resolve a complaint must accompany an application to renew a license.
S.C. Code Ann. § 37-1-109 — SC Code / Title 37 / Chapter 1 / Section 37-1-109
SECTION 37-1-109. Change of dollar amounts used in the Consumer Protection Code.
Status: in_force

(1) From time to time the dollar amounts in this title shall change, as provided in this section, according to and to the extent of changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers: U. S. City Average, All Items, 1967=100, compiled by the Bureau of Labor Statistics, United States Department of Labor, and hereafter referred to as the Index. The Index for December of 1976 is the Reference Base Index. (2) The designated dollar amounts shall change on July first of each even-numbered year if the percentage of change, calculated to the nearest whole percentage point, between the Index at the end of the preceding year and the Reference Base Index is ten percent or more, but (a) the portion of the percentage change in the Index in excess of a multiple of ten percent shall be disregarded and the dollar amounts shall change only in multiples of ten percent of the amounts appearing in this title; and (b) the dollar amounts shall not change if the amounts required by this section are those currently in effect as a result of earlier application of this section. (3) If the Index is revised, the percentage of change pursuant to this section shall be calculated on the basis of the revised Index. If a revision of the Index changes the Reference Base Index, a revised Reference Base Index shall be determined by multiplying the Reference Base Index then applicable by the rebasing factor furnished by the Bureau of Labor Statistics. If the Index is superseded, the Index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for consumers. (4) The administrator, as defined in Section 37-1-301, shall publish a notice in the State Register: (a) On or before April thirtieth of each year in which dollar amounts are to change, the changes in dollar amounts required by subsection (2); and (b) Promptly after the changes occur, changes in the index required by subsection (3) including, if applicable, the numerical equivalent of the Reference Base Index under a revised Reference Base Index and the designation or title of any index superseding the index. (5) A person shall not be deemed to have violated this title with respect to a transaction otherwise complying with this title if he relies on dollar amounts either determined according to subsection (2) or appearing in the last regulation of the administrator announcing the then current dollar amounts. (6) The dollar amounts in the following sections of this title are subject to change in accordance with this section: 37-2-104(1)(e), 37-2-106(1)(b), 37-2-203(1), 37-2-407(1), 37-2-705(1)(a) and (b), 37-3-104(1)(d), 37-3-203(1), 37-3-510, 37-3-511, 37-3-514, 37-5-103(2), (3), and (4), 37-10-103, and 37-23-80. Part 2 Scope and Jurisdiction
S.C. Code Ann. § 37-3-506 — SC Code / Title 37 / Chapter 3 / Section 37-3-506
SECTION 37-3-506. Examinations and investigations.
Status: in_force

(1) The State Board of Financial Institutions shall examine periodically at intervals it deems appropriate the loans, business and records of every licensee. In addition, for the purpose of discovering violations of this title or securing information lawfully required, the Agency to whose supervision the organization is subject may at any time investigate the loans, business and records of any lender. For these purposes such agency shall have free and reasonable access to the offices, places of business and records of the lender. For these purposes insurance agents, brokers and premium service companies are subject to the supervision of the Department of Insurance. Other supervised financial organizations [Section 37-1-301(17)], restricted lenders and supervised lenders (Section 37-3-501) are subject to the supervision of the agency which issued its license or charter. All other lenders are subject to the supervision of the Administrator of Consumer Affairs. (2) If the lender's records are located outside this State, the lender at his option shall make them available to the supervisory agency at a convenient location within this State, or pay the reasonable and necessary expenses for the agency or its representative to examine them at the place where they are maintained. The agency may designate representatives, including comparable officials of the State in which the records are located, to inspect them on his behalf. (3) For the purposes of this section, the agency or official may administer oaths or affirmations, and upon its own motion or upon request of any party may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. (4) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the agency may apply to the circuit court for an order compelling compliance.
S.C. Code Ann. § 37-6-106 — SC Code / Title 37 / Chapter 6 / Section 37-6-106
SECTION 37-6-106. Investigatory powers.
Status: in_force

(1) If the administrator has probable cause to believe that a person has engaged in an act which is subject to action by the administrator, he may make an investigation to determine if the act has been committed, and, to the extent necessary for this purpose, may administer oaths or affirmations, and, upon his own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. (2) If the person's records are located outside this State, the person at his option shall either make them available to the administrator at a convenient location within this State or pay the reasonable and necessary expenses for the administrator or his representative to examine them at the place where they are maintained. The administrator may designate representatives, including comparable officials of the State in which the records are located, to inspect them on his behalf. (3) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected, the administrator may apply to the Administrative Law Court for an order compelling compliance. (4) The administrator shall not make public the name or identity of a person whose acts or conduct he investigates pursuant to this section or the facts disclosed in the investigation, but this subsection does not apply to disclosures in actions or enforcement proceedings pursuant to this title. Editor's Note 2005 Act No. 128, SECTION 27, provides as follows: "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."
S.C. Code Ann. § 37-10-101 — SC Code / Title 37 / Chapter 10 / Section 37-10-101
SECTION 37-10-101. Scope.
Status: in_force

Except as otherwise provided in other chapters of this title, this chapter applies to designated loan transactions other than consumer loan transactions (Sections 37-3-104 and 37-3-105).
S.C. Code Ann. § 37-21-50 — SC Code / Title 37 / Chapter 21 / Section 37-21-50
SECTION 37-21-50. Accuracy of caller identification information required; exceptions.
Status: in_force

(A) Notwithstanding another provision of law, a person may not, with the intent to defraud, harass, cause harm or wrongfully obtain anything of value, including, but not limited to, financial resources or personal identifying information as defined by Section 16-13-510, make, place, or initiate a call or text message or engage in conduct that results in the display of misleading, false or inaccurate caller identification information on the receiving party's telephone or otherwise circumvent caller identification technology that allows the receiving party to identify from what phone number, location, or organization the call or text message has originated from or misrepresent the origin and nature of the call or text message. A person may not, with the intent described in this subsection: (1) display a South Carolina area code on the recipient's caller identification system unless the person making, placing, or initiating the call or text message maintains a physical presence in the State; or (2) display the receiving party's telephone number on the contacted party's caller identification system. (B) the provisions of subsection (A) do not apply to a provider of landline or wireless communications services merely by virtue of its involvement in delivering a call or text message initiated by or on behalf of a third party, unless the provider provides substantial assistance or support to the telephone solicitor initiating the call when the provider knows or consciously avoids knowing such telephone solicitor is engaged in any act or practice that violates this chapter. (C) A telephone solicitor who makes a telephone solicitation shall transmit the telephone number, and, when available by the telephone solicitor's carrier, the name of the telephone solicitor; provided, however, that it is not a violation of this subsection to substitute the name of the person on behalf of whom the telephone solicitation is initiated and the customer service telephone number of that person. The number provided must permit, during regular business hours, a consumer to make a request not to receive telephone solicitations. (D) This section shall not apply to: (1) lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency, a State, or a political subdivision of a State, or of an intelligence agency of the United States; or (2) activity engaged in pursuant to a court order that specifically authorizes the use of caller identification manipulation. Validity For the validity of this section, see United Resource Systems, Inc. v. Wilson, 614 F.Supp.3d 243 (2022).
S.C. Code Ann. § 37-3-201 — SC Code / Title 37 / Chapter 3 / Section 37-3-201
SECTION 37-3-201. Loan finance charge for consumer loans.
Status: in_force

(1) With respect to a consumer loan, including a loan pursuant to open-end credit, a lender who is not a supervised lender may contract for and receive a finance charge, calculated according to the actuarial method, not exceeding twelve percent per year. With respect to a consumer loan made pursuant to open-end credit, the finance charge shall be deemed not to exceed twelve percent per year if the finance charge contracted for and received does not exceed a charge for each monthly billing cycle which is one percent of the average daily balance of the open-end account in the billing cycle for which the charge is made. The average daily balance of the open-end account is the sum of the amount unpaid each day during that cycle divided by the number of days in the cycle. The amount unpaid on a day is determined by adding to any balance unpaid as of the beginning of that day all purchases, loans, and other debits and deducting all payments and other credits made or received as of that day. If the billing cycle is not monthly, the finance charge shall be deemed not to exceed twelve percent per year if the finance charge contracted for and received does not exceed a percentage which bears the same relation to one percent as the number of days in the billing cycle bears to three hundred sixty-five divided by twelve. A billing cycle is monthly if the closing date of the cycle is the same date each month or does not vary by more than four days from the regular date. (2) With respect to a consumer loan, including a loan pursuant to open-end credit, a supervised lender may contract for and receive a loan finance charge as provided: (a) on loans with a cash advance not exceeding six hundred dollars, a maximum charge not exceeding the maximum charges imposed in Section 34-29-140 as disclosed as an annual percentage rate, provided that a supervised lender may impose a finance charge at a rate less than provided in Section 34-29-140, and provided further that the maximum charge shall not exceed the rate posted and filed pursuant to Section 37-3-305; (b) on loans with a cash advance exceeding six hundred dollars, and on all loans, regardless of the dollar amount, made by Supervised Financial Organizations, any rate filed and posted pursuant to Section 37-3-305; or (c) on loans of any amount, eighteen percent per year on the unpaid balances of principal. (3) This section does not limit or restrict the manner of calculating the finance charge, whether by way of add-on, discount, single annual percentage rate, or otherwise, so long as the rate of the finance charge does not exceed that permitted by this section. If the loan is a precomputed consumer credit transaction: (a) the finance charge may be calculated on the assumption that all scheduled payments will be made when due; and (b) the effect of prepayment is governed by the provisions on rebate upon prepayment (Section 37-3-210). (4) Except as provided in subsection (5), the term of a loan for purposes of this section commences on the day the loan is made. Any month may be counted as one-twelfth of a year but a day is counted as one-three hundred sixty-fifths of a year. Subject to classifications and differentiations the lender may reasonably establish, a part of a month in excess of fifteen days may be treated as a full month if periods of fifteen days or less are disregarded and that procedure is not consistently used to obtain a greater yield than would otherwise be permitted. The administrator may adopt regulations not inconsistent with the Federal Truth in Lending Act with respect to treating as regular other minor irregularities in amount or time. (5) Subject to classifications and differentiations the lender may reasonably establish, he may make the same finance charge on all amounts financed within a specified range. A finance charge so made does not violate subsection (1) or (2) if: (a) when applied to the median amount within each range, it does not exceed the maximum permitted by the applicable subsection; (b) when applied to the lowest amount within each range, it does not produce a rate of finance charge exceeding the rate calculated according to item (a) by more than eight percent of the rate calculated according to item (a). (6) Notwithstanding subsection (2), if a lender can demonstrate with competent evidence that (a) any failure to post rates properly filed under Section 37-3-305 or failure to properly file these rates under Section 37-3-305 was a result of a bona fide error or excusable neglect, (b) the rates were properly posted or properly filed when the error or neglect was discovered or brought to the lender's attention, and (c) that no other failure to post or file rates has been brought to the lender's attention by the Department of Consumer Affairs or by consumers within the previous forty-eight month period, then the maximum rate of loan finance charges assessable by the lender is the rate previously properly filed with the Department of Consumer Affairs, provided, however, the lender that has failed or neglected to post rates or to file rates is subject to a civil penalty of up to $5,000.00 payable to the Department of Consumer Affairs.
S.C. Code Ann. § 37-2-307 — SC Code / Title 37 / Chapter 2 / Section 37-2-307
SECTION 37-2-307. Motor vehicle sales contracts closing fees.
Status: in_force

