S.C. Code Ann. § 37-5-110 — SC Code / Title 37 / Chapter 5 / Section 37-5-110
SECTION 37-5-110. Notice of consumer's right to cure.
Status: in_force

(1) With respect to a secured or unsecured consumer credit transaction payable in two or more installments, after a consumer has been in default for ten days for failure to make a required payment and has not voluntarily surrendered possession of goods that are collateral, a creditor may give the consumer the notice described in this section. A creditor gives notice to the consumer under this section when he delivers the notice to the consumer or mails the notice to him at his residence [Section 37-1-201(6)]. (2) The notice shall be in writing and conspicuously state: the name, address and telephone number of the creditor to whom payment is to be made, a brief identification of the credit transaction, the consumer's right to cure the default, and the amount of payment and date by which payment must be made to cure the default. A notice in substantially the following form complies with this subsection: You are late in making your payment(s). If you pay the AMOUNT NOW DUE (above) by the LAST DAY FOR PAYMENT (above), you may continue with the contract as though you were not late. If you do not pay by that date, we may exercise our rights under the law. These rights include the right to repossess any property held as collateral for this transaction and the right, in many instances, to hold you personally responsible for any difference between the amount the property brings in a sale and the balance due us on the credit transaction in question. If you are late again in making your payments, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone the creditor promptly." (3) Notwithstanding subsections (1) and (2), in consumer rental-purchase agreements, after a consumer has been in default for three business days and has not voluntarily surrendered possession of the rented property, a lessor may give the consumer the notice provided in subsection (4). A lessor gives the notice to the consumer under this section when he delivers notice to the consumer or mails the notice to him at his address. (4) The notice must be in writing and conspicuously state: the name, address, and telephone number of the lessor to whom payment is to be made, a brief identification of the transaction, the consumer's right to cure the default, and the amount of payment and date by which payment must be made to cure the default. A notice in substantially the following form complies with this subsection: (__________) is LAST DAY FOR PAYMENT, (__________) is the AMOUNT NOW DUE. You have failed to renew your rental agreement(s). If you pay the AMOUNT NOW DUE (above) by the LAST DAY FOR PAYMENT (above), you may continue with the contract as though you had renewed on time. If you do not pay by that date, we may exercise our rights under the law. You may be required to pay reasonable costs authorized by law. If you are late again in either returning the merchandise or renewing your agreement, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone the lessor promptly."
S.C. Code Ann. § 37-13-80 — SC Code / Title 37 / Chapter 13 / Section 37-13-80
SECTION 37-13-80. Promulgation of regulations as to licensing requirements; licensing fee.
Status: in_force

If the Department of Consumer Affairs promulgates regulations on licensing requirements under this chapter, it may require payment of a licensing fee from each applicant for each location not to exceed two hundred fifty dollars a year.
S.C. Code Ann. § 37-3-304 — SC Code / Title 37 / Chapter 3 / Section 37-3-304
SECTION 37-3-304. Advertising.
Status: in_force

(1) A lender may not advertise, print, display, publish, distribute, broadcast, or cause to be advertised, printed, displayed, published, distributed, or broadcast in any manner any statement or representation with regard to the rates, terms, or conditions of credit with respect to a consumer loan that is false, misleading, or deceptive. (2) Advertising that complies with the Federal Truth in Lending Act does not violate this section. (3) This section does not apply to the owner or personnel, as such, of any medium in which an advertisement appears or through which it is disseminated.
S.C. Code Ann. § 37-20-110 — SC Code / Title 37 / Chapter 20 / Section 37-20-110
SECTION 37-20-110. Definitions.
Status: in_force

For purposes of this chapter: (1) "Consumer" means an individual residing in the State of South Carolina who undertakes a transaction for personal, family, or household purposes. (2) "Consumer credit-reporting agency" or "consumer reporting agency" means a person that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information about consumers for the purpose of furnishing consumer reports to third parties. (3) "Consumer report" or "credit report" means any written, oral, electronic, or other communication of information by a consumer credit-reporting agency regarding a consumer's creditworthiness, credit standing, credit capacity, character, debts, general reputation, personal characteristics, or mode of living that is used or expected to be used or collected in whole or in part for the purpose of establishing a consumer's eligibility for any of the following: (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment purposes, meaning the use of a consumer report for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee; or (c) any other purpose authorized pursuant to 15 U.S.C. Section 168lb. "Consumer report" or "credit report" does not include a report containing information as to a transaction between the consumer and the person making the report; an authorization or approval by the issuer of a credit card or similar device, directly or indirectly, of a specific extension of credit; a communication of information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among those persons and the consumer has the opportunity, to direct that the information not be communicated among them, or a report in which a person conveys an adverse decision in response to a request from a third party to make a specific extension of credit, directly or indirectly, to the consumer, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the required disclosures to the consumer pursuant to the provisions of the federal "Fair Credit Reporting Act". (4) "Credit card" has the same meaning as in Section 103 of the Truth in Lending Act, 15 U.S.C. Section 160 and includes a lender credit card, as defined in Section 37-1-301(16) and a seller credit card, as defined in Section 37-1-301(26). (5) "Creditworthiness" means an entry in a consumer's credit file that affects the ability of a consumer to obtain and retain credit, employment, business or professional licenses, investment opportunities, or insurance. Entries affecting creditworthiness include, but are not limited to, payment information, defaults, judgments, liens, bankruptcies, collections, records of arrest and indictments, and multiple credit inquiries. (6) "Debit card" means a card or device issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account holding assets of the consumer at that financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. (7) "Disposal" means the: (a) discarding or abandonment of records containing personal identifying information; or (b) sale, donation, discarding, or transfer of any medium, including computer equipment or computer media, containing records of personal identifying information, other nonpaper media upon which records of personal identifying information are stored, or other equipment for nonpaper storage of information. (8) "File" means all information on a consumer that is recorded and retained by a consumer credit-reporting agency, regardless of how the information is stored. (9) "Financial identity fraud" and "identity fraud" are as defined in Section 16-13-510 and include the term "identity theft". (10) "Person" means a natural person, an individual, or an organization as defined in Section 37-1-301(20). (11)(a) For purposes of this chapter, "personal identifying information" means personal identifying information as defined in Section 16-13-510(D). (b) "Personal identifying information" does not mean information about vehicular accidents, driving violations, and driver's status. (12) "Proper identification" means information generally considered sufficient to identify a person. If a person is reasonably unable to identify himself or herself with the information described in item (11), a consumer reporting agency may require additional information concerning the consumer's employment and personal or family history in order to verify the consumer's identity. (13) "Publicly post" or "publicly display" means to exhibit in a place of public view. (14) "Records" means material on which written, drawn, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics. (15) "Security breach" means an incident of unauthorized access to and acquisition of records or data that was not rendered unusable through encryption, redaction, or other methods containing personal identifying information that compromises the security, confidentiality, or integrity of personal identifying information maintained by a person when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the person for a legitimate purpose is not a security breach, if the personal identifying information is not used for a purpose other than a lawful purpose of the person and is not subject to further unauthorized disclosure. (16) "Security freeze" means a notice placed in a consumer credit report, at the request of the consumer and subject to certain exceptions, that prohibits the consumer credit-reporting agency from releasing a credit report containing all or any part of the consumer's credit report or any information derived from it without the express authorization of the consumer.
S.C. Code Ann. § 37-6-504 — SC Code / Title 37 / Chapter 6 / Section 37-6-504
SECTION 37-6-504. Bonds of Commission members.
Status: in_force

Each member of the Commission other than ex officio shall, before entering upon the duties of his office, give bond to the State in the sum of twenty-five thousand dollars with a sufficient surety, to be approved by the State Treasurer, for the faithful performance of all duties required of him under the law during the term of his office. The premium of such bond shall be paid by the State.
S.C. Code Ann. § 37-5-108 — SC Code / Title 37 / Chapter 5 / Section 37-5-108
SECTION 37-5-108. Unconscionability; inducement by unconscionable conduct.
Status: in_force

(1) With respect to a transaction that is, gives rise to, or leads the debtor to believe will give rise to, a consumer credit transaction, if the court as a matter of law finds: (a) the agreement or transaction to have been unconscionable at the time it was made, or to have been induced by unconscionable conduct, the court may refuse to enforce the agreement; or (b) any term or part of the agreement or transaction to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable term or part, or so limit the application of any unconscionable term or part as to avoid any unconscionable result and award the consumer any actual damages he has sustained. (2) With respect to a consumer credit transaction, if the court as a matter of law finds that a person has engaged in, is engaging in, or is likely to engage in unconscionable conduct in collecting a debt arising from that transaction, the court may grant an injunction. In addition, the consumer has a cause of action to recover actual damages and, in an action other than a class action, a right to recover from the person violating this section a penalty in the amount determined by the court of not less than one hundred dollars nor more than one thousand dollars. For purposes of this subsection and subsection (3), the term "collecting a debt" in a consumer credit transaction includes the collection or the attempt to collect any rental charge or any other fee or charge or any item rented to a lessee in connection with a consumer rental-purchase agreement as described in Section 37-2-701(6). (3) If it is claimed or appears to the court that the agreement or transaction or any term or part thereof may be unconscionable, or that a person has engaged in, is engaging in, or is likely to engage in unconscionable conduct in collecting a debt, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the agreement or transaction or term or part thereof, or of the conduct, to aid the court in making the determination. (4)(a) In applying subsection (1), consideration must be given to applicable factors, such as, but without limitation: (i) in the case of a consumer credit sale, consumer lease, or consumer rental-purchase agreement, knowledge by the seller or lessor at the time of the sale or lease of the inability of the consumer to receive substantial benefits from the property or services sold or leased; (ii) in the case of a consumer credit sale, consumer lease, consumer rental-purchase agreement, or consumer loan, gross disparity between the price of the property or services sold, leased, or loaned and the value of the property, services, or loan measured by the price at which similar property, services, or loans are readily obtainable in consumer credit transactions by like consumers; (iii) the fact that the creditor contracted for or received separate charges for insurance with respect to a consumer credit sale, consumer loan, or consumer rental-purchase agreement with the effect of making the sale or loan unconscionable, considered as a whole, when including the sale of insurance from which the consumer receives no potential benefit as referenced in Section 37-4-106(1)(a); (iv) the fact that the seller, lessor, or lender knowingly has taken advantage of the inability of the consumer or debtor reasonably to protect his interests by reason of physical or mental infirmities, ignorance, illiteracy, inability to understand the language of the agreement, or similar factors; (v) taking a nonpurchase money, nonpossessory security interest in household goods defined as the following: clothing, furniture, appliances, one radio and one television, linens, china, crockery, kitchenware, and personal effects, including wedding rings of the consumer and his dependents; except that when a purchase money consumer credit transaction is refinanced or consolidated, the security lawfully collateralizing the previous consumer credit transaction continues to secure the new consumer credit transaction, even if the new consumer credit transaction is for a larger amount or is in other respects a nonpurchase money consumer credit transaction; and further, that a nonpurchase money, nonpossessory security interest may be taken in a work of art, electronic entertainment equipment, except one television and one radio, items acquired as antiques and which are over one hundred years of age, and jewelry, except wedding rings. In construing subitem (v), the courts must be guided by the interpretations and rulings of the federal courts and the Federal Trade Commission to the Credit Trade Regulation Rule (16 C.F.R. PART 444). (b) In applying subsection (1), consideration may be given to the extension of credit to a consumer if, considering the consumer's current and expected income, current obligations, and employment status, the creditor knows or should know that the consumer is unable to make the scheduled payment on the obligation when due. Rental renewals necessary to acquire ownership in a consumer rental-purchase agreement are not obligations contemplated in this item (b). (5) In applying subsection (2), consideration shall be given to each of the following factors, among others, as applicable: (a) using or threatening to use force, violence, or criminal prosecution against the consumer or members of his family, including harm to the physical person, reputation, or property of any person; (b) communicating with the consumer or a member of his family at frequent intervals during a twenty-four hour period or at unusual hours or under other circumstances so that it is a reasonable inference that the primary purpose of the communication was to harass the consumer. The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. A creditor or debt collector may not: (i) communicate with a consumer at any unusual time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, it may be assumed that a convenient time to communicate with a consumer is between 8 a.m. and 9 p.m.; or (ii) communicate with a consumer who is represented by an attorney when such fact is known to the creditor or debt collector unless the attorney consents to direct communication or fails to respond within ten days to a communication; (iii) contact a consumer at his place of employment after the consumer or his employer has requested in writing that no contacts be made at such place of employment or except as may be otherwise permitted by statute or to verify the consumer's employment; (iv) communicate with anyone other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the attorney of the creditor or debt collector, unless the consumer or a court of competent jurisdiction has given prior direct permission; (v) use obscene or profane language or language the natural consequence of which is to abuse the hearer or reader; (vi) publish a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency; (vii) cause a telephone to ring repeatedly during a twenty-four hour period or engage any person in a telephone conversation with intent to annoy, abuse, or harass any person at the called number; (viii) advertise for sale any debt to coerce payment of the debt; (ix) communicate with a consumer regarding a debt by postcard; (x) deposit or threaten to deposit any postdated check or other postdated payment instrument requested by the creditor prior to the date on such check or instrument; (xi) take or threaten to take any nonjudicial action to effect dispossession or disablement of property if: (aa) there is no present right to possession of the property claimed as collateral through an enforceable security interest or other ownership interest; (bb) there is no present intention to take possession of the property; or (cc) the property is exempt by law from such dispossession or disablement; or (xii) cause charges to be incurred by any person for communications to the consumer by concealment of the true purpose of the communication, such charges include, but are not limited to, collect telephone calls and telegram fees. (c) using fraudulent, deceptive, or misleading representations in connection with the collection of a consumer credit transaction. Such false representations shall include: (i) the character, amount, or legal status of any debt; (ii) any services rendered or fees which may be received, unless such fees are expressly authorized by law; (iii) a claim of an individual that he is an attorney or that any communication is from an attorney; (iv) any claim or implication that nonpayment of any debt will result in arrest, imprisonment, garnishment, seizure, or attachment unless the remedy is legally permitted to the creditor and the claim or implication is not used for the purpose of harassment or abuse of process; (v) a claim or implication that the consumer committed any crime or other conduct to disgrace the consumer; or (vi) any written communication which simulates or appears to be a document authorized, issued, or approved by any state or federal agency or court or creates a false impression as to its source; (d) causing or threatening to cause injury to the consumer's reputation or economic status by disclosing information affecting the consumer's reputation for creditworthiness with knowledge or reason to know that the information is false; communicating with the consumer's employer before obtaining a final judgment against the consumer, except as permitted by statute or to verify the consumer's employment; disclosing to a person, with knowledge or reason to know that the person does not have a legitimate business need for the information, or in any way prohibited by statute, information affecting the consumer's credit or other reputation; or disclosing information concerning the existence of a debt known to be disputed by the consumer without disclosing that fact; (e) engaging in conduct with knowledge that like conduct has been restrained or enjoined by a court in a civil action by the administrator against any person pursuant to the provisions on injunctions against fraudulent or unconscionable agreements or conduct (Section 37-6-111). (6) No action at law claiming unconscionable debt collection may be commenced in any court until at least thirty days after the facts and circumstances of any claim of unconscionable conduct in collecting a debt arising out of a consumer credit transaction has been filed in writing with the administrator of the Department of Consumer Affairs. The administrator shall immediately provide to the person or organization complained against with a copy of any complaint alleging unconscionable debt collection practices filed with the Department of Consumer Affairs. The administrator shall immediately provide to the Director of the Consumer Finance Division of the Board of Financial Institutions a copy of any written claim of unconscionable conduct in collecting a debt filed against a supervised lender under this title or a restricted lender under Title 34. A creditor or debt collector may only take such action as is authorized by law to protect its collateral during the thirty-day state agency review period. The administrator shall take immediate steps to investigate, evaluate, and attempt to resolve such complaints. The administrator and director shall jointly take immediate steps to investigate, evaluate, and attempt to resolve complaints involving supervised and restricted lenders. If in an action, properly filed after the thirty-day state agency review period with regard to conduct in collecting a debt arising out of a consumer credit transaction, in which unconscionability is claimed the court finds unconscionability pursuant to subsection (1) or (2), the court shall award reasonable fees to the attorney for the consumer or debtor. If the court does not find unconscionability and the consumer or debtor claiming unconscionability has brought or maintained an action he knew to be groundless, the court may award reasonable fees to the attorney for the party against whom the claim is made. In determining attorney's fees, the amount of the recovery on behalf of the consumer is not controlling. (7) The remedies of this section are in addition to remedies available for the same conduct under law other than this title. (8) For the purpose of this section, a charge or practice expressly permitted by this title is not in itself unconscionable. (9) Nothing in this title may be construed to prevent a finding of unconscionability where a creditor assesses an origination charge, prepaid finance charge, service, or other prepaid charge which substantially exceeds the usual and customary charge for the particular type of consumer credit transaction. In such a transaction the court shall consider the relative sophistication of the debtor and the creditor, the relative bargaining power of the debtor and creditor, and any oral or written representations made by the creditor regarding the credit service charge or the loan finance charge of the consumer credit transaction.
S.C. Code Ann. § 37-6-104 — SC Code / Title 37 / Chapter 6 / Section 37-6-104
SECTION 37-6-104. Powers of administrator; harmony with Federal regulations; reliance on rules; duty to report.
Status: repealed

(1) In addition to other powers granted by this title, the administrator within the limitations provided by law, may: (a) receive and act on complaints, take action designed to obtain voluntary compliance with this title, or commence proceedings on his own initiative; (b) counsel persons and groups on their rights and duties under this title; (c) establish programs for the education of consumers with respect to credit practices and problems; (d) make studies appropriate to effectuate the purposes and policies of this title and make the results available to the public; (e) adopt, amend, and repeal substantive rules when specifically authorized by this title, and adopt, amend, and repeal procedural rules to carry out the provisions of this title; (f) maintain offices within this State; and (g) appoint any necessary attorneys, hearing examiners, clerks, and other employees and agents and fix their compensation, and authorize attorneys appointed under this section to appear for and represent the administrator in court. (2) In addition to other powers granted by this title, the administrator shall enforce the Federal Truth in Lending Act to the fullest extent provided by law. (3) To keep the administrator's rules in harmony with the Federal Consumer Credit Protection Act and the regulations prescribed from time to time pursuant to that Act by the Board of Governors of the Federal Reserve System and with the rules of administrators in other jurisdictions which enact the Uniform Consumer Credit Code. The administrator, so far as is consistent with the purposes, policies and provisions of this title, shall: (a) Before adopting, amending, and repealing rules, advise and consult with administrators in other jurisdictions which enact the Uniform Consumer Credit Code; and (b) In adopting, amending, and repealing rules, take into consideration: (i) the regulations so prescribed by the Board of Governors of the Federal Reserve System; and (ii) the rules of administrators in other jurisdictions which enact the Uniform Consumer Credit Code. (4) Except for refund of an excess charge, no liability is imposed under this title for an act done or omitted in conformity with a rule of the administrator notwithstanding that after the act or omission the rule may be amended or repealed or be determined by judicial or other authority to be invalid for any reason. (5) The administrator shall report annually on or before January first to the Governor and legislature on the operation of his office, on the use of consumer credit in the State, and on the problems of persons of small means obtaining credit from persons regularly engaged in extending sales or loan credit. For the purpose of making the report, the administrator is authorized to conduct research and make appropriate studies, the report shall include a description of the examination and investigation procedures and policies of his office, a statement of policies followed in deciding whether to investigate or examine the offices of credit suppliers subject to this title, a statement of the number and percentages of offices which are periodically investigated or examined, a statement of the types of consumer credit problems of both creditors and debtors which have come to his attention through his examinations and investigations and the disposition of them under existing law, a statement of the extent to which the rules of the administrator pursuant to this title are not in harmony with the regulations prescribed by the Board of Governors of the Federal Reserve System pursuant to the Federal Consumer Credit Protection Act or the rules of administrators in other jurisdictions which enact the Uniform Consumer Credit Code and the reasons for such variations, and a general statement of the activities of his office and of others to promote the purposes of this title. The report shall not identify the creditors against whom action is taken by the administrator. (6) The administrator shall not bring class actions, initiate criminal actions or seek injunctive relief, as provided in this title, without prior approval of a majority of the Commission on Consumer Affairs, exclusive of members who are associated with any such business within the meaning of Section 8-13-20.
S.C. Code Ann. § 37-6-414 — SC Code / Title 37 / Chapter 6 / Section 37-6-414
SECTION 37-6-414. Contested case hearings before the Administrative Law Court.
Status: in_force

(A) A person who has exhausted all administrative remedies available before the administrator and who is aggrieved by the administrator's determination is entitled to a contested case hearing before the Administrative Law Court as provided in Section 1-23-600(D) and judicial review as provided in Sections 1-23-380(B) and 1-23-610. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate action or ruling of the Administrative Law Court is reviewable immediately if review of the final decision of the Administrative Law Court would not provide an adequate remedy. (B) Contested case proceedings are instituted by filing a request for a contested case hearing with the Administrative Law Court according to the rules of procedure of the Administrative Law Court. Copies of the request for a contested case hearing must be served upon the administrator and all parties of record. The final decision of the administrative law judge may be appealed as provided for in Sections 1-23-380 and 1-23-610. 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." Part 5 Department of Consumer Affairs
S.C. Code Ann. § 37-6-502 — SC Code / Title 37 / Chapter 6 / Section 37-6-502
SECTION 37-6-502. Members of Commission on Consumer Affairs; terms; vacancies.
Status: in_force

The Commission on Consumer Affairs shall be composed of nine members, one of whom shall be the Secretary of State as an ex officio member; four members shall be appointed by the Governor with advice and consent of the Senate and the remaining four members shall be elected by the General Assembly. Members of the Commission shall elect a Chairman. Terms of the members shall be four years unless otherwise stipulated in this section, and upon the expiration of the terms, the Governor shall appoint a member and the General Assembly shall elect one member respectively. With the exception of the ex officio member, any vacancy in the office of a member shall be filled by the Governor by appointment for the unexpired term. Members of the Commission shall be eligible for reappointment. No person associated with any businesses regulated by the Commission on Consumer Affairs shall be eligible to serve on the Commission as defined by Section 8-13-20 of the Code of Laws of South Carolina.
S.C. Code Ann. § 37-2-111 — SC Code / Title 37 / Chapter 2 / Section 37-2-111
SECTION 37-2-111. "Amount financed" defined.
Status: in_force

"Amount financed" means the total of the following items to the extent that payment is deferred: (1) the cash price of the goods, services or interest in land, less the amount of any down payment whether made in cash or in property traded in; (2) the amount actually paid or to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest in or a lien on property traded in; and (3) if not included in the cash price: (a) any applicable sales, use, excise, or documentary stamp taxes; (b) amounts actually paid or to be paid by the seller for registration, certificate of title, or license fees; and (c) additional charges permitted by this chapter (Section 37-2-202). Part 2 Maximum Charges
S.C. Code Ann. § 37-2-411 — SC Code / Title 37 / Chapter 2 / Section 37-2-411
SECTION 37-2-411. Referral sales and leases.
Status: in_force

With respect to a consumer credit sale or consumer lease, the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the consumer as an inducement for a sale or lease for the consumer giving to the seller or lessor the names of prospective buyers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount or other value is contingent upon the occurrence of an event after the time the consumer agrees to buy or lease. If a consumer is induced by a violation of this section to enter into a consumer credit sale or consumer lease, the agreement is unenforceable by the seller or lessor and the consumer, at his option, may rescind the agreement or retain the property delivered and the benefit of any services performed, without any obligation to pay for them. A sale or lease that would be a referral sale or lease if credit were extended by the seller or lessor is nonetheless so because the property 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 or lease (Section 37-3-410), and the consumer has the same rights against the card issuer or lender that he has against the seller or lessor under this section.
S.C. Code Ann. § 37-2-408 — SC Code / Title 37 / Chapter 2 / Section 37-2-408
SECTION 37-2-408. Cross-collateral.
Status: in_force

(1) In addition to contracting for a security interest pursuant to the provisions on security in sales or leases (Section 37-2-407), a seller in a consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if as a result of a prior sale the seller has an existing security interest in the other property. The seller may also contract for a security interest in the property sold in the subsequent sale as security for the previous debt. (2) If the seller contracts for a security interest in other property pursuant to this section, the rate of credit service charge thereafter on the aggregate unpaid balances so secured may not exceed that permitted if the balances so secured were consolidated pursuant to the provisions on consolidation involving a refinancing (subsection (1) of Section 37-2-206). The seller has a reasonable time after so contracting to make any adjustments required by this section. "Seller" in this section does not include an assignee not related to the original seller.
S.C. Code Ann. § 37-1-301 — SC Code / Title 37 / Chapter 1 / Section 37-1-301
SECTION 37-1-301. General definitions.
Status: in_force