(A) As used in this section: (1) A closing fee is defined as a fee for recovery of a motor vehicle dealer's actual costs for all administrative and financial work needed to transfer and deliver the motor vehicle to the consumer including, but not limited to, compliance with all state, federal, and lender requirements, preparation and retrieval of documents, protection of the private personal information of the consumer, records retention, and storage costs. (2) "Department" means the South Carolina Department of Consumer Affairs. (3) "Dealer" means a "motor vehicle dealer" as defined in Section 56-15-10. (B)(1) Every dealer charging closing fees in a motor vehicle sale or lease transaction shall pay a filing fee of ten dollars to the department each time the dealer provides notice of a new closing fee amount to the department. The department shall set the filing fee annually in an amount not to exceed twenty-five dollars. (2) The closing fee must be disclosed on the motor vehicle sale or lease contract, displayed in a conspicuous location in the motor vehicle dealership, and clearly and conspicuously disclosed in any advertisement of a specific motor vehicle for sale or lease. (C)(1) Prior to charging a closing fee, a dealer shall provide written notice to the department of the maximum amount of the closing fee the dealer intends to charge. (2) If the maximum amount of the proposed closing fee the dealer intends to charge is not more than two hundred twenty-five dollars for each vehicle, the closing fee is considered to be approved by the department, and the dealer does meet and fulfill all reasonable requirements and criteria in compliance with this section. If the proposed closing fee exceeds two hundred twenty-five dollars, the department may review the amount of the closing fee for reasonableness using the criteria in item (5). (3) If the department intends to conduct a formal review of a proposed closing fee, the department shall provide written notice to the dealer of the department's intention to review the proposed closing fee within fifteen days of receiving the complete proposed closing fee notice. If the department determines that a proposed closing fee is not reasonable, the department shall issue a written order detailing the department's findings within thirty days of receiving the complete proposed closing fee notice. If the department does not provide the dealer with written notice of the department's approval of the proposed closing fee within thirty days of receiving the proposed closing fee notice, the dealer is authorized to charge the proposed closing fee. (4) The dealer is at all times authorized to submit a new closing fee that is equal to or less than two hundred twenty-five dollars per vehicle which is not subject to review. If the department finds that a proposed closing fee is not reasonable, the dealer may request a hearing in accordance with the Administrative Procedures Act. During the pendency of the department's review period, or the pendency of any action before the Administrative Law Court, the dealer is authorized to charge a closing fee at an amount not to exceed the amount most recently on file and permitted to be charged by the department. (5)(a) In determining the reasonableness of a closing fee, the department shall accept and allow all of the dealer's actual costs and expenses including, but not limited to, employee compensation, information processing, facilities costs, supplies, and materials associated with the following closing and delivery activities: (i) closing the motor vehicle sale or lease transaction, including any associated loan or lease and transferring title of the motor vehicle to the consumer; (ii) delivering the motor vehicle to the consumer; (iii) complying with all state, federal, and lender requirements; (iv) preparing, storing, and retrieving transaction documents; and (v) protecting the private personal information of the consumer. (b) Dealer costs must be calculated using generally accepted cost accounting principles for the preceding twelve-month period. (c) In determining the reasonableness of a closing fee, the department may compare a particular dealer's costs only with other similarly situated dealers. (D) Whether the vehicle transaction is a credit sale, consumer lease, or cash transaction: (1) notwithstanding any other provision of law, a dealer who complies with this section and any regulation promulgated under it and who charges a closing fee is not engaging in any action which is arbitrary, in bad faith, unconscionable, an unfair or deceptive practice, or an unfair method of competition for purposes of Sections 56-15-30, 56-15-40, and 39-5-20 with regard to the charging of a closing fee and may lawfully charge a closing fee; (2) a dealer may assert any defenses provided to a creditor pursuant to the provisions of this title; and (3) a purchaser injured or damaged by an action of a dealer in violation of this section or any regulation promulgated thereunder, may assert the remedies available pursuant to the provisions of this title. (E)(1) The department shall administer and enforce the subject of motor vehicle dealer closing fees as limited by this section. The department may make and promulgate such rules and regulations relating to motor vehicle dealer closing fees to administer and enforce this section. The department shall have access to a dealer's records, but only to the extent necessary to determine the dealer's compliance with the disclosure provisions of subsection (B)(2) and the accuracy of the dealer's cost and expense information in subsection (C)(5), and this information must be kept confidential and privileged from disclosure, except as otherwise provided by law. (2) In administering and enforcing this section, or for any other review or investigation of dealers, the department shall: (a) promote education for consumers and best practices for dealers; and (b) mediate complaints between a consumer and a dealer, whenever possible. (3) The department may review or investigate a dealer upon receipt of a complaint or other credible evidence that the dealer has violated a provision of this section or a provision of this title related to closing fees. In administering and enforcing this section: (a) The department must provide a written notice by certified mail to the dealer regarding the complaint or other credible evidence. If the department's records show an email address for the dealer, the department must also send an email to the dealer. This written notice must contain sufficient information for the dealer to identify documents related to the alleged violation, request only such information as is reasonably related to the alleged violation, and state that the dealer may provide a written response to the allegation. (b) The dealer must respond to the department's notice within forty-five days from the date the written notice described in item (3)(a) was received via certified mail. If a dealer fails to provide the requested information within sixty days from the date of receipt of the written notice via certified mail, the department may commence a proceeding pursuant to the Administrative Procedures Act. (c) The department must issue a decision within fifteen days of receipt of the requested information from the dealer. If the department determines the dealer failed to comply with the requirements of this section or of this title regarding closing fees, the department's decision must determine if the violation was either (1) not intentional and resulted from a bona fide error, or (2) an intentional violation. (i) In the event of a violation that was not intentional and resulted from a bona fide error, the dealer must refund any excess charge paid by the consumer. The department must close the investigation upon notice that the consumer received the refund. (ii) In the event of an intentional violation, the department may request only those records reasonably related to the alleged violation for the ten transactions immediately preceding and the ten transactions immediately after the transaction identified in the complaint or other credible evidence received by the department. If the department discovers a potential violation of any kind related to closing fees in any of these transactions, the department may request only those records reasonably related to the alleged violation for transactions occurring on the date of the transaction identified in the complaint or other credible evidence, and transactions thirty days immediately preceding and thirty days immediately after the transaction identified in the complaint or other credible evidence received by the department. (4) A dealer may not be held liable in any action for a violation of this section or a violation of this title regarding closing fees if the dealer (a) shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error; and (b) the dealer refunded any excess charge paid by the consumer. (5) A dealer who is found to have intentionally violated this section, or any other provision in this title regarding closing fees, must refund any excess charge paid by the customer within thirty days from the date of written notice from the department regarding its determination of a violation. Notwithstanding any other provision of law, the following remedies also apply for an intentional violation: (a) for the first violation in a twelve-month period, the department must send a written warning to the dealer; (b) for a second violation in a twelve-month period, the department may charge a five hundred dollar administrative penalty; (c) for a third violation in a twelve-month period, the department may charge not more than a one thousand dollar administrative penalty; and (d) for a fourth or subsequent violation in a twelve-month period, the department may charge not more than a five thousand dollar administrative penalty, provided that cumulative administrative penalties shall not exceed one hundred thousand dollars in the twelve-month period. (F)(1) It is the intent of the General Assembly to authorize a motor vehicle dealer to charge a closing fee in compliance with this section and to protect a motor vehicle dealer from civil liability for charging a closing fee if the fee is charged in compliance with this title and any Department of Consumer Affairs regulation or administrative interpretation. It is further the intent to protect consumers by the disclosure and notice provisions established in this section and with the remedies provided by this title. (2) Nothing in this section is intended to prohibit the department from administering and enforcing other laws under the department's jurisdiction. Editor's Note 2016 Act No. 231, SECTION 2, provides as follows: "SECTION 2. This act takes effect upon approval by the Governor; provided, however, a motor vehicle dealer must be allowed an additional period of thirty days from the effective date to comply with Section 37-2-307(C)." Effect of Amendment 2016 Act No. 231, SECTION 1, rewrote the section. 2023 Act No. 45, SECTION 1, rewrote the section.
S.C. Code Ann. § 37-15-50 — SC Code / Title 37 / Chapter 15 / Section 37-15-50
SECTION 37-15-50. Restriction of representation that person has been specially selected.
Status: in_force

(A) No person may represent that another person has been specially selected in connection with the sale, lease, or solicitation for sale or lease of goods, property, or service, unless the selection process is designed to reach particular persons. (B) The use of any language that may lead a reasonable person to believe that the person has been specially selected including, but not limited to, "Carefully selected", or "You have been selected to receive", or "You have been chosen", is considered a representation of the type governed by this section.
S.C. Code Ann. § 37-6-113 — SC Code / Title 37 / Chapter 6 / Section 37-6-113
SECTION 37-6-113. Civil actions by administrator.
Status: in_force

(A) After demand, the administrator may bring a civil action against a creditor or a person subject to this title to recover actual damages sustained and excess charges paid by one or more consumers who have a right to recover explicitly granted by this title. In a civil action pursuant to this subsection, penalties must not be recovered by the administrator. The court shall order amounts recovered pursuant to this subsection to be paid to each consumer or set off against his obligation. A consumer's action, except a class action, takes precedence over a prior or subsequent action by the administrator with respect to the claim of that consumer. A consumer's class action takes precedence over a subsequent action by the administrator with respect to claims common to both actions, but the administrator may intervene. An administrator's action on behalf of a class of consumers takes precedence over a consumer's subsequent class action with respect to claims common to both actions. Whenever an action takes precedence over another action pursuant to this subsection, the latter action may be stayed to the extent appropriate while the precedent action is pending and dismissed if the precedent action is dismissed with prejudice or results in a final judgment granting or denying the claim asserted in the precedent action. A defense available to a respondent in a civil action brought by a consumer under this title is available to him in a civil action brought pursuant to this subsection. (B) The administrator may bring a civil action against a creditor, a person acting in his behalf, or a person subject to this title to recover a civil penalty of no more than five thousand dollars for repeatedly and intentionally violating this title. A civil penalty pursuant to this subsection must not be imposed for a violation of this title occurring more than two years before the action is brought. (C) The administrator may bring a civil action or an administrative action, as provided in Section 37-6-108, against a creditor for failure to file notification in accordance with the provisions on notification pursuant to Section 37-6-202 or to pay fees in accordance with the provisions on fees pursuant to Section 37-6-203 to recover the fees the defendant has failed to pay and a civil penalty in an amount determined by the court not exceeding the greater of three times the amount of fees the defendant has failed to pay or one thousand dollars. Editor's Note 2005 Act No. 128, SECTION 27, provides as follows: "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs." Effect of Amendment 2016 Act No. 244, SECTION 12, in the last sentence of (A), substituted "respondent" for "creditor", and inserted "under this title".
S.C. Code Ann. § 37-15-40 — SC Code / Title 37 / Chapter 15 / Section 37-15-40
SECTION 37-15-40. Form and content of disclosures required as prerequisites to representation that person has chance to win something; exceptions; publisher of violative material not liable.
Status: in_force

(A) No person, in connection with the sale, lease, or solicitation for sale or lease of goods, property, or service, may represent that another person has a chance to win or to receive a prize, gift, or item of value without clearly and conspicuously disclosing on whose behalf the contest or promotion is conducted and all material conditions that a participant must satisfy. In an oral solicitation all material conditions must be disclosed before requesting the consumer to enter into the sale or lease. In written material, immediately adjacent to the first identification of the prize, gift, or item of value to which it relates; or in a separate section entitled "Award Rules" with the title printed in no less than ten-point bold face type and the section containing a description of the prize, gift, or item of value; and these disclosures must be stated: (a) the actual retail value of each item or prize, which for purposes of this section are: (i) the price at which substantial sales of the item were made in the area in which the offer was received within the last one hundred and eighty days; or (ii) the actual cost of the item of value, gift, or prize to the person on whose behalf the contest or promotion is conducted plus no more than seven hundred percent, but in no case may the cost exceed the person's good faith estimate of the appraised retail value; (b) the actual number of each item, gift, or prize to be awarded; (c) the odds of receiving an item, gift, or prize; and (d) a limitation on eligibility of participation in the contest or promotion. (B) All disclosures required by this chapter to be in writing must comply with the following: (1) all dollar values must be stated in Arabic numerals and be preceded by a dollar sign. (2) the number of each item, gift, or prize to be awarded and the odds of receiving an item, gift, or prize must be stated in Arabic numerals and must be written in a manner that is clear and understandable. (C) It is unlawful to notify a person that the person will receive a gift, prize, or item of value that has as a condition of receiving the gift, prize, or item of value the requirement that the person pay for or purchase, lease, or rent any goods or services, unless the nature of the charges to be incurred including, but not limited to, a shipping charge or handling charge, have been clearly and conspicuously disclosed. The disclosure must be given: (1) on the face of written materials; or (2) before requesting or inviting the person to enter into the sale or lease in an oral notification. (D) This section does not apply if: (1) a participant is asked only to complete and mail, or deposit at a local retail commercial establishment, an entry blank obtainable locally or by mail, or to call in the entry by telephone; or (2) a participant at no time is required to listen to a sales presentation in order to receive the prize or gift or at no time is required to pay for any merchandise, service, or item of value other than as disclosed in the Award Rules. (E) Nothing in this section creates liability for an act by the publisher, owner, agent, or employee of a newspaper, periodical, radio station, television station, cable-television system, or other advertising medium arising out of the publication or dissemination of an advertisement or promotion governed by this section, when the publisher, owner, agent, or employee did not know that the advertisement or promotion violated this section.
S.C. Code Ann. § 37-6-501 — SC Code / Title 37 / Chapter 6 / Section 37-6-501
SECTION 37-6-501. Department of Consumer Affairs; Commission on Consumer Affairs; administrator.
Status: in_force

There is hereby created: (a) The Department of Consumer Affairs; (b) The Commission on Consumer Affairs; and (c) The Office of Administrator of Consumer Affairs.
S.C. Code Ann. § 37-7-117 — SC Code / Title 37 / Chapter 7 / Section 37-7-117
SECTION 37-7-117. Violations and penalties; civil action by consumer; limitations.
Status: in_force

(A) A person who violates this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. If it is determined by a court of competent jurisdiction that a violation is wilful, the court may impose a fine of not less than five hundred fifty dollars for each violation. (B) A consumer injured or damaged by an act in violation of this chapter or regulation promulgated pursuant to it, whether or not there is a criminal conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies: (1) actual damages; (2) punitive damages; and (3) the costs of the action, including reasonable attorney's fees. (C) An action brought pursuant to this chapter must be commenced within three years from the latest of the: (1) consumer's last transmission of funds to the credit counseling organization; (2) credit counseling organization's last disbursement to the consumer's creditors; (3) credit counseling organization's last accounting to the consumer; or (4) date on which the consumer reasonably discovered or reasonably should have discovered the facts giving rise to the consumer's claim.
S.C. Code Ann. § 37-3-202 — SC Code / Title 37 / Chapter 3 / Section 37-3-202
SECTION 37-3-202. Additional charges.
Status: in_force

(1) In addition to the loan finance charge permitted by this chapter a lender may contract for and receive the following additional charges in connection with a consumer loan: (a) official fees and taxes; (b) charges for insurance as described in subsection (2); (c) with respect to open-end credit pursuant to a lender credit card or similar arrangement, as defined in Section 37-1-301(16), which entitles the debtor to purchase or lease goods or services from at least one hundred persons not related to the lender, under an arrangement pursuant to which the debts resulting from the purchases or leases are payable to the lender: (i) annual charges, payable in advance, for the privilege of using the lender credit card or other credit arrangement; and (ii) an over-limit charge not to exceed ten dollars if the balance of the account exceeds the credit limit established pursuant to the agreement between the lender and the debtor plus the lesser of ten percent of the credit limit or one hundred dollars. The over-limit charge authorized by this subitem must not be assessed again against the debtor unless the account balance has been reduced below the credit limit plus the lesser of ten percent of the credit limit or one hundred dollars, and the debtor's account balance subsequently exceeds the credit limit plus the lesser of ten percent of the credit limit or one hundred dollars; (d) with respect to a loan secured by an interest in land, the following "closing costs", if they are bona fide, reasonable in amount, and not for the purpose of circumvention or evasion of this title: (i) fees or premiums for title examination, abstract of title, title insurance, surveys, or similar purposes; (ii) fees for preparation of a deed, settlement statement, or other documents, if not paid to the creditor or a person related to the creditor; (iii) escrows for future payments of taxes, including assessments for improvements, insurance, and water, sewer, and land rents; (iv) fees for notarizing deeds and other documents, if not paid to the creditor or a person related to the creditor; and (v) fees for appraising the real estate that is collateral for the loan, if not paid to the creditor or a person related to the creditor; (e) charges for other benefits, including insurance, conferred on the debtor, if the benefits are of value to him and if the charges are reasonable in relation to the benefits, are of a type which is not for credit, and are authorized as permissible additional charges by rule adopted by the administrator; and (f) fees and charges paid to persons registered as mortgage loan brokers pursuant to Chapter 58, Title 40. (2) An additional charge may be made for insurance written in connection with the loan, other than insurance protecting the lender against the debtor's default or other credit loss with respect to: (a) insurance against loss of or damage to property, or against liability, if the lender furnishes a clear and specific statement in writing to the debtor, setting forth the cost of the insurance if obtained from or through the lender, and stating that the debtor may choose the person through whom the insurance is to be obtained; (b) consumer credit insurance providing life, accident and health, or unemployment insurance coverage, if the insurance coverage is not required by the lender, and this fact is clearly and conspicuously disclosed in writing to the debtor, and if, in order to obtain the insurance in connection with the loan, the debtor, or two of them in the case of joint coverage, gives specific, dated, and separately signed affirmative written indication of his desire to do so after written disclosure to him of the cost thereof with a statement similar to the following appearing in caps, underlined, or disclosed in another prominent manner with the consumer signature required by this section: CONSUMER CREDIT INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST; and (c) vendor's single interest insurance, but only: (i) to the extent that the insurer has no right of subrogation against the debtor; (ii) to the extent that the insurance does not duplicate the coverage of other insurance under which loss is payable to the creditor as his interest may appear, against loss of or damage to property for which a separate charge is made to the debtor pursuant to item (a); and (iii) if a clear, conspicuous, and specific statement in writing is furnished by the creditor to the debtor setting forth the cost of the insurance if obtained from or through the creditor and stating that the debtor may choose the person through whom the insurance is to be obtained; and (iv) upon application of the consumer for the insurance or for a transaction in which this coverage may be offered in connection with the purchase of a motor vehicle or with the placement of a motor vehicle as collateral, the following notice printed in no smaller than bold-face 13-point type: "NOTICE: THE INSURANCE COVERAGE YOU ARE PURCHASING IS FOR THE BENEFIT OF THE CREDITOR. IT WILL NOT REIMBURSE YOU FOR DAMAGES TO YOUR VEHICLE, BUT IT MAY PAY THE CREDITOR FOR THE DAMAGES IF YOU CANNOT PAY. YOU HAVE THE RIGHT TO PURCHASE INSURANCE THAT WILL REIMBURSE YOU FOR DAMAGES TO YOUR VEHICLE EITHER THROUGH THE CREDITOR IF OFFERED BY THE CREDITOR OR THROUGH YOUR OWN AGENT." This notice must be signed by the applicant evidencing his acknowledgment of having read the notice, and be separate and apart from any other form used in the application; (d) noncredit term life insurance; provided, that the person soliciting the sale of such insurance is properly licensed as required under South Carolina insurance laws and the lender is properly licensed as an agency as required under South Carolina insurance laws and clearly and conspicuously discloses to the insured, prior to the consummation of the insurance purchase, the right to cancel and provides the insured at that time with a form in duplicate signed by the insured. This form shall clearly and conspicuously state in a manner that achieves a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test: (i) that the purchase of this insurance is not a condition of any loan or extension of credit by including the following language: "The purchase of this insurance is not required to obtain credit and will not be provided unless you sign this form and agree to pay the additional cost."; (ii) that the interest rates and charges do not depend upon the purchase of this insurance; (iii) that the insured has the option to pay the insurance premium from his own funds or to pay the premium with a portion of the loan proceeds; (iv) the premium and a description of the coverage, including the face amount, term of the coverage, and any exceptions, limitations, or restrictions; (v) that the insured may cancel this insurance by mailing a signed request to cancel, together with the policy, to the lender or the insurance company within thirty days after receipt of the policy and, that in the event of cancellation by the insured within thirty days after receipt of the policy, the insured will be promptly refunded the entire premium for such insurance; (vi) that the insurance laws of South Carolina apply with respect to any type of termination other than as contained in subitem (v) and that the policy should be consulted for more information; (vii) that the insurance is not tied to the loan in any manner and that if the loan is terminated, the insurance will remain in force unless it is otherwise terminated under the terms of the agreement between the debtor and the insurer; (viii) the name, address, and phone number of the lender; and (ix) the name, address, and phone number of the insurance company and the process to be followed in submitting a claim. The noncredit term life insurance must be underwritten by an insurance company which is properly licensed as required under South Carolina insurance laws. In addition, the noncredit term life insurance must be filed for approval prior to use in accordance with South Carolina insurance laws, and the terms and conditions of the transaction must comply with any other applicable provisions of the South Carolina insurance laws. If the creditor contracts for or receives a separate charge for insurance, the amount charged for the insurance may not exceed the premium to be charged by the insurer, as computed at the time the charge to the debtor is determined, conforming to any rate filings required by law and made by the insurer with the Director of the Department of Insurance. Any attempt to tie the sale of the noncredit term life insurance to any loan or extension of credit or otherwise to coerce the debtor into purchasing the insurance is prohibited, and any party engaged in the tying or coercion is subject to penalties in accordance with Section 37-5-202. (3) With respect to an assumption of an existing obligation, the lender may, in addition to the other authorized charges, charge an assumption fee not exceeding the lesser of four hundred dollars or one percent of the unpaid balance of the debt at the time the assumption transaction is consummated whenever the primary collateral securing the credit is real estate or a residential manufactured home and not exceeding the lesser of fifty dollars or one percent of the unpaid balance of the debt at the time the assumption transaction is consummated whenever the primary collateral securing the credit is personal property other than a residential manufactured home.
S.C. Code Ann. § 37-6-115 — SC Code / Title 37 / Chapter 6 / Section 37-6-115
SECTION 37-6-115. Remedies not affected.
Status: in_force