In addition to definitions appearing in subsequent articles, in this title: (1) "Actuarial method" means the method, defined by rules adopted by the administrator, of allocating payments made on a debt between principal or amount financed and loan finance charge or credit service charge pursuant to which a payment is applied first to the accumulated loan finance charge or credit service charge and the balance is applied to the unpaid principal or unpaid amount financed. (2) "Administrator" means the administrator designated in the Article (Chapter 6) on Administration (Section 37-6-103). (3) "Agreement" means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance. (4) "Agricultural purpose" means a purpose related to the production, harvest, exhibition, marketing, transportation, processing, or manufacture of agricultural products by a natural person who cultivates, plants, propagates, or nurtures the agricultural products. "Agricultural products" includes agricultural, horticultural, vitacultural and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof including processed and manufactured products and any and all products raised or produced on farms and any processed or manufactured products thereof. (5) "Alternative mortgage loan" means a loan secured by a first or junior lien on real estate other than a loan that: (a) is a fully amortized loan repayable by the direct reduction method; and (b) has a fixed nonvariable loan finance charge. Alternative mortgage loans include, without limitation, renegotiable and variable rate mortgages, adjusted and graduated payment mortgages, shared appreciation mortgages, reverse annuity mortgages and any combination of the foregoing. (5A) "Assumption" means and occurs when a creditor expressly agrees in writing with a subsequent transferee of the collateral for the debt (1) to accept that transferee as a primary obligor on the note or other instrument evidencing the credit, irrespective of whether the creditor agrees to release the original debtor and irrespective of whether the creditor has the right in the contract evidencing the debt to renegotiate the terms of the indebtedness, or (2) that the transferee takes the collateral subject to the lien of the transferor but is not personally liable for repayment of the debt. (6) "Billing cycle" means the time interval between periodic billing statement dates. (7) "Card holder" means a person to whom a credit card is issued or who has agreed with the card issuer to pay obligations arising from the issuance to or use of the card by another person. (8) "Card issuer" means a person who issues a credit card. (9) "Conspicuous" means a term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. Whether a term or clause is conspicuous or not is for decision by the court. (10) "Consumer" means the buyer, lessee, or debtor to whom credit is extended in a consumer credit transaction. In addition, for purposes of Chapters 10, 11, 13, and 15 of this title, as well as Sections 37-5-108, 37-6-108, 37-6-117(i), and 37-6-118, the term also includes: (1) a natural person who is a purchaser or lessee or prospective purchaser or lessee in any transaction arising out of the production, promotion, sale, or lease of consumer goods or services; or (2) a natural person who is the object of a solicitation or offer relating to a contest, game, or prize offer subject to Chapter 15. (11) "Consumer credit transaction" means a consumer credit sale (Section 37-2-104) or consumer loan (Section 37-3-104) or a refinancing or consolidation thereof, a consumer lease (Section 37-2-106), or a consumer rental-purchase agreement (Section 37-2-701). (12) "Credit" means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. (13) "Creditor" means the person who grants credit in a credit transaction or, except as otherwise provided, an assignee of a creditor's right to payment, but use of the term does not in itself impose on an assignee any obligation of his assignor. In case of credit granted pursuant to a credit card, "creditor" means the card issuer and not another person honoring the credit card. For purposes of Chapters 1, 5, and 6 and Part 7 of Chapter 2, the term "creditor" also means a lessor in a consumer rental-purchase agreement (Section 37-2-701). (14) "Debtor" means any person who is an obligor in a credit transaction, including any cosigner, comaker, guarantor, endorsee or surety, and the assignee of any obligor, and also includes any person who agrees to assume the payment of a credit obligation. (15) "Earnings" means compensation paid or payable to an individual or for his account for personal services rendered or to be rendered by him, whether denominated as wages, salary, commission, bonus or otherwise, and includes periodic payments pursuant to a pension, retirement or disability program. (16) "Lender credit card or similar arrangement" means an open-end credit arrangement or loan agreement, other than a seller credit card, pursuant to which a lender gives a debtor the privilege of using a credit card, letter of credit, or other credit confirmation or identification in transactions out of which debt arises: (a) by the lender's honoring a draft or similar order for payment of money drawn or accepted by the debtor; (b) by the lender's payment or agreement to pay the debtor's obligations; or (c) by the lender's purchase from the obligee of the debtor's obligations. An open-end credit agreement under which a person can effect an immediate advance by check or other draft qualifies as a lender credit card or similar arrangement. (17)(a) "Official fees" means: (i) fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest related to a consumer credit sale, consumer lease, or consumer loan; or (ii) premiums payable for insurance in lieu of perfecting a security interest otherwise required by the creditor in connection with the sale, lease or loan, if the premium does not exceed the fees and charges described in this subitem which would otherwise be payable. (b) "Official fees" does not mean: (i) effective April 1, 2000, a premium payable for insurance in lieu of perfecting a security interest when the security interest is a purchase money security interest as defined in Section 36-9-107, for which, in accordance with Section 36-9-302(1)(d), perfection by the filing of a financing statement is not required; or (ii) a premium payable for insurance in lieu of perfecting a security interest when the collateral is such that it cannot be used as a security for a loan pursuant to the Federal Credit Practices Rule or Section 37-5-108 of the South Carolina Code of Laws, annotated. (18) "Organization" means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative or association. (19) "Payable in installments" means that payment is required or permitted by agreement to be made in - (a) two or more periodic payments, excluding a down payment, with respect to a debt arising from a consumer credit sale pursuant to which a credit service charge is made; (b) four or more periodic payments, excluding a down payment, with respect to a debt arising from a consumer credit sale pursuant to which no credit service charge is made, or (c) two or more periodic payments with respect to a debt arising from a consumer loan. If any periodic payment other than the down payment under an agreement requiring or permitting two or more periodic payments is more than twice the amount of any other periodic payment, excluding the down payment, the consumer credit sale, consumer lease or consumer loan is "payable in installments". (20) "Person" includes a natural person or an individual, and an organization. (21) "Person related to" with respect to an individual means: (a) the spouse of the individual; (b) a brother, brother-in-law, sister, sister-in-law of the individual; (c) an ancestor or lineal descendant of the individual or his spouse; (d) any other relative, by blood or marriage, of the individual or his spouse who shares the same home with the individual. "Person related to" with respect to an organization means: (a) a person directly or indirectly controlling, controlled by or under common control with the organization; (b) an officer or director of the organization or a person performing similar functions with respect to the organization or to a person related to the organization; (c) the spouse of a person related to the organization; (d) a relative by blood or marriage of a person related to the organization who shares the same home with him. (22) "Presumed" or "presumption" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. (23) "Residence" means any real property in which the debtor in a credit transaction secured by a first or junior lien on real property resides or expects to reside. It includes a parcel of unimproved land on which the debtor at the time the credit transaction granting the lien is consummated resides or expects to reside. (24) "Residential manufactured home" means a structure, transportable in one or more sections, which is at least eight body feet wide, thirty-two body feet long, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein, and which structure is or will be used as a residence. (25) "Residential real property" means real estate improved or to be improved by a structure or structures designed primarily for dwelling, as opposed to business or commercial use. (26) "Seller credit card" means an arrangement pursuant to which a person gives to a buyer or lessee the privilege of using a credit card, letter of credit or other credit confirmation or identification primarily for the purpose of purchasing or leasing goods or services from that person, a person related to that person, or others licensed or franchised to do business under his business or trade name or designation. (27) "Supervised financial organization" means a person, other than an insurance company or other organization primarily engaged in an insurance business: (a) organized, chartered or holding an authorization certificate under the laws of this State or of the United States which authorize the person to make loans and to receive deposits, including a savings, share, certificate or deposit account, or to advance or service insurance premiums; (b) subject to supervision by an official or agency of South Carolina or of the United States. (28) "Debt collector" means any person who collects, attempts to collect, directly or indirectly, debts due or asserted to be owed or due another. The term also includes a creditor who collects, attempts to collect, directly or indirectly, his own debts. (29) "Licensee" means a person licensed pursuant to this title. (30) "Cash advance" means the amount of cash or its equivalent that the borrower actually receives or is paid out at his direction or on his behalf. (31) "Automatic renewal provision" means a provision under which a service contract is renewed for a specified period of more than one month if the renewal causes the service contract to be in effect more than six months after the day of the initiation of the service contract. Such renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the service contract. This term does not include a contract renewal for services provided by a telecommunications carrier or its affiliate when either the carrier or the affiliate is regulated by the South Carolina Public Service Commission or the Federal Communications Commission. This term also does not include a contract renewal for services provided by any broadband entity covered by Act 175 of 2020, known as the Broadband Accessibility Act. (32) "Service contract" means a written contract for the performance of services over a fixed period of time or for a specified duration. This term does not include service contracts sold or offered for sale to persons other than a natural person or an individual for personal, family, or household purposes and does not include contracts for services provided by an entity incorporated under Chapter 49, Title 33. Effect of Amendment 2024 Act No. 159, SECTION 4, added (31) and (32), relating to the definitions of "automatic renewal provision" and "service contract".
S.C. Code Ann. § 37-2-503 — SC Code / Title 37 / Chapter 2 / Section 37-2-503
SECTION 37-2-503. Form of agreement or offer; statement of buyer's rights.
Status: in_force

(1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency (subsection (5) of Section 37-2-502), the seller shall present to the buyer and obtain his signature to a written agreement or offer to purchase that designates as the date of the transaction the date on which the buyer actually signs and contains a statement of the buyer's rights that complies with subsection (2). A copy of any writing required by this subsection to be signed by the buyer, completed at least as to the date of the transaction and the name and mailing address of the seller, shall be given to the buyer at the time he signs the writing. (2) The statement shall either: (a) comply with any notice of cancellation or similar requirement of any trade regulation rule of the Federal Trade Commission which by its terms applies to the home solicitation sale; or (b) appear under the conspicuous caption: "BUYER'S RIGHT TO CANCEL," and read as follows: "If you decide you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you sign this agreement. The notice must be mailed to: (3) Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel.
S.C. Code Ann. § 37-4-204 — SC Code / Title 37 / Chapter 4 / Section 37-4-204
SECTION 37-4-204. Minimum charges and retentions.
Status: in_force

Notwithstanding any other provision of law, credit life, property, and accident and health insurance premiums charged by supervised lenders under the Consumer Protection Code or by restricted lenders under the consumer finance law are each subject to a minimum charge and a minimum retention of three dollars. The provisions of this section do not require a creditor to grant a refund or credit of a life, accident and health, or property insurance premium on any contract to the debtor if any refund or credit due to the debtor under this section is less than three dollars.
S.C. Code Ann. § 37-23-30 — SC Code / Title 37 / Chapter 23 / Article 3 / Section 37-23-30
SECTION 37-23-30. High-cost home loan agreements.
Status: in_force

A high-cost home loan agreement may not contain: (1) a call provision that permits the lender, in its sole discretion, to accelerate the indebtedness. This item does not apply when repayment of the loan is accelerated by default, or pursuant to a due-on-sale provision, or some other provision of the loan documents unrelated to the payment schedule; (2) a balloon payment provision that contains a scheduled payment more than twice as large as the average of earlier scheduled payments. This provision does not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower; (3) a negative amortization provision with a periodic payment schedule that causes the principal balance to increase; (4) a provision that increases the interest rate after default. This provision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, so long as the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness; (5) terms under which more than two periodic payments required pursuant to the loan are consolidated and paid in advance from the loan proceeds provided to the borrower; (6) charges to a borrower for fees to modify, renew, extend, or amend a high-cost home loan or to defer a payment due pursuant to the terms of a high-cost home loan; or (7) contain as a part of the loan agreement a choice of law provision identifying a state other than South Carolina, unless otherwise allowed under federal law.
S.C. Code Ann. § 37-10-103 — SC Code / Title 37 / Chapter 10 / Section 37-10-103
SECTION 37-10-103. Prepayment of loans of one hundred fifty thousand dollars or less.
Status: in_force

The debtor may prepay in full at any time without penalty the debt represented by a personal, family, or household purpose loan agreement that is secured in whole or in part by a first or junior lien on real estate if the aggregate of all sums advanced will not exceed one hundred fifty thousand dollars.
S.C. Code Ann. § 37-25-10 — SC Code / Title 37 / Chapter 25 / Section 37-25-10
SECTION 37-25-10. Definitions.
Status: in_force

As used in this section: (1) "Contact lens prescription" means a written order bearing the original signature of a licensed optometrist or ophthalmologist or an oral order issued directly to a dispenser by a licensed optometrist or ophthalmologist which authorizes dispensing ophthalmic contact lenses to a patient, including contact lenses with or without power sold for any purpose. (2) "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, and other legal entity. (3) "Department" means the South Carolina Department of Consumer Affairs.
S.C. Code Ann. § 37-1-108 — SC Code / Title 37 / Chapter 1 / Section 37-1-108
SECTION 37-1-108. Effect of title on powers of organizations.
Status: in_force

(1) This title prescribes maximum charges for all creditors, except lessors and those excluded (Section 37-1-202), extending consumer credit including consumer credit sales (Section 37-2-104), and consumer loans (Section 37-3-104), and displaces existing limitations on the powers of those creditors based on maximum charges. (2) With respect to sellers of goods or services, lenders licensed under this title, consumer and sales finance companies, industrial banks and loan companies, and commercial banks and trust companies, this title displaces existing limitations on their powers based solely on amount or duration of credit. (3) Except as provided in subsection (1), this title does not displace limitations on powers of credit unions, savings banks, savings and loan associations, or other thrift institutions or insurance premium service companies whether organized for the profit of shareholders or as mutual organizations. (4) Except as provided in subsections (1) and (2), this title does not displace: (a) limitations on powers of supervised financial organizations (subsection (27) of Section 37-1-301) with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan secured by an interest in land, or other similar restrictions designed to protect deposits, or (b) limitations on powers an organization is authorized to exercise under the laws of this State or the United States.
S.C. Code Ann. § 37-6-509 — SC Code / Title 37 / Chapter 6 / Section 37-6-509
SECTION 37-6-509. Oath and bond of administrator.
Status: in_force

The administrator shall take the oath of office prescribed for all State officers. Before entering upon the duties of his office, he shall give bond to the State for the benefit of any person aggrieved by his unlawful or wrongful actions, and such bond shall be in the sum of fifty thousand dollars, with sufficient surety, to be approved by the State Treasurer, for the faithful performance of all the duties required of him under the law during the term of his office. The premium of the bond shall be paid by the State.
S.C. Code Ann. § 37-3-102 — SC Code / Title 37 / Chapter 3 / Section 37-3-102
SECTION 37-3-102. Scope.
Status: in_force

This chapter applies to consumer loans including supervised loans and, except as provided in Sections 37-3-200 and 37-3-500, restricted loans; in addition part 6 applies to loans other than consumer loans.
S.C. Code Ann. § 37-17-80 — SC Code / Title 37 / Chapter 17 / Section 37-17-80
SECTION 37-17-80. Hearings before Administrative Law Court; assessment of administrative penalties.
Status: in_force

(A) The department may file a request for a contested case hearing with the Administrative Law Court for an order requiring a person to cease and desist or an order revoking, suspending, or vacating the certificate of authority of a person, if the Administrative Law Court finds, after a hearing that the person: (1) has violated or failed to comply with a provision of this chapter or a regulation promulgated pursuant to the authority of this chapter; (2) has obtained a certificate of authority through wilful misrepresentation or fraud; (3) has engaged in a fraudulent or deceptive practice; (4) has wilfully, orally or in writing, misrepresented the terms, benefits, privileges, and provisions of a discount medical plan issued or to be issued by it; (5) is unable to meet obligations as determined by generally accepted accounting principles; (6) has, after notice to the person of an alleged occurrence of any of items (1) through (5), refused without just cause to submit relevant information to the administrator with respect to its services within this State. (B) Instead of revocation, suspension, or refusal to continue a certificate of authority for a violation or violations of items (1) through (6) of subsection (A), the administrative law judge may assess an administrative penalty of not less than one hundred nor more than ten thousand dollars for each violation. These penalties may be assessed in connection with orders to cease and desist.
S.C. Code Ann. § 37-4-205 — SC Code / Title 37 / Chapter 4 / Section 37-4-205
SECTION 37-4-205. Payment on legitimate insurance claim; damages; fees; costs.
Status: in_force

No person may act or attempt in a consumer credit transaction to prevent the filing or receiving of payment on a legitimate insurance claim. In an action in which it is found that a person has violated this section, the court shall award to the consumer the actual damages and consequential damages, if any, and to his attorneys their reasonable fees and costs. In determining attorney's fees and costs, the amount of recovery on behalf of the consumer is not controlling.
S.C. Code Ann. § 37-3-402 — SC Code / Title 37 / Chapter 3 / Section 37-3-402
SECTION 37-3-402. Balloon payments.
Status: in_force

(1) Except as provided in subsection (2), if any scheduled payment of a consumer loan is more than twice as large as the average of earlier scheduled payments, the consumer has the right to refinance, without penalty, the amount of that payment at the time it is due. The terms of the refinancing shall be no less favorable to the consumer than the terms of the original transaction. (2) This section does not apply to: (a) a transaction pursuant to a revolving loan account; (b) a transaction to the extent that the payment schedule is adjusted to the seasonal or irregular income or scheduled payments or obligations of the consumer; (c) a credit transaction to the extent a formula for determining the rate of the loan finance charge and any change in the amount of payment upon renegotiation or refinancing is specified in the agreement between the parties or is an alternative mortgage instrument; or (d) a transaction of a class defined by rule of the administrator as not requiring for the protection of the consumer his right to refinance as provided in this section.
S.C. Code Ann. § 37-21-30 — SC Code / Title 37 / Chapter 21 / Section 37-21-30
SECTION 37-21-30. Time restrictions on telephone solicitation.
Status: in_force

A telephone solicitor may not initiate, or cause to be initiated, a telephone solicitation at any time other than between 8:00 a.m. and 9:00 p.m. local time at the consumer's location, unless the telephone solicitor has obtained the prior written consent of the consumer.
S.C. Code Ann. § 37-6-604 — SC Code / Title 37 / Chapter 6 / Section 37-6-604
SECTION 37-6-604. Functions and duties of division.
Status: in_force

(A) The functions and duties of the Division of Consumer Advocacy are: (1) to provide legal representation of the consumer interest before the state and federal regulatory agencies which undertake to fix rates or prices for consumer products or services or to enact regulations or establish policies related thereto and to provide legal representation of the consumer interest concerning insurance matters, certificates of need for health facilities and services as required for an activity under Section 44-7-160, and other health-related provisions; (2) to monitor existing regulations, rate structures, and policies of that agency of special interest to consumers and report to the public through the news media proposed changes therein under consideration and the effect of those changes on the lives of the citizens of the State; and (3) to evaluate and act upon requests from consumers concerning the matters set forth in items (1) and (2), except that any proceedings initiated by the Consumer Advocate must be brought on behalf of the public at large and not for individuals; initiation or continuation of any proceedings is in the sole discretion of the Consumer Advocate. (B) The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy. (C) The Consumer Advocate shall be provided notice of any matter filed at the Public Service Commission that could impact consumers' utility rates, and may intervene as a party to advocate for the interest of consumers before the Public Service Commission and appellate courts in such matters as the Consumer Advocate deems necessary and appropriate. Editor's Note 2018 Act No. 258, SECTION 12, provides as follows: "SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act." Effect of Amendment 2018 Act No. 258, SECTION 6, rewrote (C).
S.C. Code Ann. § 37-2-414 — SC Code / Title 37 / Chapter 2 / Section 37-2-414
SECTION 37-2-414. Limitation on default charges.
Status: in_force

Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a consumer credit sale may not provide for any charges as a result of default by the buyer other than those authorized by this title. A provision in violation of this section is unenforceable.
S.C. Code Ann. § 37-17-20 — SC Code / Title 37 / Chapter 17 / Section 37-17-20
SECTION 37-17-20. Definitions.
Status: in_force

As used in this chapter: (1) "Administrator" means the administrator of the South Carolina Department of Consumer Affairs. (2) "Discount medical plan organization" means an entity that, in exchange for fees, dues, charges, or other consideration, provides access for customers to providers of health care services and the right to receive health care services from those providers at a discount. There can be only one discount medical plan organization for each discount program. The discount medical plan organization is the organization that contracts with providers, provider networks, or other discount medical plan organizations to offer access to medical or ancillary services at a discount and determines the charge to discount medical plan customers. (3) "Health care services" means any care, service, or treatment of an illness or dysfunction of, or injury to, the human body. Health care services includes, but is not limited to, physician care, inpatient care, hospital surgical services, emergency medical services, ambulance services, dental care services, vision care services, mental health care services, substance abuse services, chiropractic services, podiatric services, laboratory test services, the provision of medical equipment or supplies, and pharmaceutical supplies or prescriptions. (4) "Department" means the South Carolina Department of Consumer Affairs. (5) "Marketer" means a corporation, partnership, or other business entity including, but not limited to, a health maintenance organization, an insurance company, or third party payor, who sells, markets, promotes, advertises, or distributes a discount medical plan or other purchasing mechanism or device that purports to offer discounts or access to discounts from the health care providers described in item (3) in this State on behalf of a discount medical plan organization. (6) "Representative" means an individual who is designated by a discount medical plan organization, as defined in this section, and acts or aids on behalf of the discount medical plan organization in the solicitation, negotiation, or renewal of a discount medical plan with respect to South Carolina citizens. (7) "Customer" means an individual who pays for the right to receive the benefits of a discount medical plan. (8) "Medicare prescription drug plan" means a plan that provides a Medicare Part D prescription drug benefit in accordance with the requirements of the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA).
S.C. Code Ann. § 37-5-104 — SC Code / Title 37 / Chapter 5 / Section 37-5-104
SECTION 37-5-104. No garnishment.
Status: in_force

With respect to a debt arising from a consumer credit sale, a consumer lease, a consumer loan, or a consumer rental-purchase agreement, regardless of where made, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings.
S.C. Code Ann. § 37-4-201 — SC Code / Title 37 / Chapter 4 / Section 37-4-201
SECTION 37-4-201. Term of insurance; medical evidence of insurability disclosure requirements.
Status: in_force

(1) Consumer credit insurance provided by a creditor may be subject to the furnishing of evidence of insurability satisfactory to the insurer. Whether or not such evidence is required, the term of the insurance shall commence no later than when the debtor becomes obligated to the creditor or when the debtor applies for the insurance, whichever is later, except as follows: (a) if any required evidence of insurability is not furnished until more than thirty days after the term would otherwise commence, the term may commence on the date when the insurer determines the evidence to be satisfactory; or (b) if the creditor provides insurance not previously provided covering debts previously created, the term may commence on the effective date of the policy. (2) If evidence of insurability is required, and the insured's eligibility is to be determined by inquiries about existing or past medical conditions, the medical conditions inquired about shall be clearly and conspicuously disclosed in plain language on forms promulgated or approved by the Department of Insurance which achieve a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test. The disclosure shall be made in a clear and conspicuous manner in bold type, with space for the insured to personally acknowledge the disclosure by a dated signature or initial immediately adjacent to the disclosure. Insurance coverage shall not be denied on the basis of any medical condition not so disclosed. Coverage shall not be denied if the insured's dated acknowledgment does not appear on the form. (3) The originally scheduled term of the insurance shall extend at least until the due date of the last scheduled payment of the debt, except as follows: (a) if the insurance relates to a revolving charge account or revolving loan account, the term need extend only until the payment of the debt under the account and may be sooner terminated after at least thirty days' notice to the debtor; or (b) if the consumer chooses to purchase insurance for less than the term of the consumer credit transaction and if the debtor is advised in writing that the insurance will be written for a specified shorter time as described in subitems (ii) and (iii), the term need extend only until the end of the specified time: (i) For all closed-end credit transactions in which the debtor's age at loan maturity would not exceed any applicable age limit, the debtor shall be given a disclosure that the insurance is for the length of the loan. (ii) The disclosure may allow the consumer to affirmatively sign a statement that the term of the insurance is less than the length of the loan, in which event, the coverage shall be for the duration so agreed to and the disclosure must clearly and conspicuously indicate the length of the insurance coverage and that the length of the insurance coverage is less than the term of the loan. (iii) All insurance may be subject to a provision by which the insurance terminates when the insured debtor attains a specified age, which shall not be less than sixty-six years; provided, that any premium paid by or charged to a debtor for a period of coverage beyond such termination age shall result in coverage being continued until the end of the period for which the premium payment or charge is made. (iv) The disclosures must achieve a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test. (4) The term of the insurance shall not extend more than fifteen days after the originally scheduled due date of the last scheduled payment of the debt unless it is extended without additional cost to the debtor or as an incident to a deferral, refinancing, or consolidation.
S.C. Code Ann. § 37-6-402 — SC Code / Title 37 / Chapter 6 / Section 37-6-402
SECTION 37-6-402. "Contested case"; "license"; "licensing"; "party"; "rule" defined.
Status: in_force

In this part: (1) "Contested case" means a proceeding including, but not restricted to, a proceeding initiated pursuant to the provisions on administrative enforcement orders as provided in Section 37-6-108(A) and licensing matters in which the legal rights, duties, or privileges of a party are required by law to be determined after an opportunity for hearing. (2) "License" means a license authorizing a person to make supervised loans pursuant to the provisions on authority to make supervised loans (Section 37-3-502) and restricted loans pursuant to Chapter 29, Title 34 (the South Carolina Consumer Finance Act). (3) "Licensing" includes the Board of Bank Control's process respecting the grant, denial, revocation, suspension, annulment, withdrawal, or amendment of a license. (4) "Party" means the administrator and each person named or admitted as a party, or who is aggrieved by action taken and seeks to be admitted as a party. (5) "Rule" means each rule authorized by this title that applies generally and implements, interprets or prescribes law or policy, or each statement by the administrator that applies generally and describes the administrator's procedure or practice requirements or the organization of his office. The term includes the amendment or repeal of a prior rule but does not include: (a) statements concerning only the internal management of the administrator's office and not affecting private rights or procedures available to the public; (b) declaratory rulings issued pursuant to the provisions of declaratory rulings by administrator (Section 37-6-409); (c) intraoffice memoranda. 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. § 37-2-416 — SC Code / Title 37 / Chapter 2 / Section 37-2-416
SECTION 37-2-416. Change in terms of revolving charge accounts.
Status: in_force

(1) Whether or not a change is authorized by prior agreement, a creditor may change the terms of a revolving charge account applying to any balance incurred before or after the effective date of the change. If the change increases the rate of the credit service charge or of additional charges, alters the method of determining the balance upon which charges are made so that increased charges may result, or imposes or increases minimum charges, the change is effective with respect to a balance incurred before the effective date of the change only if the consumer after receiving disclosure of the change agrees to it in writing or the creditor delivers or mails to the consumer one written disclosure of the change at least thirty days before the effective date. The written disclosure must state that if the consumer does not want to continue the revolving account under the new terms the creditor will terminate the account and permit the consumer to pay the existing balance under the terms in effect before the change in terms on the written request of the consumer sent to the creditor at the address provided in the disclosure. The disclosure also must state that the consumer may apply for another revolving account on the new terms. (2) A disclosure provided for in subsection (1) is mailed to the consumer when mailed to him at his address used by the creditor for mailing him periodic billing statements. (3) If a creditor attempts to change the terms of a revolving charge account as provided in subsection (1) without complying with this section, any additional cost or charge to the consumer resulting from the change is an excess charge and is subject to the remedies available to the consumer (Section 37-5-202) and to the administrator (Section 37-6-113). Part 5 Home Solicitation Sales
S.C. Code Ann. § 37-2-101 — SC Code / Title 37 / Chapter 2 / Section 37-2-101
SECTION 37-2-101. Short title.
Status: in_force

This chapter shall be known and may be cited as South Carolina Consumer Protection Code - Credit Sales.
S.C. Code Ann. § 37-6-412 — SC Code / Title 37 / Chapter 6 / Section 37-6-412
SECTION 37-6-412. Decisions and orders.
Status: in_force

A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with rules of the administrator, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. In every decision or order, regardless whether adverse or not, a copy of the decision or order shall be delivered or mailed by certified mail to each party and to the attorneys of record.
S.C. Code Ann. § 37-6-508 — SC Code / Title 37 / Chapter 6 / Section 37-6-508
SECTION 37-6-508. Deputy administrator.
Status: in_force

The administrator, with the approval of the commission, may designate such deputies as he determines necessary to assist him in performing the duties he is required to perform under this title. Any deputy shall satisfy and meet the same qualifications, including bond, required for the administrator.
S.C. Code Ann. § 37-2-309 — SC Code / Title 37 / Chapter 2 / Section 37-2-309
SECTION 37-2-309. Manufactured home credit disclosure; material terms.
Status: in_force

(A) An estimate of the disclosures required by Section 37-2-301 is required in connection with a credit sale of a purchaser-occupied manufactured home not less than two days before the consummation of the transaction as defined in 12 C.F.R. Section 226.2(a)(13). The estimated disclosure must be accompanied by the itemization of the amount financed. With respect to a credit sale that is secured by real property, the disclosures required by the Federal Real Estate Settlement Procedures Act are applicable. (B) If the seller turns down the applicant for the credit sale before making the disclosures, the disclosures as provided in subsection (A) are not required. With respect to a credit sale that is secured by real property, the disclosures required by the Federal Real Estate Settlement Procedures Act are applicable. (C)(1) If the seller determines that a material term of the credit sale must change, then the seller shall redisclose the estimated disclosures to conform to the changed terms and the transaction must not be consummated until one day after the redisclosure. (2) A material term of the credit sale includes: (a) the number of payments of the transaction; (b) a feature of the transaction causing it to be an alternative mortgage transaction as defined in 12 U.S. Code Section 3802(1) when the transaction as previously disclosed was not an alternative mortgage transaction; (c) a term or fee in the transaction or combination of terms or fees causing the annual percentage rate to vary more than one quarter of one percent of the annual percentage rate previously disclosed; or (d) any insurance premiums, prepaid finance charges, third-party fees, or preparation charges that vary from the previously disclosed insurance premiums, prepaid finance charges, third-party fees, or preparation charges by the lesser of five hundred dollars in the aggregate or one percent of the estimated amount disclosed pursuant to subsection (A). Part 4 Limitations on Agreements and Practices
S.C. Code Ann. § 37-17-10 — SC Code / Title 37 / Chapter 17 / Section 37-17-10
SECTION 37-17-10. Citation of chapter.
Status: in_force

This chapter may be cited as the "Discount Medical Plan Organization Registration Act".
S.C. Code Ann. § 37-13-10 — SC Code / Title 37 / Chapter 13 / Section 37-13-10
SECTION 37-13-10. Definitions.
Status: in_force

As used in this chapter: (1) "Buyer" means a purchaser of a motor vehicle under the terms of a retail installment contract. It includes a co-buyer on the retail installment contract. (2) "Lease" means an agreement between a lessor and lessee where the lessee obtains the possession and use of a motor vehicle for the period of time, for the purposes, and for the consideration set forth in the agreement whether or not the agreement includes an option to purchase the motor vehicle. However, "lease" does not include a residential rental agreement of a manufactured home subject to Chapter 40, Title 27. (3) "Lessor" means a person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease agreements or purchases motor vehicle lease agreements or a sales finance company that purchases motor vehicle lease agreements. (4) "Lessee" means a person who obtains possession and use of a motor vehicle through a motor vehicle lease agreement. (5) "Person" means an individual, a partnership, a corporation, an association, or other group however organized. (6) "Security interest" means an interest in personal property that secures performance of an obligation. (7) "Secured party" means a lender, a seller, or other person in whose favor there is a security interest including a person to whom accounts or retail installment sales contracts have been sold. (8) "Sublease" means an agreement whether written or oral to transfer: (a) to a third party possession of a motor vehicle which is and, while in that third party's possession, remains the subject of a security interest which secures performance of a retail installment contract or consumer loan; (b) or assign to a third party any of the buyer's rights, interests, or obligations under the retail installment contract or consumer loan; (c) to a third party possession of a motor vehicle which is and, while in the third party's possession, remains the subject of a motor vehicle lease agreement; or (d) or assign to a third party any of the lessee's or buyer's rights, interests, or obligations under the motor vehicle lease agreement. (9) "Sublease arranger" means a person who engages in the business of inducing by any means buyers and lessees to enter into subleases as sublessors and inducing third parties to enter into subleases or sublessees, however these contracts are called. (10) "Third party" means a person other than the buyer or the lessee of the vehicle. (11) "Transfer" means to transfer possession of a motor vehicle by sale, loan assumption, lease, sublease, or lease assignment.
S.C. Code Ann. § 37-3-200 — SC Code / Title 37 / Chapter 3 / Section 37-3-200
SECTION 37-3-200. Restricted loans and restricted lenders.
Status: in_force

This part does not apply to restricted loans or restricted lenders.
S.C. Code Ann. § 37-2-702 — SC Code / Title 37 / Chapter 2 / Section 37-2-702
SECTION 37-2-702. Required disclosures; manner of disclosure; when disclosures required.
Status: in_force