The grant of powers to the administrator in this chapter does not affect remedies available to consumers under this title or under other principles of law or equity. Effect of Amendment 2016 Act No. 244, SECTION 13, substituted "consumers" for "debtors".
S.C. Code Ann. § 37-2-412 — SC Code / Title 37 / Chapter 2 / Section 37-2-412
SECTION 37-2-412. Notice of assignment.
Status: in_force

The buyer or lessee is authorized to pay the original seller or lessor until the buyer or lessee receives notification of assignment of the rights to payment pursuant to a consumer credit sale or consumer lease and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the buyer or lessee, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the buyer or lessee may pay the seller or lessor.
S.C. Code Ann. § 37-23-45 — SC Code / Title 37 / Chapter 23 / Article 3 / Section 37-23-45
SECTION 37-23-45. Disclosure; form.
Status: in_force

(A) At the time the borrower receives the good faith estimate under the Real Estate Settlement and Procedures Act (RESPA) and before the scheduled closing of a high-cost home loan, the broker or mortgage broker of a loan must disclose in writing the amount being earned on the loan. The Department of Consumer Affairs shall provide a disclosure form to include the following: (1) the dollar amount of the yield spread premium and the percentage of the yield spread premium in relation to the loan amount. For purposes of this item, "yield spread premium" is the amount paid to the broker by the lender based on the difference between the interest rate at which the broker originates the loan and the par, or market rate offered by a lender; (2) an itemization of dollar amounts for points, fees, and commissions with a combined total given. A percentage of the combined total should be specified in relation to the loan amount; (3) a dollar amount total of items 37-23-45(A)(1) and (2) and a percentage of the total specified in relation to the total amount of the loan; and (4) for a loan that is an ARM as defined in Section 37-23-20(17), a listing of the schedule when the loan may be reset, for each and every reset, and a listing of the monthly payment that is owed for each change that is allowed by the terms of the contract. If the consumer escrows the insurance and taxes with each monthly payment, it must be reflected in the payment listed. (B) The form must include a signature line for the borrower to acknowledge that he has received the disclosures, the disclosures have been explained to him, he understands them, and he voluntarily enters into the loan transaction.
S.C. Code Ann. § 37-2-413 — SC Code / Title 37 / Chapter 2 / Section 37-2-413
SECTION 37-2-413. Attorney's fees.
Status: in_force

(1) With respect to a consumer credit sale or consumer lease the agreement may provide for the payment by the buyer or lessee of reasonable attorney's fees not in excess of fifteen percent of the unpaid debt after default and referral to an attorney not a salaried employee of the seller, or of the lessor or his assignee. A provision in violation of this section is unenforceable. (2) With respect to a consumer credit sale that is secured in whole or in part by a lien on real estate, the provisions of Section 37-10-102(a) apply whenever the seller requires the debtor to purchase insurance or pay any attorney's fees in connection with examining the title and closing the transaction.
S.C. Code Ann. § 37-1-107 — SC Code / Title 37 / Chapter 1 / Section 37-1-107
SECTION 37-1-107. Waiver; agreement to forego rights; settlement of claims.
Status: in_force

(1) Except as otherwise provided in this title, a buyer, lessee, or debtor may not waive or agree to forego rights or benefits under this title. (2) A claim by a buyer, lessee, or debtor against a creditor for an excess charge, other violation of this title, or civil penalty, or a claim against a buyer, lessee, or debtor for default or breach of a duty imposed by this title, if disputed in good faith, may be settled by agreement. (3) A claim, whether or not disputed, against a buyer, lessee, or debtor may be settled for less value than the amount claimed. (4) A settlement in which the buyer, lessee, or debtor waives or agrees to forego rights or benefits under this title is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the buyer, lessee, or debtor, any deception or coercion practiced upon him, the nature and extent of the legal advice received by him, and the value of the consideration are relevant to the issue of unconscionability.
S.C. Code Ann. § 37-16-20 — SC Code / Title 37 / Chapter 16 / Section 37-16-20
SECTION 37-16-20. Registration; bond or letter of credit.
Status: in_force

Before commencing business in South Carolina, regardless of the means of doing business, any prepaid legal services company must register with the department on a form prescribed by the department. The form must be accompanied by a bond or letter of credit acceptable to the department in the amount of fifty thousand dollars, which must remain in force so long as the prepaid legal services company does business in South Carolina. The amount of the bond or letter of credit may only be increased by regulation.
S.C. Code Ann. § 37-2-302 — SC Code / Title 37 / Chapter 2 / Section 37-2-302
SECTION 37-2-302. Receipts; statement of account; evidence of payment.
Status: in_force

(1) The creditor shall deliver or mail to the consumer, without request, a written receipt for each payment by coin or currency on an obligation pursuant to a consumer credit sale. A periodic statement showing a payment received by mail complies with this subsection. (2) Upon written request of a consumer, the person to whom an obligation is owed pursuant to a consumer credit sale, except one pursuant to a revolving charge account, shall provide a written statement of the dates and amounts of payments made within the 12 months preceding the month in which the request is received and the total amount unpaid as of the end of the period covered by the statement. The statement shall be provided without charge once during each year of the term of the obligation. If additional statements are requested the creditor may charge not in excess of $2.00 for each additional statement. (3) After a consumer has fulfilled all obligations with respect to a consumer credit sale except one pursuant to a revolving charge account, the person to whom the obligation was owed, upon request of the consumer, shall deliver or mail to the consumer written evidence acknowledging payment in full of all obligations with respect to the transaction.
S.C. Code Ann. § 37-9-103 — SC Code / Title 37 / Chapter 9 / Section 37-9-103
SECTION 37-9-103. Relationship between separate subsidiary corporations; obligations of parent and subsidiary.
Status: in_force

A wholly owned subsidiary of a parent corporation which subsidiary has elected to be licensed under the provisions of this chapter, and a separate wholly owned subsidiary of the same parent corporation which subsidiary has elected to be licensed under the provisions of Chapter 29, Title 34 are not considered to be related persons for purposes of Section 37-9-102; provided, that a parent corporation with these two subsidiaries operating under different licenses, shall not permit these or any other subsidiaries to exchange, convert, transfer, or sell a license or facility from one subsidiary to another and the failure to comply with the provisions of this proviso constitutes just cause for the revocation of the license exchanged, converted, transferred, or sold; and provided further, that the failure to take reasonable steps to determine if a consumer has a current loan on the books with another subsidiary of the same parent corporation shall serve as just cause for revocation of the license of the subsidiary failing to make this determination if a pattern of such misconduct is shown.
S.C. Code Ann. § 37-4-112 — SC Code / Title 37 / Chapter 4 / Section 37-4-112
SECTION 37-4-112. Administrative action of Director of the Department of Insurance.
Status: in_force

(1) To the extent that his responsibility under this chapter requires, the Director of the Department of Insurance shall issue rules with respect to insurers, and with respect to refunds (Section 37-4-108), forms, schedules of premium rates and charges (Section 37-4-203), and his approval or disapproval thereof and, in case of violation, may make an order for compliance. (2) Each provision of the part on administrative procedures and judicial review (Part 4) of the chapter on administration (Chapter 6) which applies to and governs administrative action taken by the administrator also applies to and governs all administrative action taken by the Director of the Department of Insurance pursuant to this section. Part 2 Consumer Credit Insurance
S.C. Code Ann. § 37-6-105 — SC Code / Title 37 / Chapter 6 / Section 37-6-105
SECTION 37-6-105. Administrative powers with respect to supervised financial organizations.
Status: in_force

(1) With respect to supervised financial organizations, the powers of examination and investigation (Sections 37-3-506, 37-6-106 and 37-6-118) and administrative enforcement (Section 37-6-108) shall be exercised by the official or agency to whose supervision the organization is subject. All other powers of the administrator under this title may be exercised by him with respect to a supervised financial organization. (2) If the administrator receives a complaint concerning noncompliance with this title by a supervised financial organization he shall refer the complaint to the official or agency having supervisory authority over the organization concerned. The administrator may, in connection with a complaint received by him concerning noncompliance with this title by a supervised financial organization, obtain specific relevant information about the supervised financial organization involved in the complaint from the appropriate supervisory agency or official. Nothing herein shall be construed to prohibit the administrator from taking any legal action he is otherwise empowered to take under this title. (3) The administrator and any official or agency of this State having supervisory authority over a supervised financial organization are authorized and directed to consult and assist one another in maintaining compliance with this title. They may jointly pursue investigations, prosecute suits, and take other official action, as they deem appropriate, if either of them otherwise is empowered to take the action.
S.C. Code Ann. § 37-2-209 — SC Code / Title 37 / Chapter 2 / Section 37-2-209
SECTION 37-2-209. Right to prepay.
Status: in_force

Subject to the provisions on rebate upon prepayment (Section 37-2-210), the buyer may prepay in full the unpaid balance of a consumer credit sale refinancing or consolidation at any time without penalty.
S.C. Code Ann. § 37-17-52 — SC Code / Title 37 / Chapter 17 / Section 37-17-52
SECTION 37-17-52. Information provided to applicant.
Status: in_force

(A) A discount medical plan organization shall provide to an applicant, the time of application, information that describes the terms and conditions of the discount medical plan, including limitations or restrictions on the refund of processing fees or periodic charges associated with the discount medical plan, and to a new customer, a written document that contains the terms and conditions of the discount medical plan. (B) The written document required pursuant to subsection (A) must be clear and include: (1) the name of the customer; (2) the benefits to be provided under the discount medical plan; (3) processing fees and periodic charges associated with the discount medical plan including any limitations or restrictions on the refund of processing fees and periodic charges; (4) the mode and timing of payment of processing fees and periodic charges and procedures for changing the mode of payment; (5) any limitations, exclusions, or exceptions regarding the receipt of discount medical plan benefits; (6) waiting periods for certain medical or ancillary services under the discount medical plan; (7) procedures for obtaining discounts under the discount medical plan, such as requiring customers to contact the discount medical plan organization to make an appointment with a provider on the customer's behalf; (8) cancellation procedures including information on the customer's thirty-day cancellation rights and refund requirements and procedures for obtaining refunds; (9) renewal, termination, and cancellation terms and conditions; (10) procedures for adding new customers to a family discount medical plan, if applicable; (11) procedures for filing complaints under the discount medical plan organization's complaint system; and (12) the name and mailing address of the registered discount medical plan organization or other entity where the customer can make inquiries about the plan, send cancellation notices and file complaints.
S.C. Code Ann. § 37-3-514 — SC Code / Title 37 / Chapter 3 / Section 37-3-514
SECTION 37-3-514. Limitation on attorney's fees.
Status: in_force

With respect to a supervised loan with a loan finance charge in excess of eighteen percent per year and in which the principal is $1,000 or less, the agreement may not provide for the payment by the debtor of attorney's fees. A provision in violation of this section is unenforceable.
S.C. Code Ann. § 37-5-102 — SC Code / Title 37 / Chapter 5 / Section 37-5-102
SECTION 37-5-102. Scope.
Status: in_force

This part applies to actions or other proceedings to enforce rights arising from consumer credit sales, consumer leases, consumer loans, and consumer rental-purchase agreements; and, in addition, to extortionate extensions of credit (Section 37-5-107) and other transactions governed by this title. Effect of Amendment 2016 Act No. 244, SECTION 7, inserted "and other transactions governed by this title".
S.C. Code Ann. § 37-6-403 — SC Code / Title 37 / Chapter 6 / Section 37-6-403
SECTION 37-6-403. Public information; adoption of rules; availability of rules and orders.
Status: in_force

(1) In addition to other rule-making requirements imposed by law, the administrator shall: (a) adopt as a rule a description of the organization of his office, stating the general course and method of the operations of his office and the methods whereby the public may obtain information or make submissions or requests; (b) adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the administrator or his office; (c) make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the administrator in the discharge of his functions; (d) make available for public inspection all final orders, decisions and opinions. (2) No rule, order, or decision of the administrator is valid or effective against any person or party, nor may it be invoked by the administrator for any purpose, until it has been made available for public inspection as herein required. This provision is not applicable in favor of any person or party who has actual knowledge thereof.
S.C. Code Ann. § 37-2-703 — SC Code / Title 37 / Chapter 2 / Section 37-2-703
SECTION 37-2-703. Renegotiation; extension of agreement.
Status: in_force