(1) In a consumer rental-purchase agreement, the lessor shall disclose the following items, as applicable: (a) the total of scheduled payments; (b) the number, amounts, and timing of all payments including taxes paid to or through the lessor necessary to acquire ownership of the property; (c) a statement that the lessee will not own the property until the lessee has made the number of payments and the total of scheduled payments necessary to acquire ownership of the property; (d) a statement that the total of payments does not include other charges, such as late payment charges, and that the consumer should see the contract for an explanation of these charges; (e) if applicable, a statement that the lessee is responsible for the fair market value of the property if and as of the time it is lost, stolen, damaged, or destroyed; (f) a statement indicating whether the property is new or used, provided, it is not a violation of this section to indicate that the property is used if it is actually new; (g) a statement that at any time after the first periodic payment is made, the lessee may acquire ownership of the property by tendering fifty-five percent of the difference between the total of scheduled payments and the total amount paid on the account. (2) The administrator of the Department of Consumer Affairs may promulgate regulations setting requirements for the order and conspicuousness of the disclosures set forth in subitems (a) through (h). These regulations may allow these disclosures to be made in accordance with model forms prepared by the administrator. (3) In a consumer rental-purchase agreement, the lessor shall make the disclosures required by subsection (1) clearly and conspicuously, and a copy must be given to the lessee for his records. (4) In a consumer rental-purchase agreement, the lessor shall make the disclosures in the manner required by subsection (2) before consummation of the transaction.
S.C. Code Ann. § 37-15-30 — SC Code / Title 37 / Chapter 15 / Section 37-15-30
SECTION 37-15-30. Restrictions on representation that a person has won a prize or contest.
Status: in_force

(A) No person, in connection with the sale, lease, or solicitation for the sale or lease of goods, property, or service, may represent that another person has won anything of value or is the winner of a contest, unless these conditions are met: (1) The recipient of the prize, gift, or item of value must be given the prize, gift, or item of value without monetary obligation. (2) The prize, gift, or item of value must be delivered to the recipient at no expense to the recipient within ten days of the representation. (B) The use of language that may lead a reasonable person to believe that the person has won a contest or anything of value including, but not limited to, "Congratulations", or "You have won", or "You are the winner of", is considered a representation of the type governed by this section. (C) This section does not apply to a promotion or contest meeting the requirements or one of the stated exceptions to applicability set forth in Section 37-15-40.
S.C. Code Ann. § 37-11-50 — SC Code / Title 37 / Chapter 11 / Section 37-11-50
SECTION 37-11-50. Preliminary licenses.
Status: in_force

(A) The department shall issue a preliminary license to a person filing an application pursuant to Section 37-11-30 if, upon payment of the application fee, it determines that: (1) the feasibility study satisfies the requirements in Section 37-11-40(B) and demonstrates the project is feasible; (2) the continuing care contracts and the operator's disclosure statement meet the requirements prescribed by this chapter; (3) the facility's advertising and promotional materials are not deceptive, misleading, or likely to mislead; (4) the facility has in effect its complaint system; (5) the applicant has demonstrated the willingness and potential ability to provide health care or health-related services in a manner that assures availability and accessibility of adequate personnel and facilities, and in a manner that assures continuity of service; (6) the escrow agreement and any reservation agreement state that all deposits will be held in escrow and released in accordance with Section 37-11-90. (B) The department shall issue a license to a person filing an application pursuant to Section 37-11-30 if, upon payment of the application fee, the department is satisfied that: (1) the persons responsible for the conduct of the affairs of the applicant are competent and trustworthy and possess good reputations; (2) the continuing care retirement community is financially responsible and can meet its obligations to residents; (3) the operator has demonstrated the willingness and potential ability to assure that the health care or health-related services will be provided in a manner to assure both availability and accessibility of adequate personnel and facilities and in a manner assuring availability, accessibility, and continuity of service; (4) the operator has complied with all requirements of the Department of Health and Environmental Control concerning the furnishing of nursing, medical, or other health-related services. Effect of Amendment 2022 Act No. 197, SECTION 5, inserted (A), and inserted the (B) designator in the former undesignated paragraph.
S.C. Code Ann. § 37-2-102 — SC Code / Title 37 / Chapter 2 / Section 37-2-102
SECTION 37-2-102. Scope.
Status: in_force

This chapter applies to consumer credit sales, including home solicitation sales, and consumer leases; Sections 37-2-307 and 37-2-308 of Part 3 apply to the sale of motor vehicles; in addition, Part 6 applies to other than consumer credit sales and Part 7 applies to consumer rental-purchase agreements. Effect of Amendment 2016 Act No. 244, SECTION 4, inserted "Sections 37-2-307 and 37-2-308 of Part 3 apply to the sale of motor vehicles".
S.C. Code Ann. § 37-1-202 — SC Code / Title 37 / Chapter 1 / Section 37-1-202
SECTION 37-1-202. Exclusions.
Status: in_force

Except as otherwise provided, this title does not apply to: (1) extensions of credit to government or governmental agencies or instrumentalities; (2) the sale of insurance by an insurer, except as otherwise provided in the chapter on insurance (Chapter 4) [Sections 37-4-101 et seq.]; (3) transactions under public utility, municipal utility or common carrier tariffs if a subdivision or agency of this State or of the United States regulates the charges for the services involved, the charges for delayed payment, and any discount allowed for early payment; (4) transactions made pursuant to and in compliance with Chapter 39 of Title 40;. (5) licensing or examining restricted lenders [Section 37-3-501(4)]; (6) rates and charges for advancing insurance premiums by insurance agents which shall be governed by the applicable provisions of Chapter 51 of Title 38 [Sections 38-51-10 et seq.]; or insurance premium service companies which shall be governed by the applicable provisions of Chapter 27 of Title 38 [Sections 38-27-10 et seq.]; (7) rates and charges on restricted loans [Section 37-3-501(3)]; which shall be subject to the applicable provisions of Title 34; (8) loans, sales, or leases made primarily for agricultural purposes; except as otherwise provided in Chapter 10 [Sections 37-10-101 et seq.] of this title; (9) loans to or on behalf of students pursuant to a government supported educational loan program; (10) federally chartered credit unions; (11) transactions in securities or commodities accounts with broker- dealers registered under Article 4 of Chapter 1, Title 35 or with the Securities and Exchange Commission.
S.C. Code Ann. § 37-7-105 — SC Code / Title 37 / Chapter 7 / Section 37-7-105
SECTION 37-7-105. Continuing professional education requirements.
Status: in_force

(A) Licensees must complete at least twelve hours of continuing professional education every two years. At least six of the twelve hours must be earned in a live instructional setting as opposed to a correspondence course or similar instructional method. If the organization is a sole proprietorship or partnership, owners and partners must complete the required twelve hours of continuing professional education every two years. If the organization is a limited liability company or corporation, any member or president, chief executive officer, or other officer who has ownership interest of twenty-five percent or greater and who actively participates in the organization must complete the required twelve hours of continuing professional education every two years. The continuing professional education completed must be reported to the department every two years on a form approved by its showing the date and title of the courses taken, the teacher or sponsor of the course taken, and the hours of continuing professional education claimed for the course. If the course is taught in a classroom setting, fifty minutes of classroom contact equals one hour of continuing professional education. Course sponsors must maintain records of attendees for two years after the course. (B) Documentation of attendance at the courses or correspondence courses completed must be maintained by the licensee and consists of a certificate of completion issued by the teacher or sponsor of the course showing the recommended number of hours of continuing professional education. This documentation is subject to inspection by the department for up to two years after the date of the course. (C) The department shall: (1) offer continuing professional education courses to assist licensees in obtaining the continuing professional education required by this chapter; and (2) appoint two credit counselors and one representative of the department to a panel for two-year terms to approve courses offered by sponsors other than the department as to their qualifications as continuing professional education. The panel may conduct its meetings by way of a conference call. The department shall develop a questionnaire to ascertain the interest and background of potential members of this panel. (D) If a licensee fails to complete his continuing professional education in a timely manner, the license expires and the licensee shall pay a penalty not in excess of one hundred dollars to renew the license. (E) A licensee may request an administrative hearing to appeal the expiration of its license for failure to complete the continuing professional education requirements. A license may be renewed without penalty within thirty days after the expiration if the licensee completes the professional education requirements.
S.C. Code Ann. § 37-15-60 — SC Code / Title 37 / Chapter 15 / Section 37-15-60
SECTION 37-15-60. Use of simulated checks or invoices restricted.
Status: in_force

In connection with a consumer transaction, no person may issue any writing that simulates or resembles: (1) a check, unless the writing clearly and conspicuously discloses its true value and purpose, and the writing would not mislead a reasonable person; or (2) an invoice, unless the intended recipient of the invoice has contracted for goods, property, or services for which the issuer seeks proper payment.
S.C. Code Ann. § 37-2-305 — SC Code / Title 37 / Chapter 2 / Section 37-2-305
SECTION 37-2-305. Filing and posting maximum rate schedule.
Status: reserved

(1) Every creditor (Section 37-1-301(13)), intending to impose a credit service charge in excess of eighteen percent per annum other than an assignee of a credit obligation, making consumer credit sales (Section 37-2-104) in this State on or before the effective date of this section, and in the case of a creditor not making consumer credit sales in this State on that date, on or before the date the creditor begins to make such credit sales in this State, shall file a rate schedule with the Department of Consumer Affairs and, except as otherwise provided in this section, post in one conspicuous place in every place of business in this State, if any, in which offers to make consumer credit sales are extended, a maximum rate schedule issued by the department which contains the items set forth in subsections (2), (3), and (4). (a) A creditor that has seller credit cards or similar arrangements (Section 37-1-301(26)) is not required to post a copy of the required rate schedule in any place of business which is authorized to honor such transactions; provided that the creditor shall include a conspicuous statement of the maximum rate it intends to charge for these transactions in the initial disclosure statement required to be provided the debtor by the Federal Truth-In-Lending Act and notifies the debtor of any change in the maximum rate on or before the effective date of the change. (b) [Reserved] (2) The rate schedule required to be filed and posted by subsection (1) must contain a list of the maximum rate of credit service charge (Section 37-2-109) stated as an annual percentage rate, determined in accordance with the Federal Truth-In-Lending Act and Federal Reserve Board Regulation Z, that the creditor intends to charge for consumer credit transactions in each of the following categories of credit: (a) unsecured credit sales; (b) secured credit sales other than those secured by real estate; (c) credit sales secured by real estate; (d) open-end (revolving) credit; (e) all other. If a variable rate is applicable to one or more categories or subcategories, the rate schedule must designate the rate as a variable rate and disclose the index for calculating changes in the rate and the cap or other limitation, if any, on any increases or decreases in the rate. The creditor may include as many subcategories as it chooses under each of the specified categories, and may, at its option, include a series of rates for different dollar amounts and maturities. A creditor may omit one or more of the categories from the rate schedule if the creditor does not make consumer credit transactions falling within the omitted categories. (3) The rate schedule that is filed by the creditor must be reproduced by the department in at least fourteen-point type for posting as required by subsection (1). The terms "Credit Service Charge" and "Annual Percentage Rate" will be printed in larger size type than the other terms in the posted rate schedule. The following statement must be included in the posted rate schedule: "Consumers: All creditors making consumer credit sales in South Carolina are required by law to post a schedule showing the maximum rate of CREDIT SERVICE CHARGES expressed as the FINANCE CHARGE stated as ANNUAL PERCENTAGE RATES that the creditor intends to charge for various types of consumer credit transactions. The purpose of this requirement is to assist you in comparing the maximum rates that creditors charge, thereby furthering your understanding of the terms of consumer credit transactions and helping you to avoid the uninformed use of credit. NOTE: Creditors are prohibited only from granting consumer credit at rates higher than those specified above. A creditor may be willing to grant you credit at rates that are lower than those specified, depending on the amount, terms, collateral, and your creditworthiness." (4) A rate schedule filed and posted as required by this section is effective until changed in accordance with this subsection. A creditor wishing to change any of the maximum rates shown on a schedule previously filed and posted or to add or delete the prescribed categories or subcategories shall file with the Department of Consumer Affairs together with the required fee specified in subsection (7) and post as required by subsection (1) a revised schedule of maximum rates. The revised rate schedule is effective on the date issued by the department. The posting or changes in connection with seller credit cards and similar arrangements shall be made in accordance with subsection (1). (5) A creditor has no obligation to print the maximum rate schedule in any public advertisement that mentions rates charged by that creditor. (6) The Commission on Consumer Affairs shall promulgate a regulation pursuant to subsection (2) of Section 37-6-506 establishing the filing procedures for the format of the rate schedules prescribed by this section. (7) Every creditor shall file at least one maximum rate schedule and pay at least one forty-dollar filing fee during each state fiscal year disclosing that creditor's existing maximum rates plus an additional forty dollars for each additional location. This filing and fee required of each creditor is due annually before the thirty-first day of January of each year. If this filing does not change any maximum rates previously filed, the creditor is not required to alter posted maximum rates. If any creditor has not filed a maximum rate schedule with the Department of Consumer Affairs by the thirty-first day of January of the year in which it is due, then on this date the filing is no longer effective and the maximum credit service charge that the creditor may impose on any credit extended after that date may not exceed eighteen percent a year until such time as the creditor files a revised maximum rate schedule that complies with this section. The Department of Consumer Affairs shall retain each fee to offset the cost of administering and enforcing this chapter and Chapter 3. This revenue may be applied to the cost of operations and any unexpended balance carries forward to succeeding fiscal years and must be used for the same purposes. Effect of Amendment 2016 Act No. 244, SECTION 5, in (1), inserted "a rate schedule" following "shall file", and substituted "issued by the department which contains the items" for "meeting the requirements"; in (3), inserted "by the department" in the first sentence; in (4), deleted ", in duplicate," following "file with the Department of Consumer Affairs", substituted "subsection (7)" for "subsection (6)", deleted the prior third sentence relating to certification and return of the revised schedule, rewrote the prior fourth sentence, now the third sentence, deleting text related to receipt of the certified schedule by the creditor; deleted former (6), related to maintenance of a file for each creditor by the department; redesignated former (7) and (8) as (6) and (7); in (6), inserted "filing procedures for the"; in (7), deleted "thirty dollars of" following "shall retain" in the second to last sentence; and made a nonsubstantive change.
S.C. Code Ann. § 37-5-101 — SC Code / Title 37 / Chapter 5 / Section 37-5-101
SECTION 37-5-101. Short title.
Status: in_force

This chapter shall be known and may be cited as South Carolina Consumer Protection Code - Remedies and Penalties.
S.C. Code Ann. § 37-23-80 — SC Code / Title 37 / Chapter 23 / Article 5 / Section 37-23-80
SECTION 37-23-80. Prepayment.
Status: in_force

The debtor may prepay in full at any time without penalty the debt represented by a personal, family, or household purpose loan agreement that is secured in whole or in part by a first or junior lien on real estate if the aggregate of all sums advanced or contemplated by the parties in good faith to be advanced does not exceed one hundred fifty thousand dollars.
S.C. Code Ann. § 37-7-101 — SC Code / Title 37 / Chapter 7 / Section 37-7-101
SECTION 37-7-101. Definitions.
Status: in_force