(a) A renegotiation occurs when an existing consumer rental-purchase agreement is satisfied and replaced by a new consumer rental-purchase agreement undertaken by the same lessor and lessee. A renegotiation is a new lease requiring new disclosures. However, the following events are not treated as renegotiations: (1) the addition or return of property in a multiple-item agreement or the substitution of the leased property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent; (2) a deferral or extension of one or more periodic payments, or portions of a periodic payment; (3) a reduction in charges in the agreement; (4) a lease or agreement involved in a court proceeding; (b) No disclosures are required for any extension of a consumer rental-purchase agreement.
S.C. Code Ann. § 37-3-601 — SC Code / Title 37 / Chapter 3 / Section 37-3-601
SECTION 37-3-601. Loans subject to this Title by agreement of parties.
Status: in_force

The parties to a loan other than a consumer loan may agree in a writing signed by the parties that the loan is subject to the provisions of this title applying to consumer loans. If the parties so agree, the loan is a consumer loan for the purposes of this title.
S.C. Code Ann. § 37-2-110 — SC Code / Title 37 / Chapter 2 / Section 37-2-110
SECTION 37-2-110. "Cash price" defined.
Status: in_force

Except as the administrator may otherwise prescribe by rule, the "cash price" of goods, services, or an interest in land means the price at which goods, services, or interest in land are offered for sale by the seller to cash buyers in the ordinary course of business, and may include: (1) applicable sales, use, and excise and documentary stamp taxes; (2) the cash price of accessories or related services such as delivery, installation, servicing, repairs, alterations and improvements; and (3) amounts actually paid or to be paid by the seller for registration, certificate of title, or license fees. The cash price stated by the seller to the buyer pursuant to the provisions on disclosure (Part 3) of this chapter is presumed to be the cash price.
S.C. Code Ann. § 37-6-603 — SC Code / Title 37 / Chapter 6 / Section 37-6-603
SECTION 37-6-603. Staff and expenses.
Status: in_force

The Division of Consumer Advocacy must be staffed and equipped to perform the functions prescribed in Section 37-6-604. The expenses of the office must be paid from appropriations provided annually in the state General Appropriations Act.
S.C. Code Ann. § 37-16-30 — SC Code / Title 37 / Chapter 16 / Section 37-16-30
SECTION 37-16-30. Appointment of sales person as company representative; filing of name, address, and telephone number; renewal; fees; refusal or revocation of appointment.
Status: in_force

Before any sales or solicitation activity commences, a person seeking to be involved in direct selling or direct in-person or electronic solicitation of the general public or segments of the general public, on behalf of a prepaid legal services company, must be appointed a representative of that prepaid legal services company by filing with the department, on a form prescribed by the department, the appointee's name, address, and telephone number. The appointment must be renewed each year no later than October first. The department may collect a fee of forty dollars with each initial or renewal filing and may use the proceeds to offset the costs of administering and enforcing this chapter. Appointment may be refused or revoked upon a finding that a prospective representative or representative has been convicted of a crime of deceit or dishonesty within the previous ten years.
S.C. Code Ann. § 37-29-100 — SC Code / Title 37 / Chapter 29 / Section 37-29-100
SECTION 37-29-100. PalmettoPride established; purpose.
Status: in_force

There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31, Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement statewide and local programs for litter control.
S.C. Code Ann. § 37-3-207 — SC Code / Title 37 / Chapter 3 / Section 37-3-207
SECTION 37-3-207. Conversion to revolving loan account.
Status: in_force

The parties may agree to add to a revolving loan account the unpaid balance of a consumer loan, not made pursuant to revolving loan account, or a refinancing, or consolidation thereof, or the unpaid balance of a consumer credit sale, refinancing or consolidation. For the purpose of this section: (1) the unpaid balance of a consumer loan, refinancing, or consolidation is an amount equal to the principal determined according to the provisions on refinancing (Section 37-3-205); and (2) the unpaid balance of a consumer credit sale, refinancing, or consolidation is an amount equal to the amount financed determined according to the provisions on refinancing (Section 37-2-205).
S.C. Code Ann. § 37-1-303 — SC Code / Title 37 / Chapter 1 / Section 37-1-303
SECTION 37-1-303. Index of definitions in title.
Status: in_force

Definitions in this title and the sections in which they appear are: "Actuarial method" - Section 37-1-301(1) "Administrator" - Section 37-1-301(2) "Administrator" - Section 37-6-103 "Agreement" - Section 37-1-301(3) "Agricultural purpose" - Section 37-1-301(4) "Alternative mortgage loan" - Section 37-1-301(5) "Amount financed" - Section 37-2-111 "Assumption" - Section 37-1-301(5A) "Billing cycle" - Section 37-1-301(6) "Card holder" - Section 37-1-301(7) "Card issuer" - Section 37-1-301(8) "Cash price" - Section 37-2-110 "Cash Advance" - Section 37-1-301(30) "Conspicuous" - Section 37-1-301(9) "Consumer" - Section 37-1-301(10) "Consumer credit insurance" - Section 37-4-103 "Consumer credit sale" - Section 37-2-104 "Consumer credit transaction" - Section 37-1-301(11) "Consumer lease" - Section 37-2-106 "Consumer loan" - Section 37-3-104 "Contested case" - Section 37-6-402(1) "Credit" - Section 37-1-301(12) "Credit Insurance Act" - Section 37-4-103 "Creditor" - Section 37-1-301(13) "Credit service charge" - Section 37-2-109 "Debt Collector" - Section 37-1-301(28) "Debtor" - Section 37-1-301(14) "Earnings" - Section 37-1-301(15) "Federal Truth-in-Lending Act" - Section 37-1-302 "Goods" - Section 37-2-105(1) "Home solicitation sale" - Section 37-2-501 "Lender" - Section 37-3-107(1) "Lender credit card or similar arrangement" - Section 37-1-301(16) "License" - Section 37-6-402(2) "Licensee" - Section 37-1-301(29) "Licensing" - Section 37-6-402(3) "Loan" - Section 37-3-106 "Loan finance charge" - Section 37-3-109 "Merchandise certificate" - Section 37-2-105(2) "Official fees" - Section 37-1-301(17) "Organization" - Section 37-1-301(18) "Party" - Section 37-6-402(4) "Payable in installments" - Section 37-1-301(19) "Person" - Section 37-1-301(20) "Person related to" - Section 37-1-301(21) "Precomputed" (loan) - Section 37-3-107(2) "Precomputed" (sale) - Section 37-2-105(7) "Presumed" or "presumption" - Section 37-1-301(22) "Principal" - Section 37-3-107(3) "Residence" - Section 37-1-301(23) "Residential manufactured home" - Section 37-1-301(24) "Residential real property" - Section 37-1-301(25) "Restricted lender" - Section 37-3-501(4) "Restricted loan" - Section 37-3-501(3) "Revolving charge account" - Section 37-2-108 "Revolving loan account" - Section 37-3-108 "Rule" - Section 37-6-402(5) "Sale of an interest in land" - Section 37-2-105(6) "Sale of goods" - Section 37-2-105(4) "Sale of services" - Section 37-2-105(5) "Seller" - Section 37-2-107 "Seller credit card" - Section 37-1-301(26) "Services" - Section 37-2-105(3) "Supervised financial organization" - Section 37-1-301(27) "Supervised lender" - Section 37-3-501(2) "Supervised loan" - Section 37-3-501(1).
S.C. Code Ann. § 37-4-206 — SC Code / Title 37 / Chapter 4 / Section 37-4-206
SECTION 37-4-206. Required disclosures; need for debtor to sign.
Status: in_force

Notwithstanding the requirements of Sections 37-2-202(2), 37-3-202(2), 37-4-110(1)(e), and 37-4-201(3)(b) required disclosures must be given and acknowledged, but need not be signed by the debtor, in a transaction that meets all of the following requirements: (a) the plan is an open-end loan or open-end credit plan; (b) the insurance election or change is made by the debtor at a time after the plan documents are initially completed and the plan is established; (c) the premiums or insurance charges are to be added to the account monthly on an outstanding balance basis; (d) the insurance election or change is requested by the debtor by telephone or other electronic means; (e) the consumer has the ability to cancel the credit insurance at any time; and (f) the consumer is given a clear and conspicuous disclosure in plain language on the first statement in which the additional charge is included stating that there has been an increase in the insurance premium and that the coverage may be canceled at any time. In lieu of providing the disclosure on the first statement in which the additional charge is included, a separate disclosure may be mailed to the consumer no later than in conjunction with the mailing of the first statement in which the additional charge is included.
S.C. Code Ann. § 37-23-70 — SC Code / Title 37 / Chapter 23 / Article 5 / Section 37-23-70
SECTION 37-23-70. Prohibited acts; complaints; penalties; statute of limitations; enforcement; costs.
Status: in_force

(A) A lender may not engage knowingly or intentionally in the unfair act or practice of "flipping" a consumer home loan. This provision applies regardless of whether the interest rate, points, fees, and charges paid or payable by the borrower in connection with the refinancing exceed those thresholds specified in Section 37-23-20(15). (B) It is unlawful, on or after January 1, 2005, for a lender in a consumer home loan to finance, directly or indirectly, credit life, disability, debt cancellation, or unemployment insurance, or other life or health insurance premiums, except that insurance premiums calculated and paid on a monthly basis are not considered to be financed by the lender. (C) A lender may not recommend or encourage default on an existing loan or other debt before and in connection with the closing or planned closing of a consumer home loan that refinances all or a portion of the existing loan or debt. (D) At the time of application for a mortgage loan, the mortgage broker, originator, or employee shall provide the borrower with a document specifying the agency designated to receive complaints or inquiries about the origination and making of the loan, with the telephone number and address of the agency. The consumer shall sign a copy of the document acknowledging receipt of this disclosure and the copy must be maintained in the files of the mortgage broker or originator. (E) Unless otherwise allowed under federal law, a consumer home loan agreement may not contain a choice of law provision identifying a state other than South Carolina. (F) The making of a consumer home loan that violates this section is a violation of the provisions of this article and the borrower has a right in action, other than a class action, to recover from the lender or party charged with the violation actual damages and also a penalty in an amount determined by the court of not less than one thousand five hundred dollars and not more than seven thousand five hundred dollars for each transaction. No borrower may bring a class action for a violation of this article. No borrower may bring an action for a violation of this article more than six years after the violation occurred and after the original scheduled maturity date of the debt. This subsection does not bar a borrower from asserting a violation of this article in an action to collect a debt which was brought more than six years from the date of the occurrence of the violation and after the original scheduled maturity date of the debt as a matter of defense by recoupment or set-off in such action. (G)(1) If the court finds as a matter of law that the agreement or transaction violates the provisions of this article at the time it was made, the court may, in an action other than a class action: (a) refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court determines to have been unlawful at the time it was made; (b) enforce the remainder of the agreement without the unlawful term or part, or limit the application of the unlawful term or part to avoid an unlawful result; (c) rewrite or modify the agreement to eliminate an unlawful term, part, or result and enforce the new agreement; or (d) award either one of the following: (i) not more than the total amount of the loan finance charge and allow repayment of the unpaid balance of the loan without any finance charge; or (ii) not more than double the amount of excess loan finance charge or other charges or fees actually received by the lender or paid by the borrower to a third party. (2) An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt. (H) In an action in which it is found that a lender has violated this chapter, the court shall award to the borrower the costs of the action and to his attorneys their reasonable fees. In determining attorney's fees, the amount of the recovery on behalf of the borrower is not controlling. (I) This article establishes specific consumer protections in consumer home loans in addition to other consumer protections that may be otherwise available by law. (J) The Administrator of the Department of Consumer Affairs, the Attorney General, the Commissioner of Banking, the Director of the Consumer Finance Division, or any party to a high-cost home loan may enforce the provisions of this article. The penalties and remedies provided in this article are in addition to and cumulative of penalties and remedies available pursuant to other provisions of law. (K) Points and fees charged on consumer home loans and subject to this article are considered earned immediately and not subject to Section 37-3-201 and the rebate provisions of Sections 37-3-209 and 37-3-210; provided, that this section does not limit the borrower's right to prepay under Section 37-3-209.
S.C. Code Ann. § 37-9-101 — SC Code / Title 37 / Chapter 9 / Section 37-9-101
SECTION 37-9-101. Time of taking effect; provisions for transition.
Status: repealed

(1) Except as otherwise provided in this section, this title takes effect at 12:01 A.M. on January 1, 1975. (2) To the extent appropriate to permit the administrator to prepare for operation of this title when it takes effect the chapter on administration (Chapter 6) takes effect immediately. The provisions of this title relating to sales and leases become effective at 12:01 A.M. on January 1 1975, but the parties to a consumer sale or lease or renewal or consolidation thereof, made after the effective date of the chapter on administration, may agree in writing signed by the parties that the sale or lease is subject to the provisions of this title applying to consumer sales or leases. If the parties so agree, the sale or lease or renewal or consolidation thereof shall be subject to this title just as if the entire title were effective on the date of the agreement. (3) Transactions entered into before this title takes effect and the rights, duties, and interests flowing from them thereafter may be terminated, completed, consummated, or enforced as required or permitted by any statute, rule of law, or other law amended, repealed, or modified by this title as though the repeal, amendment, or modification had not occurred, but this title applies to (a) refinancings, consolidations, and deferrals made after this title takes effect of sales, leases, and loans whenever made; (b) sales or loans made after this title takes effect pursuant to revolving charge accounts (Section 37-2-108) and revolving loan accounts (Section 37-3-108) entered into, arranged, or contracted for before this title takes effect; and (c) all credit transactions made before this title takes effect insofar as the chapter on remedies and penalties (Chapter 5) limits the remedies of creditors. (4) With respect to revolving charge accounts (Section 37-2-108) and revolving loan accounts (Section 37-3-108) entered into, arranged, or contracted for before this title takes effect, disclosure pursuant to the provisions on disclosure, shall be made not later than thirty days after this title takes effect.
S.C. Code Ann. § 37-16-50 — SC Code / Title 37 / Chapter 16 / Section 37-16-50
SECTION 37-16-50. Prior approval of contracts; required provisions as to selection of attorney; approval process.
Status: in_force

Contracts offering prepaid legal services must be filed with the department for approval prior to being offered to the general public or a segment of the general public. A contract for prepaid legal services must include a provision allowing the member or beneficiary the right to select the attorney of his choice when legal services are needed. If this option is chosen, the company may adjust the amount the member or beneficiary is charged to participate in the prepaid legal services plan. However, approval must not be withheld unless the contract is false, misleading, unfair, deceptive, or is in violation of this chapter or other applicable law. Contracts filed are deemed approved if the department does not notify the prepaid legal services company of its nonapproval within forty-five days of receipt of the contract.
S.C. Code Ann. § 37-22-180 — SC Code / Title 37 / Chapter 22 / Section 37-22-180
SECTION 37-22-180. Notice of change of address; display of license.
Status: in_force

(A) A licensee shall report to the commissioner a change of address of the principal place of business or a branch office at least seven days before the change. Change of address notification of a licensed location must be accompanied by a fee of twenty-five dollars. (B) A mortgage lender licensed pursuant to this chapter shall display in plain view in its principal office and in each branch the license issued by the commissioner. A loan originator licensed pursuant to this chapter shall display in each branch office in which mortgage loans are originated a copy of the license issued by the commissioner.
S.C. Code Ann. § 37-17-120 — SC Code / Title 37 / Chapter 17 / Section 37-17-120
SECTION 37-17-120. Promulgation of regulations.
Status: in_force

The department may promulgate regulations necessary to effectuate the purposes of this chapter.
S.C. Code Ann. § 37-2-501 — SC Code / Title 37 / Chapter 2 / Section 37-2-501
SECTION 37-2-501. Definition: "home solicitation sale".
Status: in_force

"Home solicitation sale" means a consumer credit sale of goods or services in which the seller or a person acting for him personally solicits the sale, and the buyer's agreement or offer to purchase is given to the seller or a person acting for him, at a residence. It does not include a sale made pursuant to a pre-existing revolving charge account with the seller or pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, a transaction conducted and consummated entirely by mail or telephone, or a sale which is subject to the provisions of the Federal Truth in Lending Act on the consumer's right to rescind certain transactions. A sale that would be a home solicitation sale if credit were extended by the seller is nonetheless so because the goods or services are paid for in whole or in part by use of a credit card or by a consumer loan with respect to which the lender is subject to claims and defenses arising from the sale (Section 37-3-410), and the buyer has the same rights against the card issuer or lender that he has against the seller under this part.
S.C. Code Ann. § 37-25-80 — SC Code / Title 37 / Chapter 25 / Section 37-25-80
SECTION 37-25-80. Immunity.
Status: in_force

A licensed optometrist or ophthalmologist who has prescribed contact lenses or who releases a contact lens prescription pursuant to this chapter is not liable for damages due to injury resulting from violation of this chapter unless the person offering to dispense or dispensing the contact lenses and the person that prescribed the contact lenses are the same person.
S.C. Code Ann. § 37-22-200 — SC Code / Title 37 / Chapter 22 / Section 37-22-200
SECTION 37-22-200. Powers of commissioner relating to denial, suspension, revocation or refusal to renew license; surrender; investigations and subpoena of documents.
Status: in_force

(A) The commissioner, by order, may deny, suspend, revoke, or refuse to issue or renew a license of a licensee or applicant pursuant to this chapter or may restrict or limit the activities relating to mortgage loans of a licensee or a person who owns an interest in or participates in the business of a licensee, if the commissioner finds that both: (1) the order is in the public interest; and (2) the applicant, licensee, or any partner, member, manager, officer, director, loan originator, managing principal, or other person occupying a similar status or performing similar functions or a person directly or indirectly controlling the applicant or licensee: (a) has filed an application for license that, as of its effective date or as of a date after filing, contained a statement that, in light of the circumstances under which it was made, is false or misleading with respect to a material fact; (b) has violated or failed to comply with a provision of this chapter or order of the commissioner; (c) within the past ten years has been convicted of, or pled guilty or nolo contendere to, a misdemeanor involving financial services or financial services related business or an offense involving breach of trust or fraudulent or dishonest dealing, or money laundering or has been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court; (d) is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing conduct or practice involving financial services or financial services related business; (e) is the subject of an order of the commissioner denying, suspending, or revoking that person's license; (f) is the subject of an order entered by the authority of a governmental entity with jurisdiction over the financial services or financial services related industry denying or revoking that person's license; (g) does not meet the qualifications or the financial responsibility, character, or general fitness requirements, or a bond or capital requirements, pursuant to this chapter; (h) has been the executive officer or controlling shareholder or owned a controlling interest in a financial services or financial services related business that has been subject to an order or injunction described in subitems (d), (e), or (f); (i) has failed to pay the proper filing or renewal fee pursuant to this chapter or a fine, penalty, or fee imposed by any governmental entity. However, the commissioner may enter only a denial order pursuant to this subitem, and the commissioner shall vacate the order when the deficiency is corrected; or (j) has falsely certified attendance or completion of hours at an approved education course. (B) The commissioner, by order, summarily may postpone or suspend the license of a licensee pending final determination of a proceeding pursuant to this section. Upon entering the order, the commissioner shall notify promptly the applicant or licensee that the order has been entered, the reasons for the order, and the procedure for requesting a hearing before the Administrative Law Court. If a licensee does not request a hearing and the commissioner does not request a hearing, the order remains in effect until it is modified or vacated by the commissioner. (C) The commissioner, by order, may impose an administrative penalty upon a licensee or any member, partner, officer, director, or other person occupying a similar status or performing similar functions on behalf of a licensee for a violation of this chapter. The administrative penalty may not exceed ten thousand dollars for each violation of this chapter by a licensee. The commissioner may impose an administrative penalty that may not exceed ten thousand dollars for each violation of this chapter by a person other than a licensee or exempt person. (D) In addition to other powers pursuant to this chapter, upon finding that an action of a person is in violation of this chapter, the commissioner may order the person to cease from the prohibited action. If the person subject to the order fails to request a contested case hearing in accordance with Section 37-22-130, or if the person requests the hearing and it is denied or dismissed, and the person continues to engage in the prohibited action in violation of the commissioner's order, the person is subject to an administrative penalty that may not exceed twenty-five thousand dollars for each violation of the commissioner's order. The penalty provision of this section is in addition to and not instead of another provision of law for failure to comply with an order of the commissioner. (E) Unless otherwise provided, all actions and hearings pursuant to this chapter are governed by Chapter 23, Title 1. (F) If a licensee is accused of any act, omission, or misconduct that subjects the licensee to disciplinary action, the licensee, with the consent and approval of the commissioner, may surrender the license and the rights and privileges pertaining to it and is not eligible to receive, or to submit an application for, licensure for a period of time established by the commissioner. (G) If the commissioner has reasonable grounds to believe that a licensee or other person has violated this chapter or that facts exist that would be the basis for an order against a licensee or other person, the commissioner, either personally or by a person duly designated by the commissioner, at any time may investigate or examine the loans and business of the licensee and examine the books, accounts, records, and files of the licensee or other person relating to the complaint or matter under investigation. The reasonable cost of this investigation or examination must be charged against the licensee. The commissioner may require the licensee or other person to submit a consent to a national and state fingerprint-based criminal history record check and a set of that person's fingerprints in a form acceptable to the commissioner in connection with an examination or investigation. Refusal to submit the requested criminal history record check or a set of fingerprints is grounds for disciplinary action. (H) The commissioner may subpoena documents and witnesses and compel their production and attendance, to examine under oath all persons whose testimony the commissioner considers relative to the person's business and require the production of books, papers, or other materials. (I) The commissioner, at the licensee's expense, may conduct routine examinations of the books and records of a licensee to determine compliance with this chapter. (J) The commissioner shall cooperate and share information with an agency of this State, other states, or the federal government concerning activity regulated by this chapter. The commissioner shall accept or participate in examinations conducted by one of these agencies. (K) In addition to the authority described in this section, the commissioner may require a person to pay to a borrower or other natural person amounts received by the person or its employees in violation of this chapter. (L) If the commissioner finds that the managing principal, branch manager, or loan originator of a licensee had knowledge of, or reasonably should have had knowledge of, or participated in an activity that results in the entry of an order suspending or withdrawing the license of a licensee, the commissioner may prohibit the branch manager, managing principal, or loan originator from serving as a branch manager, managing principal, or loan originator for the period of time the commissioner considers necessary. (M) Orders issued by the commissioner or by the Administrative Law Court pursuant to this chapter must be reported by the commissioner to the Nationwide Mortgage Licensing System and Registry.
S.C. Code Ann. § 37-3-503 — SC Code / Title 37 / Chapter 3 / Section 37-3-503
SECTION 37-3-503. License to make supervised loans.
Status: in_force

(1) The State Board of Financial Institutions shall receive and act on all applications for licenses to make supervised loans under this title. Applications shall be filed in the manner prescribed by the Board and shall contain the information the Board requires by rule to make an evaluation of the financial responsibility, character and fitness of the applicant, and the convenience and advantage to the community in which the licensed office is to be located. (2) An applicant meets the minimum standard of financial responsibility for engaging in the business of making supervised loans (Section 37-3-502) if he has available for operation of that business in this State assets of at least twenty-five thousand dollars for each license issued. (3) Upon written request, the applicant is entitled to a hearing on the question of his qualifications for a license if (a) the State Board of Financial Institutions has notified the applicant in writing that his application has been denied, or (b) the Board has not issued a license within sixty days after the application for the license was filed. A request for a hearing may not be made more than fifteen days after the Board has mailed a writing to the applicant notifying him that the application has been denied and stating in substance the Board findings supporting denial of the application. (4) The State Board of Financial Institutions shall issue additional licenses to the same licensee upon compliance with all the provisions of this Title governing issuance of a single license. A separate license shall be required for each place of business. Each license shall remain in full force and effect until surrendered, suspended, or revoked. (5) A supervised lender, other than a supervised financial organization, prior to installation of an electronic information processing device in the form of a computer terminal, whether or not manned by an employee of the licensee, which is or may be activated by a customer of a licensee for the purpose of obtaining consumer loans from a licensee, whether by way of cash disbursement or other method of funds transfer, must apply for and obtain a license for such installation if located off premises from a licensed location or place of business. (6) No licensee shall change the location of any place of business without giving the State Board of Financial Institutions at least 15 days prior written notice and no such change shall be made to a location outside of the city or town for which a license is issued, without obtaining a new license for such location. For these purposes "city or town" means an incorporated area and its contiguous unincorporated suburbs. (7)(a) A licensee may conduct the business of making supervised loans only at or from any place of business for which he holds a license and not under any other name than that in the license. Sales or leases made pursuant to a lender credit card do not violate this subsection. (b)(1) A person licensed to make supervised loans may not make or enter into a closed-end credit transaction, with an original repayment term of less than one hundred twenty days, unsecured by any interest in the consumer's personal property or secured by personal property, excluding motor vehicles that are free of any other liens or encumbrances, that does not have a market value that reasonably secures the amount of the loan, and the consumer: (i) receives funds from and incurs interest or a fee payable to a creditor, and contemporaneously with, or any time after, the receipt of funds, provides a check or other payment instrument to the creditor who agrees with the consumer not to deposit or present the check or payment instrument; or (ii) receives funds from and incurs interest or a fee payable to a creditor, and contemporaneously with, or any time after, the receipt of funds, authorizes the creditor to initiate a debit or debits to the consumer's deposit account by electronic fund transfer or a remotely created check or remotely created consumer item as defined in Section 36-3-103(16). (2) The board shall impose the following penalties for violation of this item: (a) a fine of five hundred dollars for the first violation; (b) a fine of one thousand dollars for the second violation; (c) permanent revocation of license for the third violation. The board may not revoke a license issued pursuant to this chapter unless the licensee has been given notice and opportunity for hearing in accordance with the Administrative Procedures Act. (3) In addition to the penalties required in subsubitem (2), the board or the court may order and impose civil penalties upon a person subject to the provisions of this article for violations of this article or its regulations in an amount not to exceed one thousand dollars for each violation. The board also may order repayment of unlawful or excessive fees charged to customers. (c) The provisions of item (b)(1) do not apply to credit unions, bank holding companies, banks, or financial institutions insured by the Federal Deposit Insurance Corporation. (d) A person licensed to make supervised loans that makes supervised loans secured by a motor vehicle that have an original repayment term of less than one hundred twenty days must comply with the provisions contained in Section 37-3-413. (8) The State Board of Financial Institutions, for the purposes of execution of its responsibilities under this Title, shall be entitled to collect from applicants and licensees the regulatory fees provided in Chapter 29, Title 34. But all lenders shall pay the notification fee provided in this Title to administrator. Editor's Note 2010 Act No. 287, SECTION 3, provides as follows: "Any provision of this act deemed by HUD to conflict with its interpretation of the SAFE Act, provided for in Section 1508 of Title V of The Housing and Economic Recovery Act of 2008, Public Law 110-289, must be interpreted, applied, or amended in such a way so as to comply with HUD's interpretation of the SAFE Act. If any provision of this act cannot be interpreted, applied, or amended in such a way so as to comply with the SAFE Act, that provision must be severed from the act and shall not affect the remainder of the act's compliance with the SAFE Act. The regulating authority shall adopt emergency regulations or take other actions necessary to ensure compliance with the SAFE Act and the regulating authority's continued jurisdiction over and supervision of the mortgage business in this State."
S.C. Code Ann. § 37-2-502 — SC Code / Title 37 / Chapter 2 / Section 37-2-502
SECTION 37-2-502. Buyer's right to cancel.
Status: in_force

(1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, the buyer may cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with this part. (2) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase. (3) Notice of cancellation, if given by mail, is given when it is properly addressed with postage prepaid and deposited in a mailbox. (4) Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale. (5) The buyer may not cancel a home solicitation sale if, by a separate dated and signed statement that is not as to its material provisions a printed form and describes an emergency requiring immediate remedy, the buyer requests the seller to provide goods or services without delay in order to safeguard the health, safety, or welfare of natural persons or to prevent damage to property the buyer owns or for which he is responsible, and: (a) the seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation; and (b) in the case of goods, they cannot be returned to the seller in substantially as good condition as when received by the buyer.
S.C. Code Ann. § 37-6-409 — SC Code / Title 37 / Chapter 6 / Section 37-6-409
SECTION 37-6-409. Declaratory rulings by administrator.
Status: in_force

The administrator shall provide by rule for the filing and prompt disposition of petitions or declaratory rulings as to the applicability of any statutory provision or of any rule of the administrator. Rulings disposing of petitions have the same status as decisions or orders in contested cases.
S.C. Code Ann. § 37-13-70 — SC Code / Title 37 / Chapter 13 / Section 37-13-70
SECTION 37-13-70. Education of public and enforcement of chapter by Department of Consumer Affairs.
Status: in_force

Consistent with this chapter, the Department of Consumer Affairs may use all powers in Chapter 6 of this title to educate the public and enforce this chapter subject to the duties imposed on the department in Chapter 6.
S.C. Code Ann. § 37-25-40 — SC Code / Title 37 / Chapter 25 / Section 37-25-40
SECTION 37-25-40. Prescription; time valid.
Status: in_force

A prescription for a contact lens without power sold for any reason is valid for twelve months from the later of the date: (i) the prescription is authorized; or (ii) the last date of the contact lens evaluation by an optometrist licensed in accordance with Chapter 37, Title 40 or ophthalmologist licensed in accordance with Chapter 47, Title 40. A contact lens prescription may not be issued to expire beyond this twelve-month period and may be only issued to expire before the end of this twelve-month period if the expiration is ordered due to a health related reason noted in the patient's medical chart.
S.C. Code Ann. § 37-6-506 — SC Code / Title 37 / Chapter 6 / Section 37-6-506
SECTION 37-6-506. Powers and duties of Commission.
Status: repealed

(1) The Commission shall be the policymaking and governing authority of the Department of Consumer Affairs and shall appoint the administrator and be responsible for enforcement of this title. (2) The Commission, through the administrator, shall see that the provisions of this title are faithfully administered and enforced and to that end it may adopt, amend and repeal rules and regulations, not inconsistent with law, to interpret and explain provisions of this title, carry out the purposes and policies of this title, to prevent circumvention or evasion thereof or to facilitate compliance therewith. (3) No provision of this title or of any statute to which this title refers which imposes any penalty on any creditor shall apply to any act done, or omitted to be done, in conformity with any rule or regulation so adopted, amended or repealed or in conformity with any written order, opinion, interpretation or statement of the Commission or of the administrator, notwithstanding that such rule, regulation, order, opinion, interpretation or statement may, after such act or omission, be amended, or rescinded or be determined by judicial or other authority to be erroneous or invalid for any reason.
S.C. Code Ann. § 37-3-500 — SC Code / Title 37 / Chapter 3 / Section 37-3-500
SECTION 37-3-500. Scope.
Status: in_force