As used in this chapter: (1) "Consumer" means consumer as defined in Section 37-1-301(10). (2) "Credit counseling organization" means a person providing or offering to provide to consumers credit counseling services for a fee, compensation, or gain, or in the expectation of a fee, compensation, or gain, including debt management plans. (a) The business of credit counseling is conducted in this State if the credit counseling organization, its employees, or its agents are located in this State or if the credit counseling organization solicits or contracts with debtors located within this State. (b) This term does not include the following when acting in the regular course of their respective businesses and professions: (i) attorneys at law; (ii) banks, fiduciaries, credit unions, savings and loan associations, and savings banks as duly authorized and admitted to transact business in the State of South Carolina; (iii) a certified public accountant providing credit counseling advice pursuant to an accounting practice; (iv) title insurers and abstract companies doing escrow business; (v) judicial officers or others acting pursuant to court order; (vi) nonprofit faith-based organizations; (vii) counselors certified by the South Carolina Housing Authority to the extent engaged in counseling pursuant to Chapter 23, High-Cost and Consumer Home Loans. These counselors must be certified by the Housing Authority pursuant to Section 37-23-40; (viii) mortgage brokers, real estate brokers, salesmen, and property managers licensed pursuant to Title 40; and (ix) consumer reporting agencies as defined by 15 U.S.C. Section 1681(a) (f) and any person or agency, or any affiliate or subsidiary of a consumer reporting agency, that obtains consumer reports from the agency under a certification pursuant to 15 U.S.C. Section 1681(e)(a) for the purpose of reselling the report, or information contained in or derived from the report, to a consumer, or monitoring information in the report on behalf of a consumer. (3) "Credit counseling service" means: (a) receiving or offering to receive funds from a consumer for the purpose of distributing the funds among the consumer's creditors in full or partial payment of the consumer's debts; (b) improving or offering to improve a consumer's credit record, history, or rating; (c) negotiating or offering to negotiate to defer or reduce a consumer's obligations with respect to credit extended by others. (4) "Credit counselor" means an employee or agent of a credit counseling organization engaging in services described in item (3). (5) "Creditor" means the person who grants credit in a consumer credit transaction or, except as otherwise provided, an assignee of a creditor's right to payment, but the term does not in itself impose on an assignee an obligation of his assignor. In the case of credit granted pursuant to a credit card, the 'person who grants credit' is the card issuer and not another person honoring the credit card. (6) "Debt management plan" or "DMP" means a program in which an organization agrees to engage in debt settlement or debt pooling and distribution services on behalf of a consumer with the consumer's creditors and under which the consumer gives money or control of his funds to the organization for distribution to the consumer's creditors. (7) "Debt settlement" means any action or negotiation initiated or taken by or on behalf of a consumer with a creditor of the consumer for the purpose of obtaining debt forgiveness of a portion of the credit extended by the creditor to the consumer or a reduction of payments, charges, or fees payable by the consumer. (8) "Debtor" means the person or persons for whom the credit counseling service is performed. (9) "Department" means the South Carolina Department of Consumer Affairs. (10) "Licensee" means a person licensed pursuant to this chapter. (11) "Nonprofit organization" means a person exempt from taxation pursuant to 26 U.S.C. Section 501(c)(3) of the Internal Revenue Code. (12) "Person" means any individual, corporation, partnership, association, unincorporated organization, or other form of entity, however organized, including a nonprofit organization.
S.C. Code Ann. § 37-6-107 — SC Code / Title 37 / Chapter 6 / Section 37-6-107
SECTION 37-6-107. Administrative actions.
Status: in_force

Except as otherwise provided, the Administrative Procedures Act applies to and governs all administrative action taken pursuant to this chapter or the Part on Supervised Loans (Part 5) of the chapter on Loans (Chapter 3). Effect of Amendment 2016 Act No. 244, SECTION 9, substituted "the Administrative Procedures Act" for "the Part on Administrative Procedure and Judicial Review (Part 4) of this chapter".
S.C. Code Ann. § 37-3-511 — SC Code / Title 37 / Chapter 3 / Section 37-3-511
SECTION 37-3-511. Regular schedule of payments; maximum loan term.
Status: in_force

Supervised loans, in which the rate of loan finance charge exceeds twelve percent per annum, not made pursuant to a revolving loan account, in which the principal is one thousand dollars or less, shall be scheduled to be payable in substantially equal installments at equal periodic intervals except to the extent that the schedule of payments is adjusted to the seasonal or irregular income of the debtor, and (a) over a period of not more than thirty-seven months if the principal is more than three hundred dollars; or (b) over a period of not more than twenty-five months if the principal is three hundred dollars or less.
S.C. Code Ann. § 37-11-95 — SC Code / Title 37 / Chapter 11 / Section 37-11-95
SECTION 37-11-95. Approval required prior to declaring or distributing dividend or similar distribution.
Status: in_force

(A) An operator shall obtain approval from the department before declaring or distributing a dividend or similar distribution which generates a retained deficit or increases an existing retained deficit. (B) The department's approval required under subsection (A) must be given within thirty days from the date of the request unless the department determines in writing that the distribution is not reasonable in relation to the operator's or facility's outstanding liabilities or would otherwise affect the financial soundness of the operator or the facility.
S.C. Code Ann. § 37-2-106 — SC Code / Title 37 / Chapter 2 / Section 37-2-106
SECTION 37-2-106. "Consumer lease" defined.
Status: in_force

(1) "Consumer lease" means a lease of goods: (a) which a lessor regularly engaged in the business of leasing makes to a person, other than an organization, who takes under a lease primarily for a personal, family or household purpose; (b) in which the amount payable under the lease does not exceed twenty-five thousand dollars; and (c) which is for a term exceeding four months. (2) "Consumer lease" does not include a lease made pursuant to a lender credit card or similar arrangement.
S.C. Code Ann. § 37-22-220 — SC Code / Title 37 / Chapter 22 / Section 37-22-220
SECTION 37-22-220. Maintenance of records by licensee; annual mortgage reports.
Status: in_force

(A) A licensee shall maintain records in conformity with generally accepted accounting principles and practices in a manner that will enable the commissioner to determine if the licensee is complying with the provisions of this chapter and other state and federal laws. The recordkeeping system of a licensee is sufficient if it makes the required information reasonably available. The records need not be kept in the place of business where loans are made if the commissioner is given free access to the records wherever located and the licensee pays the reasonable cost of their examination. (B) On or before March thirty-first each year, a licensee shall file with the commissioner an annual report in the form prescribed by the commissioner relating to all mortgage loans made, serviced, or brokered by it. The licensee shall pay a fine of one hundred dollars a day for each late or incomplete annual report. (C) The mortgage loan report shall include, but is not limited to, the total number and dollar amounts in connection with all mortgage loans, of: (1) first and subordinate lien loans originated by licensee and closed in the name of another party; (2) first and subordinate lien loans originated by another party and closed in the name of the licensee; (3) first and subordinate lien loans originated by and closed in the name of the licensee; (4) first and subordinate lien loans originated by and closed in the name of another party but funded by licensee; (5) loans purchased by licensee; (6) first and subordinate lien loans serviced by licensee; (7) loans owned with and without servicing rights; (8) loans sold with and without servicing rights; (9) loans paid off before and at maturity; (10) unpaid loans at the beginning and end of the reporting year; (11) delinquent loans that are 30-59, 60-89, and ninety days or more delinquent, of all the loans the licensee owned as of December thirty-first; (12) loans in foreclosure as of December thirty-first and foreclosed in the previous calendar year by licensee; (13) mortgage loans charged against reserve for loan losses as a result of foreclosures during the reporting year; and (14) loans repurchased during the previous calendar year. (D) The annual report also must include the total gross revenue earned in this State under this license, the total dollar amount of points paid to the licensee by borrowers on first and subordinate lien mortgage loans, the total dollar amount of points paid to brokers by the licensee on first and subordinate lien mortgage loans, including yield spread premiums, and the lending institution, maximum amount available, outstanding balance, and expiration date of licensee's four largest warehouse lines of credit during the previous calendar year. (E) Information contained in annual reports is confidential and may be published only in composite form. (F) The commissioner annually shall submit to the department, in a form prescribed by the Department of Consumer Affairs and no later than April thirtieth, the data that it collected. The department shall prepare and make available to the public a report based on the data. The report must be available by June thirtieth each year.
S.C. Code Ann. § 37-6-303 — SC Code / Title 37 / Chapter 6 / Section 37-6-303
SECTION 37-6-303. Meetings.
Status: in_force

The council and the administrator shall meet together at a time and place designated by the chairman at least twice each year. The council may hold additional meetings when called by the chairman. Part 4 Administrative Procedure and Judicial Review
S.C. Code Ann. § 37-11-90 — SC Code / Title 37 / Chapter 11 / Section 37-11-90
SECTION 37-11-90. Certain entrance fees or reservation deposits to be placed in escrow account; release of funds; exemptions from provisions of this section.
Status: in_force

(A) A continuing care retirement community is exempt from the provisions of this section if: (1) it has been operating for at least five years; (2) for the previous six months it has maintained at least the minimum occupancy rate estimated in its financial feasibility study to achieve a break-even cash flow operating level or seventy-five percent occupancy, whichever is less. (B) If an entrance fee or reservation deposit is received by the operator before the date the resident is permitted to occupy a living unit in the facility, the total amount must be placed in an escrow account with a trust institution. (C) Entrance fees may be released from escrow to the operator only as follows: (1) If the entrance fee applies to a living unit that previously has been occupied in the facility, the entrance fee must be released to the operator when the operator provides written certification that the living unit is available for occupancy by the new resident. (2) If the entrance fee applies to a living unit which previously has not been occupied by a resident, the nonrefundable portion, if any, of the entrance fee must be released to the operator when the operator provides written certification that the living unit is available for occupancy. The refundable portion, if any, of the entrance fee must be released to the operator when the operator provides certification to the escrow agent that the following has occurred: (a) construction or purchase of the living unit has been completed, and an occupancy permit, if applicable, covering the living unit has been issued by the local government having authority to issue the permit; (b) a commitment has been received by the operator for a permanent mortgage loan or other long-term financing, and conditions of the commitment before disbursement of funds have been satisfied substantially; (c) aggregate entrance fees received or receivable by the operator pursuant to binding continuing care retirement community contracts, plus the anticipated proceeds of any first mortgage loan or other long-term financing commitment, are equal to not less than ninety percent of the aggregate cost of constructing or purchasing, equipping, and furnishing the facility plus not less than ninety percent of the funds estimated in the financial feasibility study required by Section 37-11-30 to be necessary to fund cash shortages during start-up and assure full performance of the obligations of the operator pursuant to continuing care retirement community contracts. (D) A reservation deposit may be released only as follows: (1) When a prospective resident who has entered into a reservation agreement and paid a reservation deposit later enters into a continuing care contract with the continuing care retirement community, the reservation agreement terminates and the reservation deposit shall be credited in full towards the entrance fee. Thereafter, the funds shall remain in escrow until the requirements of subsection (C) or (E)(3) are met. (2) Reservation deposits may be refunded to the prospective resident at any time. The operator must provide the form to be used to request disbursement of funds from the trust institution to the prospective resident. The form must list the total disbursement amount and must certify that the prospective resident has sent written notice to the provider requesting a refund and that either: (a) the prospective resident has rescinded his reservation agreement; or (b) the reservation agreement has been terminated by the prospective resident or operator in accordance with its stated terms. (E)(1) Upon receipt by the escrow agent of a request by the operator for the release of the escrow funds, the escrow agent shall approve release of the funds within five working days unless the escrow agent finds that the requirements of subsection (B) have not been met and notifies the operator of the basis for this finding. The request for release of the escrow funds must be accompanied by documentation the trust institution requires. (2) If the operator fails to meet the requirements for release of funds held in this escrow account within a time period the escrow agent considers reasonable, the funds must be returned by the escrow agent to the persons who have made payment to the operator. The escrow agent shall notify the operator of the length of this time period when the operator requests release of the funds. (3) An entrance fee held in escrow may be returned by the escrow agent to the person who made payment to the operator at any time upon receipt by the escrow agent of notice from the operator that this person is entitled to a refund of the entrance fee. (4) The escrow agent shall be entitled to rely upon the written notices, instructions, and directions of the operator and shall have no liability for any action taken based upon such reliance. However, the escrow agent shall be liable for its own negligence or wilful misconduct. Effect of Amendment 2022 Act No. 197, SECTION 6, rewrote the section.
S.C. Code Ann. § 37-4-102 — SC Code / Title 37 / Chapter 4 / Section 37-4-102
SECTION 37-4-102. Scope.
Status: in_force

(1) Except as provided in subsection (2), this chapter applies to insurance provided or to be provided in relation to a consumer credit sale (Section 37-2-104), a consumer lease (Section 37-2-106), or a consumer loan (Section 37-3-104). (2) The provision on cancellation by a creditor (Section 37-4-304) applies to loans the primary purpose of which is the financing of insurance. No other provision of this chapter applies to insurance so financed or to restricted loans.
S.C. Code Ann. § 37-5-205 — SC Code / Title 37 / Chapter 5 / Section 37-5-205
SECTION 37-5-205. Refunds and penalties as setoff to obligation.
Status: in_force

Refunds or penalties to which the debtor is entitled pursuant to this part may be set off against the debtor's obligation, and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this subdivision. Part 3 Criminal Penalties
S.C. Code Ann. § 37-4-107 — SC Code / Title 37 / Chapter 4 / Section 37-4-107
SECTION 37-4-107. Maximum charge by creditor for insurance.
Status: in_force

(1) Except as provided in subsection (2), if a creditor contracts for or receives a separate charge for insurance, the amount charged to the debtor 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. (2) A creditor who provides consumer credit insurance in relation to a revolving charge account (Section 37-2-108) or revolving loan account (Section 37-3-108) may calculate the charge to the debtor in each billing cycle by applying the current premium rate to (a) the average daily unpaid balance of the debt in the cycle; (b) the unpaid balance of the debt or a median amount within a specified range of unpaid balances of debt on approximately the same day of the cycle. The day of the cycle need not be the day used in calculating the credit service charge (Section 37-2-207) or loan finance charge (Section 37-3-201, Section 37-3-508 and Section 37-3-515), but the specified range shall be the range used for that purpose; or (c) the unpaid balances of principal calculated according to the actuarial method.
S.C. Code Ann. § 37-1-203 — SC Code / Title 37 / Chapter 1 / Section 37-1-203
SECTION 37-1-203. Jurisdiction and service of process.
Status: in_force

(1) Subject to constitutional and statutory jurisdictional limitations, the courts of this State may exercise jurisdiction over any person with respect to any conduct in this State governed by this title or with respect to any claim arising from a transaction subject to this title. In addition to any other method provided by statute, personal jurisdiction may be acquired in a civil action or proceeding instituted in a court by the service of process in the manner provided by this section. (2) If a person is not a resident of this State or is a corporation not authorized to do business in this State and engages in any conduct in this State governed by this title, or engages in a transaction subject to this title, he may designate an agent upon whom service of process may be made in this State. The agent shall be a resident of this State or a corporation authorized to do business in this State. The designation shall be in writing and filed with the Secretary of State. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows. Effect of Amendment 2016 Act No. 244, SECTION 2, in (1) and (2), substituted "person" for "creditor", and in (1), deleted "over a creditor" following "personal jurisdiction". Part 3 Definitions
S.C. Code Ann. § 37-5-106 — SC Code / Title 37 / Chapter 5 / Section 37-5-106
SECTION 37-5-106. No discharge from employment for garnishment.
Status: in_force

No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a consumer credit sale, consumer lease, consumer loan, or a consumer rental-purchase agreement.
S.C. Code Ann. § 37-3-204 — SC Code / Title 37 / Chapter 3 / Section 37-3-204
SECTION 37-3-204. Deferral charges.
Status: in_force

(1) In this section and in the provisions on rebate upon prepayment (Section 37-3-210) the following defined terms apply with respect to a precomputed consumer loan: (a) "Computational period" means (i) the interval between scheduled due dates of installments under the transaction if the intervals are substantially equal or, (ii) if the intervals are not substantially equal, one month if the smallest interval between the scheduled due dates of installments under the transaction is one month or more, and, otherwise, one week. (b) "Deferral" means a postponement of the scheduled due date of an installment as originally scheduled or as previously deferred. (c) "Deferral period" means a period in which no installment is scheduled to be paid by reason of a deferral. (d) The "interval" between specified dates means the interval between them including one or the other but not both of them; if the interval between the date of a transaction and the due date of the first scheduled installment does not exceed one month by more than 15 days when the computational period is one month, or does not exceed 11 days when the computational period is one week, the interval may be considered by the creditor as one computational period. (e) "Periodic balance" means the amount scheduled to be outstanding on the last day of a computational period before deducting the installment, if any, scheduled to be paid on that day. (f) "Standard deferral" means a deferral with respect to a transaction made as of the due date of an installment as scheduled before the deferral by which the due dates of that installment and all subsequent installments as scheduled before the deferral are deferred for a period equal to the deferral period. A standard deferral may be for one or more full computational periods or a portion of one computational period or a combination of any of these. (g) "Sum of the balances method," also known as the "Rule of 78," means a method employed with respect to a transaction to determine the portion of the loan finance charge attributable to a period of time before the scheduled due date of the final installment of the transaction. The amount so attributable is determined by multiplying the finance charge by a fraction the numerator of which is the sum of the periodic balances included within the period and the denominator of which is the sum of all periodic balances under the transaction. According to the sum of the balances method the portion of the finance charge attributable to a specified computational period is the difference between the portions of the finance charge attributable to the periods of time including and excluding, respectively, the computational period, both determined according to the sum of the balances method. (h) "Transaction" means a precomputed consumer loan unless the context otherwise requires. (2) Before or after default in payment of a scheduled installment of a transaction, the parties to the transaction may agree in writing to a deferral of all or part of one or more unpaid installments and the creditor may make at the time of deferral and receive at that time or at any time thereafter a deferral charge not exceeding that provided in this section. (3) A standard deferral may be made with respect to a transaction as of the due date, as originally scheduled or as deferred pursuant to a standard deferral, of an installment with respect to which no delinquency charge (Section 37-3-203) has been made or, if made, is deducted from the deferral charge computed according to this subsection. The deferral charge for a standard deferral may equal but not exceed the portion of the loan finance charge attributable to the computational period immediately preceding the due date of the earliest maturing installment deferred as determined according to the sum of the balances method multiplied by the whole or fractional number of computational periods in the deferral period, counting each day as 1⁄30 th of a month without regard to differences in lengths of months when the computational period is one month or as 1⁄7 th of a week when the computational period is one week. A deferral charge computed according to this subsection is earned pro rata during the deferral period and is fully earned on the last day of the deferral period. (4) With respect to a transaction as to which a creditor elects not to make and does not make a standard deferral or a deferral charge for a standard deferral, a deferral charge computed according to this subsection may be made as of the due date, as scheduled originally or as deferred pursuant to either subsection (3) or this subsection, of an installment with respect to which no delinquency charge (Section 37-3-203) has been made or, if made, is deducted from the deferral charge computed according to this subsection. A deferral charge pursuant to this subsection may equal but not exceed the rate of loan finance charge required to be disclosed to the debtor pursuant to law applied to each amount deferred for the period for which it is deferred computed without regard to differences in lengths of months, but proportionately for a part of a month, counting each day as 1⁄30 th of a month or as 1⁄7 th of a week. A deferral charge computed according to this subsection is earned pro rata with respect to each amount deferred during the period for which it is deferred. (5) In addition to the deferral charge permitted by this section, a creditor may make and receive appropriate additional charges (Section 37-3-202), and any amount of these charges which is not paid may be added to the deferral charge computed according to subsection (3) or to the amount deferred for the purpose of computing the deferral charge computed according to subsection (4). (6) The parties may agree in writing at the time of a transaction that, if an installment is not paid within ten days after its due date, the creditor may unilaterally grant a deferral and make charges as provided in this section. A deferral charge may not be made for a period after the date that the creditor elects to accelerate the maturity of the transaction.
S.C. Code Ann. § 37-6-116 — SC Code / Title 37 / Chapter 6 / Section 37-6-116
SECTION 37-6-116. Venue.
Status: in_force

The administrator may bring actions or proceedings in a court in a county in which an act on which the action or proceeding is based occurred or in a county in which respondent resides or transacts business.
S.C. Code Ann. § 37-6-101 — SC Code / Title 37 / Chapter 6 / Section 37-6-101
SECTION 37-6-101. Short title.
Status: in_force

This chapter shall be known and may be cited as South Carolina Consumer Protection Code - Administration.
S.C. Code Ann. § 37-2-710 — SC Code / Title 37 / Chapter 2 / Section 37-2-710
SECTION 37-2-710. Assignment of earnings.
Status: in_force

A lessor may not take an assignment of earnings of the buyer or lessee for payment or as security for payment of a debt arising out of a consumer rental-purchase agreement. An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings and revocable by the buyer or lessee. This section does not prohibit an employee from authorizing deductions from his earnings if the authorization is revocable.
S.C. Code Ann. § 37-17-50 — SC Code / Title 37 / Chapter 17 / Section 37-17-50
SECTION 37-17-50. Representative or marketer status.
Status: in_force

(A) An individual may not act as a representative of a discount medical plan organization without the discount medical plan organization having registered with the department in accordance with Section 37-17-40(A). A marketer may not act on behalf of a discount medical plan organization without a discount medical plan organization having registered with the department. Registration as a representative or marketer must be made to the department in writing or electronically through a list provided by the discount medical plan organization in accordance with Section 37-17-40(C). (B) The discount medical plan organization shall furnish information concerning the representative's identity and business address. Filings are good for one year and run from February first until January thirty-first. The annual renewal period begins January first and ends January thirty-first. (C) Representative or marketer status may be denied or revoked if the department has multiple founded complaints against the representative or marketer following the department's investigation or if the department has unanswered or unresolved complaints against the representative or marketer. Violations of Title 37 within ten years may serve as grounds for denial or revocation of registration status.
S.C. Code Ann. § 37-2-304 — SC Code / Title 37 / Chapter 2 / Section 37-2-304
SECTION 37-2-304. Advertising.
Status: in_force

(1) A seller or lessor may not advertise, print, display, publish, distribute, broadcast, or cause to be advertised, printed, displayed, published, distributed, or broadcast in any manner any statement or representation with regard to the rates, terms, or conditions of credit with respect to a consumer credit sale that is false, misleading, or deceptive. (2) Advertising that complies with the Federal Truth in Lending Act does not violate this section. (3) This section does not apply to the owner or personnel, as such, of any medium in which an advertisement appears or through which it is disseminated.
S.C. Code Ann. § 37-20-140 — SC Code / Title 37 / Chapter 20 / Section 37-20-140
SECTION 37-20-140. Reflection of innocence of identity theft victim of crime committed using name in court records of person convicted of committing identity theft; petition for expedited judicial determination of factual innocence.
Status: in_force

(A) If a person is convicted of unlawfully obtaining the personal identifying information of another person without the other person's authorization and using that information to commit a crime, the court records must reflect that the person whose identity was falsely used to commit the crime did not commit the crime. (B) A person who reasonably believes that he is the victim of identity theft may petition the circuit court or have the County Office of Victims' Assistance petition the circuit court on his behalf, for an expedited judicial determination of his factual innocence, if the identity thief was arrested for and convicted of a crime under the victim's identity, or if the victim's identity has been mistakenly associated with a record of criminal conviction. A judicial determination of factual innocence made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties. If the court determines that the petition is meritorious and that there is no reasonable cause to believe that the petitioner committed the offense for which the identity thief was arrested and convicted, the court shall find the petitioner factually innocent of that offense and issue an order certifying the determination and ordering the expunction of the erroneous conviction. (C) A court may at any time vacate the determination of factual innocence if information submitted in support of the petition is found to contain material misrepresentation or fraud.
S.C. Code Ann. § 37-11-137 — SC Code / Title 37 / Chapter 11 / Section 37-11-137
SECTION 37-11-137. Retention and use of funds.
Status: in_force

All funds collected by the department pursuant to this chapter must be retained and used to implement the provisions of this chapter.
S.C. Code Ann. § 37-7-116 — SC Code / Title 37 / Chapter 7 / Section 37-7-116
SECTION 37-7-116. Prohibited acts.
Status: in_force

(A) A licensee may not: (1) obtain an agreement from a consumer waiving a right the consumer has pursuant to this chapter; (2) charge a fee to a consumer if the consumer enters into a debt management plan with the licensee to rescind a DMP contract; (3) advertise in a statement or representation with regard to the rates, terms, or conditions of credit counseling service in a manner that is false, misleading, or deceptive; (4) require as a part of the agreement between the licensee and consumer the purchase of stock, insurance, commodity, service, or other property or interest in them; (5) directly or indirectly accept payment or other consideration from a person for referring applicants to that organization; (6) offer to pay or give any cash, fee, gift, bonus, premiums, reward, or other compensation to a person for referring a prospective customer to the licensee; (7) unreasonably disclose information to third parties regarding the amounts owed by a consumer; (8) make a fraudulent, deceptive, or misleading representation to obtain information about a consumer, to solicit business with a consumer, or otherwise in connection with providing services for or on behalf of any consumer; (9) use unconscionable means to obtain a contract with a consumer or collect or attempt to collect a debt owed to the seller; (10) engage in any unfair or deceptive act or practice in connection with a credit counseling service provided to a consumer, offering or establishing a term or condition in a contract with a consumer for providing the service, or any advertisement, or solicitation relating to the service; (11) collect a payment from a consumer before the payment being earned as specifically defined in the contract between the licensee and the consumer; (12) operate another business at the licensed location without authorization from the department; (13) execute a contract or agreement to be signed by the consumer unless the contract or agreement is fully and completely filled in and finished; (14) make loans to debtors; (15) issue credit cards or act as an agent in procuring customers for a credit card company or a financial institution; (16) purchase any debt or obligation of a consumer; (17) receive or charge a fee in the form of a promissory note or other negotiable instrument other than check or a draft; (18) represent that it is authorized or competent to furnish legal advice or perform legal services unless supervised by an attorney as required by South Carolina law; or (19) compensate its employees on the basis of a formula that incorporates the number of consumers the employee signs to a debt management plan. (B) A violation of this section renders an agreement between the licensee and the consumer void.
S.C. Code Ann. § 37-4-111 — SC Code / Title 37 / Chapter 4 / Section 37-4-111
SECTION 37-4-111. Cooperation between administrator and the Director of the Department of Insurance.
Status: in_force

The administrator and the Director of the Department of Insurance are authorized and directed to consult and assist one another in maintaining compliance with this chapter. They may jointly pursue investigations, prosecute suits, and take other official action, as may seem to them appropriate, if either of them is otherwise empowered to take the action. If the administrator is informed of a violation or suspected violation by an insurer of this chapter, or of the insurance laws, rules, and regulations of this State, he shall advise the Director of the Department of Insurance of the circumstances.
S.C. Code Ann. § 37-6-102 — SC Code / Title 37 / Chapter 6 / Section 37-6-102
SECTION 37-6-102. Applicability.
Status: in_force

This part applies to persons in this State who: (1) make or solicit consumer credit sales, consumer leases, consumer loans, and consumer rental-purchase agreements; (2) directly collect payments from or enforce rights against debtors arising from sales, leases, loans, or agreements specified in item (1), wherever they are made; or (3) are subject to this title or action by the administrator. Effect of Amendment 2016 Act No. 244, SECTION 8, in the introductory sentence, deleted "who" following "persons"; and added (3), relating to the administrator.
S.C. Code Ann. § 37-5-114 — SC Code / Title 37 / Chapter 5 / Section 37-5-114
SECTION 37-5-114. Complaint; proof; entry of default judgment.
Status: in_force

(1) In an action brought by a creditor against a consumer arising from a consumer credit transaction, the complaint shall allege the facts of the consumer's default, the amount to which the creditor is entitled, an indication of how that amount was determined, and either that the notice to cure required by Sections 37-5-110 and 37-5-111 has been given or is not required. (2) A default judgment may not be entered in the action in favor of the creditor unless the complaint is verified by the creditor or sworn testimony, by affidavit or otherwise, is adduced showing that the creditor is entitled to the relief demanded.
S.C. Code Ann. § 37-25-20 — SC Code / Title 37 / Chapter 25 / Section 37-25-20
SECTION 37-25-20. Prescription required.
Status: in_force

It is unlawful for a person to dispense an ophthalmic contact lens or lenses without first having obtained a valid, unexpired contact lens prescription from a licensed optometrist or ophthalmologist.
S.C. Code Ann. § 37-23-10 — SC Code / Title 37 / Chapter 23 / Article 1 / Section 37-23-10
SECTION 37-23-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina High-Cost and Consumer Home Loans Act".
S.C. Code Ann. § 37-21-60 — SC Code / Title 37 / Chapter 21 / Section 37-21-60
SECTION 37-21-60. Prerecorded identifications and opt-out messages.
Status: in_force