Except as provided in Section 37-3-512, this Part shall not apply to restricted loans or restricted lenders.
S.C. Code Ann. § 37-6-608 — SC Code / Title 37 / Chapter 6 / Section 37-6-608
SECTION 37-6-608. Temporary staff; compensation.
Status: in_force

To the extent necessary to carry out the consumer advocacy responsibilities, the Consumer Advocate may employ, in addition to a regular staff, temporary, professional, technical, or research specialists to assist in preparing and presenting cases. The compensation paid to these persons may be commensurate with compensation generally paid by the regulated industry for these specialists but must not exceed the appropriation made for such purposes.
S.C. Code Ann. § 37-11-135 — SC Code / Title 37 / Chapter 11 / Section 37-11-135
SECTION 37-11-135. Exemptions; letter of nonapplicability.
Status: in_force

A facility that does not require payment of an entrance fee is exempt from the requirements of this chapter. In order to qualify for this exemption, a facility must obtain a letter of nonapplicability from the department. A facility that has obtained a letter of nonapplicability may not hold itself out to be a continuing care retirement community. Effect of Amendment 2022 Act No. 197, SECTION 7, in the first sentence, substituted "facility that" for "continuing care retirement community which", and added the third sentence.
S.C. Code Ann. § 37-21-70 — SC Code / Title 37 / Chapter 21 / Section 37-21-70
SECTION 37-21-70. Unwanted telephone solicitations; Do Not Call Registry; affirmative defense.
Status: in_force

(A) A person may not initiate, or cause to be initiated, a telephone solicitation directed to a telephone number when a person at that telephone number previously stated a desire not to be contacted again by or on behalf of the person on whose behalf the telephone solicitation is being made. This statement may be made to a telephone solicitor or to the person on whose behalf the telephone solicitation is being made if that person is different from the telephone solicitor. Any request not to receive telephone solicitations must be honored for at least five years from the time the request is made. (B) A telephone solicitor may not initiate, or cause to be initiated, a telephone solicitation to a telephone number on the National Do Not Call Registry maintained by the federal government pursuant to the Telemarketing Sales Rule, 16 C.F.R. Part 310, and 47 C.F.R. Section 64.1200. (C) It is an affirmative defense in any action brought pursuant to Section 37-21-80 or 37-21-90 for a violation of this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitation in violation of this section, including using in accordance with applicable federal regulations a version of the National Do Not Call Registry obtained from the administrator of the registry no more than thirty-one days prior to the date a telephone solicitation is made.
S.C. Code Ann. § 37-3-104 — SC Code / Title 37 / Chapter 3 / Section 37-3-104
SECTION 37-3-104. "Consumer loan" defined.
Status: in_force

Except as provided in Section 37-3-105, "consumer loan" is a loan made by a person regularly engaged in the business of making loans in which: (a) the debtor is a person other than an organization; (b) the debt is incurred primarily for a personal, family, or household purpose; (c) either the debt is payable in installments or a loan finance charge is made; and (d) either the principal does not exceed twenty-five thousand dollars or the debt is secured by an interest in land.
S.C. Code Ann. § 37-6-410 — SC Code / Title 37 / Chapter 6 / Section 37-6-410
SECTION 37-6-410. Contested cases; notice; hearing; records.
Status: in_force

(1) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. (2) The notice shall include: (a) a statement of the time, place, and nature of the hearing; (b) a statement of the legal authority and jurisdiction under which the hearing is to be held; (c) a reference to the particular provisions of the statutes and rules involved; (d) a short and plain statement of the matters asserted. If the administrator or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished. (3) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved. (4) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. (5) The record in a contested case shall include: (a) all pleadings, motions, intermediate rulings; (b) evidence received or considered; (c) a statement of matters officially noticed; (d) questions and offers of proof, objections, and rulings thereon; (e) proposed findings and exceptions; (f) any decision, opinion, or report by the officer presiding at the hearing; (g) all staff memoranda or data submitted to the hearing officer or members of the office of the administrator in connection with their consideration of the case. (6) Oral proceedings or any part thereof shall be transcribed on request of any party, but at his expense. (7) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
S.C. Code Ann. § 37-3-501 — SC Code / Title 37 / Chapter 3 / Section 37-3-501
SECTION 37-3-501. Definitions: "supervised loan"; "supervised lender"; "restricted loan"; "restricted lender".
Status: in_force

(1) "Supervised loan" means a consumer loan in which the rate of the loan finance charge exceeds twelve percent per year as determined according to the provisions on the loan finance charge for consumer loans (Section 37-3-201). A supervised loan does not include: (a) a mortgage loan as defined in Section 37-22-110(30); or (b) a closed-end credit transaction, with an original repayment term of less than one hundred twenty days, unsecured by any interest in the consumer's personal property or secured by personal property, excluding motor vehicles that are free of any other liens or encumbrances, that does not have a market value that reasonably secures the amount of the loan, and the consumer: (i) receives funds from and incurs interest or a fee payable to a creditor, and contemporaneously with, or any time after, the receipt of funds, provides a check or other payment instrument to the creditor who agrees with the consumer not to deposit or present the check or payment instrument; or (ii) receives funds from and incurs interest or a fee payable to a creditor, and contemporaneously with, or any time after, the receipt of funds, authorizes the creditor to initiate a debit or debits to the consumer's deposit account by electronic fund transfer or a remotely created check or remotely created consumer item as defined in Section 36-3-103(16). The provisions of subitem (b) do not apply to credit unions, bank holding companies, banks, or financial institutions insured by the Federal Deposit Insurance Corporation. (2) "Supervised lender" means a person authorized to make or take assignments of supervised loans. (3) "Restricted loan" means a supervised loan made by a restricted lender pursuant to and in compliance with Chapter 29, Title 34 (The South Carolina Consumer Finance Act). (4) "Restricted lender" means a person licensed pursuant to Chapter 29, Title 34 to make loans under that chapter (The South Carolina Consumer Finance Act). Editor's Note 2010 Act No. 287, SECTION 3, provides as follows: "Any provision of this act deemed by HUD to conflict with its interpretation of the SAFE Act, provided for in Section 1508 of Title V of The Housing and Economic Recovery Act of 2008, Public Law 110-289, must be interpreted, applied, or amended in such a way so as to comply with HUD's interpretation of the SAFE Act. If any provision of this act cannot be interpreted, applied, or amended in such a way so as to comply with the SAFE Act, that provision must be severed from the act and shall not affect the remainder of the act's compliance with the SAFE Act. The regulating authority shall adopt emergency regulations or take other actions necessary to ensure compliance with the SAFE Act and the regulating authority's continued jurisdiction over and supervision of the mortgage business in this State."
S.C. Code Ann. § 37-2-303 — SC Code / Title 37 / Chapter 2 / Section 37-2-303
SECTION 37-2-303. Notice to cosigner and similar parties.
Status: in_force

(1) A natural person, other than the spouse of the consumer, is not obligated as a cosigner, comaker, guarantor, indorser, surety, or similar party with respect to a consumer credit sale, unless before or contemporaneously with signing any separate agreement of obligation or any writing setting forth the terms of the debtor's agreement, the person receives a separate written notice that contains a completed identification of the debt he may have to pay and reasonably informs him of his obligation with respect to it. (2) A clear and conspicuous notice in substantially the following form complies with this section: NOTICE You agree to pay the debt identified below although you may not personally receive any property, services, or money. You may be sued for payment although the person who receives the property, services, or money is able to pay. This notice is not the contract that obligates you to pay the debt. Read the contract for the exact terms of your obligation. (3) The notice required by this section need not be given to a seller, lessor, or lender who is obligated to an assignee of his rights. (4) A person entitled to notice under this section shall also be given a copy of any writing setting forth the terms of the debtor's agreement and of any separate agreement of obligation signed by the person entitled to the notice. (5) A notice to cosigner which complies with the Federal Trade Commission's Trade Regulation Rule on Credit Practices (16 C.F.R. Section 444) complies with this section provided that the notice does not indicate that the creditor may collect any amount or engage in any activity which would be illegal under South Carolina law, and the notice contains the following information signed and dated by the co-signer. IDENTIFICATION OF DEBT YOU MAY HAVE TO PAY
S.C. Code Ann. § 37-6-601 — SC Code / Title 37 / Chapter 6 / Section 37-6-601
SECTION 37-6-601. Division of Consumer Advocacy created.
Status: in_force

There is created within the Department of Consumer Affairs the Division of Consumer Advocacy with duties and organizations as provided in this chapter.
S.C. Code Ann. § 37-3-412 — SC Code / Title 37 / Chapter 3 / Section 37-3-412
SECTION 37-3-412. Variable interest rate real estate mortgage loans.
Status: in_force

With respect to a consumer loan which is secured in whole or in part by a lien on real estate under which the aggregate of all sums advanced or contemplated by the parties in good faith to be advanced will not exceed one hundred thousand dollars, the rate of the loan finance charge shall be a fixed nonvariable rate unless the creditor makes the transaction in accordance with any regulation governing alternative mortgages promulgated by the State Board of Financial Institutions or a federal regulatory agency.
S.C. Code Ann. § 37-21-40 — SC Code / Title 37 / Chapter 21 / Section 37-21-40
SECTION 37-21-40. Disclosure of certain information at the outset of and during a telephone solicitation.
Status: in_force

(A) At the outset of a telephone solicitation, a telephone solicitor shall provide, in a clear and conspicuous manner, a first and last name to identify himself and provide the name of the person on whose behalf the telephone solicitation is being made and promptly disclose to the consumer the following information: (1) a telephone number and address at which the telephone solicitor may be contacted; (2) the purpose of the telephone solicitation; (3) that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the consumer. If requested by that person, the telephone solicitor must disclose the no purchase/no payment entry method for the prize promotion; and (4) the option to be added to the telephone solicitor's in-house 'do not call' list if the consumer requests being added to such list, confirmation that the consumer's name and telephone number will be placed on such list. (B) At the time of solicitation or offering, the telephone solicitor shall further disclose: (1) a reasonable and good-faith estimate of the total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the solicitation or offer; and (2) if the telephone solicitor, or the person on whose behalf the telephone solicitation is being made, has a policy of not making refunds, cancellations, exchanges, or repurchases, a statement informing the consumer of that policy. (C) If the consumer indicates that he does not want to hear the offer, the telephone solicitor must immediately end the contact.
S.C. Code Ann. § 37-5-203 — SC Code / Title 37 / Chapter 5 / Section 37-5-203
SECTION 37-5-203. Civil liability for violation of disclosure provisions.
Status: in_force

(1) Except as otherwise provided in this section, a creditor who, in violation of the provisions of the Federal Truth in Lending Act or Section 37-2-309 or 37-3-308, fails to disclose information to a person entitled to the information pursuant to this title is liable to that person in an amount equal to the sum of: (a) twice the amount of the finance charge in connection with the transaction, but the liability pursuant to this item must be not less than one hundred dollars or more than one thousand dollars; and (b) in the case of a successful action to enforce the liability pursuant to item (a), the costs of the action together with reasonable attorney's fees as determined by the court. (2) With respect to disclosures required by Section 37-2-301 or 37-3-301, a creditor has no liability pursuant to this section if, within sixty days after discovering an error, and before the institution of an action pursuant to this section or the receipt of written notice of the error, the creditor notifies the person of the error and makes necessary adjustments in the appropriate account to assure that the person is not required to pay a finance charge in excess of the amount of percentage rate actually disclosed. With respect to disclosures required by Section 37-2-309 or 37-3-308, a creditor has the liability stated in subsection (1)(a) if: (a) the creditor fails to give the disclosures required by Section 37-2-309 or 37-3-308; or (b) the disclosures required by Section 37-2-309(C) or 37-3-308(C) are provided but vary from the disclosures given at consummation pursuant to Section 37-2-301 or 37-3-301; if the cure or correction provisions of this subsection do not apply to those violations; and except that a lender is not liable unless the credit sale or loan transaction is consummated. (3) A creditor may not be held liable in any action brought under this section for a violation of this title if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. (4) Any action which may be brought under this section against the original creditor in any credit transaction involving a security interest in land may be maintained against any subsequent assignee of the original creditor where the assignee, its subsidiaries, or affiliates were in a continuing business relationship with the original creditor either at the time the credit was extended or at the time of the assignment, unless the assignment was involuntary, or the assignee shows by a preponderance of evidence that it did not have reasonable grounds to believe that the original creditor was engaged in violations of this title and that it maintained procedures reasonably adapted to apprise it of the existence of the violations. (5) No action pursuant to this section may be brought more than one year after the date of the occurrence of the violation. (6) In this section, creditor includes a person who in the ordinary course of business regularly extends or arranges for the extension of credit, or offers to arrange for the extension of credit. Nothing in this subsection, however, shall be construed to impose civil liability or penalties on an arranger of credit when disclosure constituting a violation of the Federal Truth in Lending Act is actually committed by another person and the arranger of credit has no knowledge of the violation when it occurred. The creditor shall provide a copy of the final closing documents to the arranger of credit. (7) The liability of the creditor under this section is in lieu of and not in addition to his liability under the Federal Truth in Lending Act; no action with respect to the same violation may be maintained pursuant to both this section and the Federal Truth in Lending Act. (8) The right of a person to sue for a violation of Section 37-2-309 or 37-3-308 is maintainable only as an individual action.
S.C. Code Ann. § 37-30-140 — SC Code / Title 37 / Chapter 30 / Section 37-30-140
SECTION 37-30-140. GAP waiver disclosures.
Status: in_force

(A) A GAP waiver must include the following terms in clear, easily understandable language: (1) the name and address of the initial creditor and the borrower at the time of sale and the identity of any manager if different from the creditor; (2) the purchase price and the terms of the GAP waiver including, without limitation, the requirements for protection, conditions, or exclusions associated with the GAP waiver; (3) the length of the free-look period and the procedure by which a borrower may exercise the borrower's rights during that period; (4) the terms required by Section 37-30-150; (5) the procedure the borrower must follow, if any, to obtain GAP waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits; (6) the methodology for calculating any refund of the unearned purchase price of the GAP waiver due in the event of cancellation of the GAP waiver or early termination of the finance agreement; (7) a statement that the purchase of the GAP waiver is optional and the statement must be in all caps, underlined, or disclosed in another prominent manner and must be substantially similar to the following: "THIS GAP WAIVER IS NOT REQUIRED TO OBTAIN CREDIT, NOR TO OBTAIN CERTAIN TERMS OF CREDIT OR TO PURCHASE THE RELATED MOTOR VEHICLE. THIS GAP WAIVER WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST"; and (8) a statement that the GAP waiver is not insurance and does not take the place of collision, comprehensive, or any other form of insurance on the motor vehicle. (B) A GAP waiver that is included within the body of the finance agreement must provide the disclosures required by this section in a separate document that must be signed by the borrower before the purchase of a GAP waiver. A GAP waiver that is a separate addendum to the finance agreement may include these disclosures within the terms of the GAP waiver which also must be signed by the borrower. Editor's Note 2015 Act No. 31, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
S.C. Code Ann. § 37-4-103 — SC Code / Title 37 / Chapter 4 / Section 37-4-103
SECTION 37-4-103. "Consumer credit insurance" defined.
Status: in_force

In this title "consumer credit insurance" means insurance, other than insurance on property, by which the satisfaction of debt in whole or in part is a benefit provided, but does not include: (a) insurance provided in relation to a credit transaction in which a payment is scheduled more than ten years after the extension of credit or insurance on which a payment is scheduled more than fifteen years after the extension of credit if the debt is secured by real estate; (b) insurance issued as an isolated transaction on the part of the insurer not related to an agreement or plan for insuring debtors of the creditor; or (c) insurance indemnifying the creditor against loss due to the debtor's default.
S.C. Code Ann. § 37-3-505 — SC Code / Title 37 / Chapter 3 / Section 37-3-505
SECTION 37-3-505. Records; annual reports.
Status: in_force

(1) Every licensee shall maintain records in conformity with generally accepted accounting principles and practices in a manner that will enable the State Board of Financial Institutions to determine whether the licensee is complying with the provisions of this title. The recordkeeping system of a licensee shall be sufficient if he makes the required information reasonably available. The records need not be kept in the place of business where supervised loans are made, if the board is given free access to the records wherever located. The records pertaining to any loan, including the certified maximum rate chart in effect at the time the loan was made, need not be preserved for more than two years after making the final entry relating to the loan, but in the case of a revolving loan account the two years is measured from the date of each entry. (2) On or before April fifteenth each year every licensee shall file with the board a composite annual report in the form prescribed by the board relating to all supervised loans made by him. The board shall consult with comparable officials in other states for the purpose of making the kinds of information required in annual reports uniform among the states. (3) The report shall include, but is not limited to, the following: (a) the total number of loans and aggregate dollar amounts made by the lender which renewed existing accounts; (b) the total number of new loans and aggregate dollar amounts made to former borrowers; (c) the total number of loans and aggregate dollar amounts made to new borrowers; (d) the total number of loans and aggregate dollar amounts which received a final entry, as provided in item (a), other than by renewal; (e) the total number of renewals in which the borrower received a cash advance which was less than ten percent of the net outstanding loan balance at the time of renewal; (f) the total number of loans and aggregate dollar amounts outstanding at the beginning of the reporting period; (g) the total number of loans and aggregate dollar amounts outstanding at the end of the reporting period; (h) the highest annual percentage rate charged by the lender on loans of various sizes; and (i) the most frequent annual percentage rate charged by the lender on loans of various sizes. (4) Information contained in annual reports shall be confidential and may be published only in composite form.
S.C. Code Ann. § 37-20-180 — SC Code / Title 37 / Chapter 20 / Section 37-20-180
SECTION 37-20-180. Restrictions on publication and use of social security numbers; exceptions.
Status: in_force

(A) Except as provided in subsection (B), a person may not: (1) publicly post or publicly display or otherwise intentionally communicate or make available to the general public a consumer's social security number or a portion of it containing six digits or more; (2) intentionally print or imbed a consumer's social security number or any portion of it containing six digits or more on any card required for the consumer to access products or services provided by the person; (3) require a consumer to transmit his social security number or a portion of it containing six digits or more over the Internet, unless the connection is secure or the social security number is encrypted; (4) require a consumer to use his social security number or a portion of it containing six digits or more to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet web site; (5) print a consumer's social security number or a portion of it containing six digits or more on materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed; (6) sell, lease, loan, trade, rent, or otherwise intentionally disclose a consumer's social security number or a portion of it containing six digits or more to a third party without written consent to the disclosure from the consumer, unless the third party seeking disclosure of the social security number does so for a legitimate business or government purpose or unless authorized or specifically permitted by law to do so or unless the disclosure is otherwise imperative for the performance of the person's duties and responsibilities as prescribed by law. A legitimate business purpose of the third party includes, but is not limited to, locating an individual to provide a benefit to that individual, such as a pension, insurance, or unclaimed property benefit, or to find an individual who is missing or a lost relative, or to serve civil process. A legitimate purpose of the third party does not include the bulk purchase or rental of social security numbers or use in marketing. (B) This section does not apply: (1) if a social security number is included in an application or in documents related to an enrollment process, or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of the social security number for the purpose of obtaining a credit report pursuant to the federal Fair Credit Reporting Act. A social security number that is permitted to be mailed pursuant to this section may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope or may not be visible on or through the envelope; (2) to the collection, use, or release of a social security number for internal verification or administrative purposes; (3) to the opening of an account or the provision of or payment for a product or service authorized by a consumer; (4) to the collection, use, or release of a social security number to investigate or prevent fraud, conduct background checks, conduct social or scientific research, collect a debt, including a debt collected pursuant to the Setoff Debt Collection Act, Section 12-56-10, and the Governmental Enterprise Accounts Receivable Collections program, Section 12-4-580, or obtain a credit report from or furnish data to a consumer reporting agency, pursuant to the federal Fair Credit Reporting Act or to undertake a purpose permissible pursuant to the Gramm-Leach-Bliley Act or Driver's Privacy Protection Act; (5) to a person acting pursuant to a court order, warrant, subpoena, or other legal process; (6) to a person providing the social security number to a federal, state, or local government entity, including a law enforcement agency or court, or their agents or assigns; (7) to a financial institution as defined in the Gramm-Leach-Bliley Act; (8) to the submission and use of a social security number or other personal identifying information as part of the maintenance and reporting of employment records, employment verification, or in the course of the administration or provision of employee benefits programs, claims, and procedures related to employment including, but not limited to, termination from employment, retirement from employment, injuries suffered during the course of employment, and other such claims, benefits, and procedures; (9) to a recorded document in the official records of a county; or (10) to a document filed in the official records of the court.
S.C. Code Ann. § 37-2-103 — SC Code / Title 37 / Chapter 2 / Section 37-2-103
SECTION 37-2-103. Index of definitions in chapter.
Status: in_force

The following definitions apply to this title and appear in this chapter as follows: "Amount financed" - Section 37-2-111 "Cash price" - Section 37-2-110 "Consumer credit sale" - Section 37-2-104 "Consumer lease" - Section 37-2-106 "Credit service charge" - Section 37-2-109 "Goods" - Section 37-2-105(1) "Home solicitation sale" - Section 37-2-501 "Merchandise certificate" - Section 37-2-105(2) "Precomputed" - Section 37-2-105(7) "Revolving charge account" - Section 37-2-108 "Sale of goods" - Section 37-2-105(4) "Sale of an interest in land" - Section 37-2-105(6) "Sale of services" - Section 37-2-105(5) "Seller" - Section 37-2-107 "Services" - Section 37-2-105(3)
S.C. Code Ann. § 37-3-301 — SC Code / Title 37 / Chapter 3 / Section 37-3-301
SECTION 37-3-301. Application of and compliance with Federal Truth in Lending Act.
Status: in_force

A person upon whom the Federal Truth in Lending Act imposes duties or obligations shall make or give to the consumer the disclosures, information and notices required of him by that act and in all respects comply with that act.
S.C. Code Ann. § 37-29-130 — SC Code / Title 37 / Chapter 29 / Section 37-29-130
SECTION 37-29-130. Acceptance of gifts; receipt and expenditure of public funds appropriated.
Status: in_force

PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and also may receive and expend public funds appropriated to it or authorized by the General Assembly. Receipt of funds allocated to PalmettoPride shall flow through the Department of Parks, Recreation and Tourism. Monies designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or used for a purpose other than PalmettoPride-Litter Control. Unexpended funds must be carried forward and used only for authorized purposes.
S.C. Code Ann. § 37-17-30 — SC Code / Title 37 / Chapter 17 / Section 37-17-30
SECTION 37-17-30. Discount medical plan organizations; organizational, marketing and advertising requirements.
Status: in_force

(A) It is unlawful for a discount medical plan organization to sell, market, promote, advertise, or distribute to a customer a discount medical plan or other purchasing mechanism or device that is not insurance which purports to offer discounts or access to discounts from health care providers unless: (1) the discount medical plan organization is organized pursuant to the laws of this State or authorized to transact business in this State; (2) the discount medical plan organization is registered with the department for this express purpose; (3) the plan or other purchasing mechanism or device expressly states in bold and prominent type, prominently placed, that the discounts are not insurance; (4) documentation is provided to the department that the health care service providers, pharmacies, or pharmacy chains listed in conjunction with the plan or other purchasing mechanism or device are contracted to offer the discount; and (5) the discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered, are not misleading, deceptive, or fraudulent. (B)(1) A discount medical plan organization or a marketer who sells, markets, promotes, advertises, or distributes a discount medical plan or other purchasing mechanism or device that is not insurance that purports to offer discounts or access to discounts from health care providers in this State shall designate a resident of this State as an agent for service of process and register the agent with the Secretary of State. (2) In the absence of proper registration pursuant to subsection (B)(1), the Secretary of State is designated as an agent upon whom process may be served. Service of process on the Secretary of State may be made by delivering to and leaving with the Secretary of State, or with a person designated by him to receive service, duplicate copies of the process, notice, or demand. The Secretary of State shall forward one of the copies by registered or certified mail, return receipt requested, to the discount medical plan organization required to register pursuant to subsection (B)(1) at the last physical address known to the party service process. Refusal to sign the return receipt does not affect the validity of the service. Service is effective pursuant to this subsection as of the date shown on the return receipt or five days after its deposit in the mail, whichever is earlier. The Secretary of State may charge a fee of ten dollars for the service. This subsection does not affect the right to serve process in a manner otherwise provided by law. (3) Discount medical plan organizations selling, distributing, advertising, marketing, or promoting discount medical plans to customers shall be registered with the department as provided by Section 37-17-40(C). A contact with South Carolina citizens, including personal contact, telemarketing, direct mail, or Internet/electronic mail solicitation, requires registration with the department, and business must not be conducted until the registration is made with the department. (4) Representatives of a discount medical plan organization must be authorized by the discount medical plan organization before they offer services pursuant to this chapter. (5) A discount medical plan organization shall make available the plan and its terms to prospective customers and provide to each of its customers the range of the benefits of the plan. Prior and subsequent to the sale of the plan, on an ongoing basis, the discount medical plan organization shall make available, upon request, through a toll-free telephone number, the Internet, and in writing, a complete listing of all participating facilities in this State. The discount medical plan organization shall maintain on an Internet website page an up-to-date list of the names and addresses of the providers with which it has contracted directly or through a provider network. The Internet website address must be prominently displayed on all of its advertisement, marketing material, brochures, and discount medical plan cards. (6) Advertised discounts are those that are actually available to customers. One-time or short-time promotions may be offered only if limiting terms are as prominent as the special offer. All advertisements must contain the name and address of the company offering the service and must conform to the name on file with the department. (C) This section does not require a provider who provides discounts to his or her own patients to obtain and maintain a license pursuant to this chapter as a discount medical plan organization.
S.C. Code Ann. § 37-5-301 — SC Code / Title 37 / Chapter 5 / Section 37-5-301
SECTION 37-5-301. Wilfull violations.
Status: in_force

(1) A lender who wilfully makes charges in excess of those permitted by applicable law is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding five thousand dollars, or to imprisonment not exceeding one year, or both. (2) A person, other than a supervised financial organization, who wilfully engages in the business of making loans without a license, where a license is required, is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding five thousand dollars, or imprisonment not exceeding one year, or both. (3) A person who wilfully engages in the business of making consumer credit sales, consumer leases, or consumer loans, or of taking assignments of rights against debtors arising therefrom and undertakes direct collection of payments or enforcement of these rights, without complying with the provisions of this title concerning notification (Section 37-6-202) or payment of fees (Section 37-6-203), is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding one hundred dollars.
S.C. Code Ann. § 37-2-505 — SC Code / Title 37 / Chapter 2 / Section 37-2-505
SECTION 37-2-505. Duty of buyer; no compensation for services before cancellation.
Status: in_force

(1) Except as provided by the provisions on retention of goods by the buyer (subsection (3) of Section 37-2-504), and allowing for ordinary wear and tear or consumption of the goods contemplated by the transaction, within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase revoked, the buyer upon demand shall tender to the seller any goods delivered by the seller pursuant to the sale, but he is not obligated to tender at any place other than his residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, a reasonable time is presumed to be forty days. (2) The buyer shall take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk. (3) If a home solicitation sale is cancelled, the seller is not entitled to compensation for any services he performed pursuant to it.
S.C. Code Ann. § 37-2-709 — SC Code / Title 37 / Chapter 2 / Section 37-2-709
SECTION 37-2-709. Assignment; claims or defenses.
Status: in_force

(1) With respect to a consumer rental-purchase agreement, an assignee of the rights of the lessor is subject to all claims and defenses of the consumer against the lessor arising from the lease of property or services, notwithstanding that the assignee is the holder in due course of a negotiable instrument issued in violation of the provisions prohibiting certain negotiable instruments (Section 37-2-708). (2) A claim or defense of a consumer specified in subsection (1) may be asserted against the assignee under this section only if the consumer has made a good faith attempt to obtain satisfaction from the lessor with respect to the claim or defense and then only to the extent of the amount owing the assignee with respect to the sale or lease of the property or services as to which the claim or defense arose at the time the assignee has written notice of the claim or defense. Written notice of the claim or defense may be given before the attempt specified in this subsection. For the purposes of this section, written notice is any written notification other than notice on a coupon, billing statement, or other payment medium or materials supplied by the assignee. (3) An agreement may not limit or waive the claims or defenses of a lessee under this section.
S.C. Code Ann. § 37-6-405 — SC Code / Title 37 / Chapter 6 / Section 37-6-405
SECTION 37-6-405. Filing and taking effect of rules.
Status: in_force

(1) The administrator shall file in the office of the Secretary of State a certified copy of each rule adopted by him. The Secretary of State shall keep a permanent register of the rules open to public inspection. (2) Each rule hereafter adopted is effective twenty days after filing, except that, if a later date is specified in the rule, the later date is the effective date.
S.C. Code Ann. § 37-2-711 — SC Code / Title 37 / Chapter 2 / Section 37-2-711
SECTION 37-2-711. Lessee's rights and obligations upon assignment.
Status: in_force

The lessee is authorized to pay the original lessor until the lessee receives written notification of assignment of the rights to payment pursuant to a consumer rental-purchase agreement and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the lessee, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the lessee may pay the lessor.
S.C. Code Ann. § 37-3-404 — SC Code / Title 37 / Chapter 3 / Section 37-3-404
SECTION 37-3-404. Attorney's fees.
Status: in_force

(1) Except as provided by the provisions on limitations on attorney's fees as to certain supervised loans (Section 37-3-514), with respect to a consumer loan the agreement may provide for the payment by the debtor of reasonable attorney's fees not in excess of fifteen percent of the unpaid debt after default and referral to an attorney not a salaried employee of the lender. A provision in violation of this section is unenforceable. (2) With respect to a consumer loan that is secured in whole or in part by a lien on real estate the provisions of Section 37-10-102(a) apply whenever the lender requires the debtor to purchase insurance or pay any attorney's fees in connection with examining the title and closing the transaction.
S.C. Code Ann. § 37-1-105 — SC Code / Title 37 / Chapter 1 / Section 37-1-105
SECTION 37-1-105. Severability.
Status: in_force

If any provision of this title or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
S.C. Code Ann. § 37-3-504 — SC Code / Title 37 / Chapter 3 / Section 37-3-504
SECTION 37-3-504. Revocation or suspension of license.
Status: in_force

(1) The State Board of Financial Institutions may issue to a person licensed to make supervised loans an order to show cause why his license should not be revoked or suspended for a period not in excess of 6 months. The order shall state the place for a hearing and set a time for the hearing that is no less than 10 days from the date of the order. After the hearing the Board shall revoke or suspend the license if it finds that: (a) the licensee has repeatedly and wilfully violated this title or any rule or order lawfully made pursuant to this title; or (b) facts or conditions exist which would clearly have justified the Board in refusing to grant a license had these facts or conditions been known to exist at the time the application for the license was made. (2) No revocation or suspension of a license is lawful unless prior to institution of proceedings by the State Board of Financial Institutions notice is given to the licensee of the facts or conduct which warrant the intended action, and the licensee is given an opportunity to show compliance with all lawful requirements for retention of the license. (3) If the State Board of Financial Institutions finds that probable cause for revocation of a license exists and that enforcement of this title requires immediate suspension of the license pending investigation, it may, after a hearing upon 5 days' written notice, enter an order suspending the license for not more than 30 days. (4) Whenever the State Board of Financial Institutions revokes or suspends a license, it shall enter an order to that effect and forthwith notify the licensee of the revocation or suspension. Within five days after the entry of the order it shall deliver to the licensee a copy of the order and the findings supporting the order. (5) Any person holding a license to make supervised loans may relinquish the license by notifying the State Board of Financial Institutions in writing of its relinquishment, but this relinquishment shall not affect his liability for acts previously committed. (6) No revocation, suspension, or relinquishment of a license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any debtor. (7) The State Board of Financial Institutions may reinstate a license, terminate a suspension, or grant a new license to a person whose license has been revoked or suspended if no fact or condition then exists which clearly would have justified the Board refusing to grant a license.
S.C. Code Ann. § 37-30-160 — SC Code / Title 37 / Chapter 30 / Section 37-30-160
SECTION 37-30-160. Enforcement of chapter.
Status: in_force

Pursuant to Chapter 6, Title 37, the Administrator of the Department of Consumer Affairs may take action necessary to enforce the provisions of this chapter and to protect GAP waiver holders in this State. Editor's Note 2015 Act No. 31, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
S.C. Code Ann. § 37-15-10 — SC Code / Title 37 / Chapter 15 / Section 37-15-10
SECTION 37-15-10. Short title.
Status: in_force

This chapter may be cited as the Prizes and Gifts Act.
S.C. Code Ann. § 37-5-303 — SC Code / Title 37 / Chapter 5 / Section 37-5-303
SECTION 37-5-303. Fraudulent use of cards.
Status: in_force

(1) For the purposes of this section: (a) "credit card" means a seller credit card or a lender credit card or similar arrangement as defined in this title; and (b) "debit card" means a card or device issued by a supervised financial organization pursuant to an arrangement whereby the card or device enables the customer to obtain cash, goods, services or anything else of value. (2) Any person who knowingly uses or attempts or conspires to use any counterfeit, altered, forged, lost, stolen or fraudulently obtained credit or debit card to obtain money, goods, services or anything else of value is guilty of a misdemeanor and shall be fined not more than five thousand dollars or imprisoned not more than one year, or both.
S.C. Code Ann. § 37-17-70 — SC Code / Title 37 / Chapter 17 / Section 37-17-70
SECTION 37-17-70. Administrative appeals.
Status: in_force

An appeal concerning disciplinary action, a denial of an application for a new or renewal registration, a revocation or suspension of a registration, or a determination that a representative is unqualified must be made pursuant to the Administrative Procedures Act and the rules governing practice before the Administrative Law Court. A contested hearing pursuant to this chapter is before the Administrative Law Court, with notice to, and an opportunity for a hearing by, the affected discount medical plan organization, marketer, or representative.
S.C. Code Ann. § 37-6-510 — SC Code / Title 37 / Chapter 6 / Section 37-6-510
SECTION 37-6-510. Personnel.
Status: in_force

The administrator shall prepare in writing a manual of necessary employee positions for the Department, including job classifications, personnel qualifications, duties, maximum and minimum salary schedules, and other personnel information for approval by the Commission before appointing any personnel. The deputy administrator and other employees of the Department shall serve at the pleasure of the administrator.
S.C. Code Ann. § 37-2-107 — SC Code / Title 37 / Chapter 2 / Section 37-2-107
SECTION 37-2-107. "Seller" defined.
Status: in_force

Except as otherwise provided, "seller" includes an assignee of the seller's right to payment but use of the term does not in itself impose on an assignee any obligation of the seller with respect to events occurring before the assignment.
S.C. Code Ann. § 37-21-10 — SC Code / Title 37 / Chapter 21 / Section 37-21-10
SECTION 37-21-10. Short title.
Status: in_force

This chapter may be known and cited as the "South Carolina Telephone Privacy Protection Act".
S.C. Code Ann. § 37-6-109 — SC Code / Title 37 / Chapter 6 / Section 37-6-109
SECTION 37-6-109. Assurance of discontinuance.
Status: in_force

If it is claimed that a person has engaged in conduct subject to an order by the administrator (Section 37-6-108) or by a court (Sections 37-6-110 through 37-6-112), the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance is evidence that prior to the assurance he engaged in the conduct described in the assurance.
S.C. Code Ann. § 37-6-203 — SC Code / Title 37 / Chapter 6 / Section 37-6-203
SECTION 37-6-203. Fees.
Status: in_force

A person required to file notification shall pay on or before January thirty-first of each year to the administrator an annual fee of one hundred twenty dollars for that year, for each address in this State listed in the notification. The fee for any one person must be not less than one hundred twenty dollars. A person who does not extend credit pursuant to written contracts and a person whose annual gross volume of business does not exceed one hundred fifty thousand dollars is exempt from any fee and from the notification requirements of Section 37-6-202. A person engaged in making consumer credit sales or consumer leases who is also engaged in making consumer rental-purchase agreements is only required to pay one one hundred twenty dollar fee for each location. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administration and enforcement of this chapter.
S.C. Code Ann. § 37-11-100 — SC Code / Title 37 / Chapter 11 / Section 37-11-100
SECTION 37-11-100. Disciplinary actions; sanctions; assessment of costs.
Status: in_force

(A) For the purposes of this section, "conviction" includes a plea of guilty or nolo contendere or a finding of guilt. (B) The department may take disciplinary action against a licensee or an operator for violation of a provision of this chapter or a regulation promulgated pursuant to this chapter. (C) Upon finding that a licensee, operator, or person who manages the community on a day-to-day basis has violated one or more provisions of this section, the department may: (1) deny an application for a license; (2) revoke, restrict, suspend, or refuse to renew a license; (3) impose an administrative penalty in an amount not less than one thousand dollars for each violation, but not more than ten thousand dollars; (4) issue a reprimand; (5) issue a cease and desist order; or (6) place the licensee, operator, or person who manages the community on a day-to-day basis on probation for a period and subject to conditions and restrictions that the department specifies. (D) A disciplinary action, denial of an application for a new or renewal license, license revocation, or license suspension must occur subject to the Administrative Procedures Act, with notice to, and an opportunity for a hearing by, the affected applicant, licensee, or operator. A contested hearing pursuant to this section must be held before the Administrative Law Court. (E) A licensee, operator, or person who manages the community on a day-to-day basis who is found to be engaged in unlawful conduct may be assessed the reasonable costs necessary to the investigation, disciplinary proceeding, court proceeding, or other action to enforce the provisions of this chapter. Editor's Note 2005 Act No. 128, SECTION 27, provides as follows: "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."
S.C. Code Ann. § 37-7-114 — SC Code / Title 37 / Chapter 7 / Section 37-7-114
SECTION 37-7-114. Records; maintenance and preservation.
Status: in_force

(A) Each credit counseling organization shall maintain and preserve in its licensed offices complete and accurate books, accounts, and records as the department may reasonably require to determine if the credit counseling organization is complying with the provisions of this chapter and rules and regulations adopted in furtherance of the provisions of this chapter. The books, accounts, and records must be maintained apart and separate from another business in which the organization is involved and must be retained for at least three years after the DMP is terminated. (B) The records must contain all consumer information including, but not limited to, the debt management plan and extensions to it, payments, disbursements, charges, and correspondence. (C) If the credit counseling organization's records are located outside the State, it shall provide the records to the department within three business days or, at the department's discretion, pay reasonable and necessary expenses for the department to examine them at the place where they are maintained.
S.C. Code Ann. § 37-2-707 — SC Code / Title 37 / Chapter 2 / Section 37-2-707
SECTION 37-2-707. Charge for default of lessee.
Status: in_force

Except as specifically provided for in this part, a consumer rental-purchase agreement may not provide for any charges as a result of the default of the lessee. A provision in violation of this section is unenforceable.
S.C. Code Ann. § 37-1-103 — SC Code / Title 37 / Chapter 1 / Section 37-1-103
SECTION 37-1-103. Supplementary general principles of law applicable.
Status: in_force

Unless displaced by the particular provisions of this title, the Uniform Commercial Code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.
S.C. Code Ann. § 37-4-101 — SC Code / Title 37 / Chapter 4 / Section 37-4-101
SECTION 37-4-101. Short title.
Status: in_force

This chapter shall be known and may be cited as South Carolina Consumer Protection Code - Insurance.
S.C. Code Ann. § 37-2-409 — SC Code / Title 37 / Chapter 2 / Section 37-2-409
SECTION 37-2-409. Debt secured by cross-collateral.
Status: in_force

(1) If debts arising from two or more consumer credit sales, other than sales pursuant to a revolving charge account, are secured by cross-collateral (Section 37-2-408) or consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied pro rata to the payment of the debts arising from the sales. Proration shall be computed on the original debts secured by the various security interests. To the extent debts are paid according to this section, security interests in items of property terminate as the debts originally incurred with respect to each item are paid. (2) Payments received by the seller upon a revolving charge account are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of credit service charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made. (3) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt.
S.C. Code Ann. § 37-11-125 — SC Code / Title 37 / Chapter 11 / Section 37-11-125
SECTION 37-11-125. Enforcement actions.
Status: in_force

The department or the Attorney General may file an action in the Administrative Law Court or circuit court to enforce the provisions of this chapter.
S.C. Code Ann. § 37-5-117 — SC Code / Title 37 / Chapter 5 / Section 37-5-117
SECTION 37-5-117. Lien, or submission of debt to credit bureau or reporting agency, by health care services provider; notice required; penalties.
Status: in_force

A provider of health care services must give twenty days prior notice before submitting a debt to a credit bureau or credit reporting agency or filing a lien against real or personal property, and the debtor must be notified by mail of the creditor's intention. Failure to comply with this requirement is punishable by a fine of not less than one hundred dollars for each occurrence. Part 2 Debtors' Remedies
S.C. Code Ann. § 37-16-10 — SC Code / Title 37 / Chapter 16 / Section 37-16-10
SECTION 37-16-10. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the Department of Consumer Affairs. (2) "Prepaid legal company" means a person or entity offering prepaid legal services to the general public or a segment of the general public. (3) "Prepaid legal services" means legal services or reimbursement for legal services provided by an individual licensed or admitted to practice law in the jurisdiction in which the services are to be rendered, and which are provided in return for a predetermined, specified, periodic fee.
S.C. Code Ann. § 37-2-203 — SC Code / Title 37 / Chapter 2 / Section 37-2-203
SECTION 37-2-203. Delinquency charges.
Status: in_force

(1) With respect to a consumer credit sale including an open-end consumer credit sale pursuant to a seller credit card, and any refinancings or consolidations of all such credit sales, the parties may contract for a delinquency charge on any installment not paid in full within ten days after its due date, as originally scheduled or as deferred, in an amount not exceeding five dollars, which is not more than five percent of the unpaid amount of the installment. (2) Notwithstanding subsection (1) the seller may contract for and receive a minimum delinquency charge not to exceed forty percent of five dollars as adjusted pursuant to Section 37-1-109. The seller may contract for such a minimum charge even though the charge exceeds five percent of the unpaid amount of the installment. (3) A statement in the agreement between the creditor and the debtor to the effect that the creditor may charge the maximum delinquency charge (or late charge) authorized by law entitles the creditor to impose a delinquency charge in the dollar amount specified in subsections (1) and (2) as adjusted pursuant to Section 37-1-109 at the time the delinquency charge is imposed, subject to the five percent of the unpaid amount of the installment limitation, if applicable. (4) A delinquency charge under this section may be collected only once on an installment however long it remains in default. No delinquency charge may be collected with respect to a deferred installment unless the installment is not paid in full within ten days after its deferred due date. A delinquency charge may be collected at the time it accrues or at any time thereafter. (5) A delinquency charge pursuant to this section must not be collected on a payment that is otherwise a full installment payment for the applicable period and is paid on its due date or within ten days after its due date if the only delinquency is attributable to a late fee or a delinquency charge assessed on an earlier installment. It is the intent of the legislature that, in construing this subsection the courts be guided by interpretations to 16 C.F.R. 444.4 and 12 C.F.R. 227.15, as amended from time to time, relating to late charges, given by the Federal Trade Commission, Federal Reserve Board, and the Federal Courts.
S.C. Code Ann. § 37-15-20 — SC Code / Title 37 / Chapter 15 / Section 37-15-20
SECTION 37-15-20. Definitions.
Status: in_force

As used in this chapter: (1) "Anything of value", "item of value", or "item" means an item or service with monetary value. (2) "Handling charge" means a charge, fee, or sum of money that is paid by a consumer to receive a prize, gift, or an item of value including, but not limited to, promotional fees, redemption fees, registration fees, or delivery costs. (3) "Person" means an individual, corporation, trust, partnership, association, and any other legal entity.
S.C. Code Ann. § 37-3-409 — SC Code / Title 37 / Chapter 3 / Section 37-3-409
SECTION 37-3-409. Use of multiple agreements.
Status: in_force

A lender may not use multiple agreements with intent to avoid disclosure of an annual percentage rate pursuant to the provisions on disclosure and advertising (Part 3). The excess amount of loan finance charge provided for in agreements in violation of this section is an excess charge for the purposes of the provisions on the effect of violations on rights of parties (Section 37-5-202) and the provisions on civil actions by administrator (Section 37-6-113).
S.C. Code Ann. § 37-11-120 — SC Code / Title 37 / Chapter 11 / Section 37-11-120
SECTION 37-11-120. Injunctions; criminal penalties.
Status: in_force

The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a facility without obtaining a license as provided in this chapter. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, established, conducted, managed, or operated the facility or program without a license without asserting further or more particular facts concerning the charge. A person violating the provisions of this chapter or regulations promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than one year for each offense. Each day the facility or program operates without a license is considered a separate offense.
S.C. Code Ann. § 37-5-112 — SC Code / Title 37 / Chapter 5 / Section 37-5-112
SECTION 37-5-112. Creditor's right to take possession after default.
Status: in_force

Upon default by a consumer with respect to a consumer credit transaction, unless the consumer voluntarily surrenders possession of the collateral or rented property to the creditor, the creditor may take possession of the collateral or rented property without judicial process only if possession can be taken without entry into a dwelling used as a current residence and without the use of force or other breach of the peace.