When a live telephone solicitor is not available to speak with the consumer answering a telephone solicitation call within two seconds of the completed greeting, the telephone solicitor shall: (1) play a prerecorded identification and opt-out message that is limited to disclosing that the call was for telephone solicitation purposes and states the name and telephone number of the person on whose behalf the telephone solicitation call is being made, and a telephone number for such person that permits the consumer to make a do-not-call request during regular business hours; provided that, such telephone number may not be a 900 number or any other number for which charges exceed local or long distance transmission charges; and (2) an automated, interactive voice- and/or key press-activated opt-out mechanism that enables the consumer to make a do-not-call request prior to terminating the call, including brief explanatory instructions on how to use such mechanism. When the consumer elects to opt-out using such mechanism, the mechanism must automatically record the consumer's number to the telephone solicitor's in-house do-not-call list and immediately terminate the call.
S.C. Code Ann. § 37-2-204 — SC Code / Title 37 / Chapter 2 / Section 37-2-204
SECTION 37-2-204. Deferral charges.
Status: in_force

(1) In this section and in the provisions on rebate upon prepayment (Section 37-2-210) the following defined terms apply with respect to a precomputed consumer credit sale: (a) "Computational period" means (i) the interval between scheduled due dates of installments under the transaction if the intervals are substantially equal or, (ii) if the intervals are not substantially equal, one month if the smallest interval between the scheduled due dates of installments under the transaction is one month or more, and, otherwise, one week. (b) "Deferral" means a postponement of the scheduled due date of an installment as originally scheduled or as previously deferred. (c) "Deferral period" means a period in which no installment is scheduled to be paid by reason of a deferral. (d) The "interval" between specified dates means the interval between them including one or the other but not both of them; if the interval between the date of a transaction and the due date of the first scheduled installment does not exceed one month by more than 15 days when the computational period is one month, or does not exceed 11 days when the computational period is one week, the interval may be considered by the creditor as one computational period. (e) "Periodic balance" means the amount scheduled to be outstanding on the last day of a computational period before deducting the installment, if any, scheduled to be paid on that day. (f) "Standard deferral" means a deferral with respect to a transaction made as of the due date of an installment as scheduled before the deferral by which the due dates of that installment and all subsequent installments as scheduled before the deferral are deferred for a period equal to the deferral period. A standard deferral may be for one or more full computational periods or a portion of one computational period or a combination of any of these. (g) "Sum of the balances method", also known as the "Rule of 78," means a method employed with respect to a transaction to determine the portion of the credit service charge attributable to a period of time before the scheduled due date of the final installment of the transaction. The amount so attributable is determined by multiplying the credit service charge by a fraction the numerator of which is the sum of the periodic balances included within the period and the denominator of which is the sum of all periodic balances under the transaction. According to the sum of the balances method the portion of the service charge attributable to a specified computational period is the difference between the portions of the service charge attributable to the periods of time including and excluding, respectively, the computational period, both determined according to the sum of the balances method. (h) "Transaction" means a precomputed consumer credit sale unless the context otherwise requires. (2) Before or after default in payment of a scheduled installment of a transaction, the parties to the transaction may agree in writing to a deferral of all or part of one or more unpaid installments and the creditor may make at the time of deferral and receive at that time or at any time thereafter a deferral charge not exceeding that provided in this section. (3) A standard deferral may be made with respect to a transaction as of the due date, as originally scheduled or as deferred pursuant to a standard deferral, of an installment with respect to which no delinquency charge (Section 37-2-203) has been made or, if made, is deducted from the deferral charge computed according to this subsection. The deferral charge for a standard deferral may equal but not exceed the portion of the credit service charge attributable to the computational period immediately preceding the due date of the earliest maturing installment deferred as determined according to the sum of the balances method multiplied by the whole or fractional number of computational periods in the deferral period, counting each day as 1⁄30 th of a month without regard to differences in lengths of months when the computational period is one month or as 1⁄7 th of a week when the computational period is one week. A deferral charge computed according to this subsection is earned pro rata during the deferral period and is fully earned on the last day of the deferral period. (4) With respect to a transaction as to which a creditor elects not to make and does not make a standard deferral or a deferral charge for a standard deferral, a deferral charge computed according to this subsection may be made as of the due date, as scheduled originally or as deferred pursuant to either subsection (3) or this subsection, of an installment with respect to which no delinquency charge (Section 37-2-203) has been made or, if made, is deducted from the deferral charge computed according to this subsection. A deferral charge pursuant to this subsection may equal but not exceed the rate of credit service charge required to be disclosed to the consumer pursuant to law applied to each amount deferred for the period for which it is deferred computed without regard to differences in lengths of months, but proportionately for a part of a month, counting each day as 1⁄30 th of a month or as 1⁄7 th of a week. A deferral charge computed according to this subsection is earned pro rata with respect to each amount deferred during the period for which it is deferred. (5) In addition to the deferral charge permitted by this section, a creditor may make and receive appropriate additional charges (Section 37-2-202), and any amount of these charges which is not paid may be added to the deferral charge computed according to subsection (3) or to the amount deferred for the purpose of computing the deferral charge computed according to subsection (4). (6) The parties may agree in writing at the time of a transaction that, if an installment is not paid within ten days after its due date, the creditor may unilaterally grant a deferral and make charges as provided in this section. A deferral charge may not be made for a period after the date that the creditor elects to accelerate the maturity of the transaction.
S.C. Code Ann. § 37-6-408 — SC Code / Title 37 / Chapter 6 / Section 37-6-408
SECTION 37-6-408. Declaratory judgment on validity or applicability of rules.
Status: in_force

The validity or applicability of a rule may be determined in an action for declaratory judgment in the court of common pleas for Richland County if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The administrator shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the administrator to pass upon the validity or applicability of the rule in question.
S.C. Code Ann. § 37-3-502 — SC Code / Title 37 / Chapter 3 / Section 37-3-502
SECTION 37-3-502. Authority to make supervised loans.
Status: in_force

Unless a person is a supervised financial organization or has first obtained a license from the State Board of Financial Institutions authorizing him to make supervised loans, he shall not engage in the business of (1) making supervised loans; or (2) taking assignments of and undertaking direct collection of payments from or enforcement of rights against debtors arising from supervised loans.
S.C. Code Ann. § 37-3-408 — SC Code / Title 37 / Chapter 3 / Section 37-3-408
SECTION 37-3-408. Change in terms of revolving loan accounts.
Status: in_force

(1) Whether or not a change is authorized by prior agreement, a creditor may change the terms of a revolving loan account applying to any balance incurred before or after the effective date of the change. If the change increases the rate of the loan finance charge or of additional charges, alters the method of determining the balance upon which charges are made so that increased charges may result, or imposes or increases minimum charges, the change is effective with respect to a balance incurred before the effective date of the change only if the debtor after receiving disclosure of the change agrees to it in writing or the creditor delivers or mails to the debtor one written disclosure of the change at least thirty days before the effective date. The written disclosure must state that if the consumer does not want to continue the revolving account under the new terms the creditor will terminate the account and permit the consumer to pay the existing balance under the terms in effect before the change in terms on the written request of the consumer sent to the creditor at the address provided in the disclosure. The disclosure also must state that the consumer may apply for another revolving account on the new terms. (2) A disclosure provided for in subsection (1) is mailed to the debtor when mailed to him at his address used by the creditor for mailing him periodic billing statements. (3) If a creditor attempts to change the terms of a revolving loan account as provided in subsection (1) without complying with this section, any additional cost or charge to the debtor resulting from the change is an excess charge and is subject to the remedies available to the debtor (Section 37-5-202) and to the administrator (Section 37-6-113).
S.C. Code Ann. § 37-11-35 — SC Code / Title 37 / Chapter 11 / Section 37-11-35
SECTION 37-11-35. Continuing care retirement community contracts and agreements.
Status: reserved

(A) A continuing care contract and a reservation agreement must be in writing and must meet minimum standards for readability established by the department. Standards must include, but are not limited to, standards on general organization of text, text readability, type size, type style, type spacing, and general appearance of the contract. The contracts and agreements shall, at a minimum, be: (1) printed in one hundred percent black ink with the exception of the operator's name and business logo; (2) printed on stock that is at least eleven inches high and seven and one quarter inches wide; (3) in print no smaller than ten-point type; and (4) written in language customarily used and understood by people in the conduct of their personal affairs. (B)(1) A reservation agreement must be entered into prior to the receipt of a reservation deposit and shall, at a minimum, include: (a) the location, name, and address of the facility or proposed facility; (b) information pursuant to Section 37-11-30(B)(5)-(7); (c) the amount of money received and any rate of interest anticipated to be collected; (d) a statement that the full reservation deposit and any corresponding interest accrued will be applied to the entrance fee at the time of executing the continuing care contract; (e) a statement that the prospective resident has a right to cancel the agreement at any time for a full refund; (f) the method of cancelling, the address where the prospective resident should submit the request to cancel and timeline for distribution of funds, not to exceed ten calendar days; (g) a statement that the reservation deposit will be held in an escrow account at a trust institution; (h) the name and contact information for the trust institution where the reservation deposit will be held; (i) a description of the living unit reserved; (j) a statement of the continuing care services currently offered by the operator at the time of signing the agreement and the continuing care services proposed to be offered in the future; and (k) a proposed construction schedule, if applicable, and expected date when the reserved living unit will be available for occupancy. (2) An operator may not receive or agree to a reservation deposit in excess of ten percent of the entrance fee for the prospective resident's reserved living unit. (3) Every quarter the operator shall provide to the department and prospective residents who entered into a reservation agreement an update on the progress of facility development and expected date when the facility or reserved unit will be available for occupancy. If any major events occur that will delay the schedule by more than four weeks, the operator shall provide an update to the department and all prospective residents who entered into a reservation agreement no later than ten business days after the operator knew or should have known about the delay. (C)(1) A continuing care contract clearly must state what portion, if any, of the entrance fee is refundable and nonrefundable. A contract must include a statement that: (a) the resident has a right to cancel the contract within thirty days after signing; and (b) if a resident dies before occupying a living unit in the facility or, if on account of illness, injury, or incapacity, a resident would be precluded from occupying a living unit in the facility under the terms of the contract for continuing care, the contract is automatically canceled. (2) If the contract is canceled within thirty days, all money or property paid or transferred by the resident must be refunded fully, less those costs incurred by the community. If the living unit was available for occupancy, the community may charge a daily rate based on the usual monthly charge for that unit beginning on the eighth day after signing and ending on the day notice of cancellation is given to the community. Effect of Amendment 2022 Act No. 197, SECTION 3, rewrote the section.
S.C. Code Ann. § 37-4-202 — SC Code / Title 37 / Chapter 4 / Section 37-4-202
SECTION 37-4-202. Amount of insurance.
Status: in_force

(1) Except as provided in subsection (2), (a) In the case of consumer credit insurance providing life coverage, the amount of insurance may not initially exceed the debt and, if the debt is payable in installments, may not at any time exceed the greater of the scheduled or actual amount of the debt. For purposes of credit coverage, the "approximate amount of the debt" is defined as follows: (1) the periodic installment payment multiplied by the number of scheduled periodic installment payments for a loan with a term of sixty months or less; (2) the amount necessary to liquidate the remaining debt in a single lump sum payment, excluding all unearned interest and other unearned finance charges, plus six monthly installment payments for a loan with a term in excess of sixty months. In the case of a consumer lease contract, the residual value of the consumer credit lease may be included in the debt; however, the lessor shall not require the lessee to buy insurance covering the residual value of the leased item; or (b) In the case of any other consumer credit insurance, the total amount of periodic benefits payable may not exceed the total of scheduled unpaid installments of the debts, and the amount of any periodic benefit may not exceed the original amount of debt divided by the number of periodic installments in which it is payable. (2) If consumer credit insurance is provided in connection with a revolving charge account or revolving loan account the amounts payable as insurance benefits may be reasonably commensurate with the amount of debt as it exists from time to time. If consumer credit insurance is provided in connection with a commitment to grant credit in the future, the amounts payable as insurance benefits may be reasonably commensurate with the total from time to time of the amount of debt and the amount of the commitment.
S.C. Code Ann. § 37-1-310 — SC Code / Title 37 / Chapter 1 / Section 37-1-310
SECTION 37-1-310. Child online safety.
Status: in_force

(A) As used in this section: (1) "Child pornography" means any material depicting a person under the age of eighteen years doing or assisting in doing an act or thing constituting an offense pursuant to Chapter 15, Title 16 and involving any material, act, or thing that is obscene within the meaning of Section 16-15-305. (2) "Child sexual exploitation" is defined as the term is used in Sections 16-15-395, 16-15-405, and 16-15-410. (3) "Commercial entity" includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities. (4) "Digitized identification card" means a data file available on any mobile device which has connectivity to the Internet through a state-approved application that allows the mobile device to download the data file from a state agency or an authorized agent of a state agency that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card. (5) "Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate by any means. (6) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks. (7) "Material harmful to minors" is defined as those terms are used in Section 16-15-375. (8) "Obscene material" is defined as the term is used in Section 16-15-305. (9) "Minor" is defined as the term is used in Section 16-15-375. (10) "News-gathering organization" means any of the following: (a) an employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subsection, who can provide documentation of such employment with the newspaper, news publication, or news source; or (b) an employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subsection, who can provide documentation of such employment. (11) "Publish" means to communicate or make information available to another person or entity on a publicly available Internet website. (12) "Reasonable age verification methods" means verifying that the person seeking to access the material is eighteen years old or older by using any of the following methods: (a) use of a digitized identification card as defined in this subsection; (b) verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification; or (c) any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material. (13) "Substantial portion" means more than thirty-three and one-third percent of total material on a website, which meets the definition of "material harmful to minors" as defined in this section. (14)(a) "Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. (b) "Transactional data" includes records from mortgage, education, and employment entities. (B)(1) Any commercial entity that knowingly and intentionally publishes or distributes obscene material, or material that depicts, describes, or promotes child pornography or child sexual exploitation, on the Internet may be held liable to an individual for nominal damages, actual damages, court costs, and reasonable attorney fees as ordered by the court. (2) A commercial entity that has violated this section in a manner that satisfies the standards for imposition of punitive damages elsewhere provided by law may be held liable to an individual for punitive damages. (3) Individual claims that satisfy the generally applicable standards for joinder or class action elsewhere provided by law or rules of court, as applicable, may combine their claims in a single action. (C)(1) Beginning January 1, 2025, a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material must be held liable if the entity fails to perform reasonable age verification methods to verify the age of an individual attempting to access the material. (2) A commercial entity that is found to have violated this section is liable to the minor, by and through the minor's parent or legal guardian, for damages resulting from a minor's accessing the material, including liability for nominal damages, actual damages, court costs, and reasonable attorney fees as ordered by the court. (3) A commercial entity that has violated this section in a manner that satisfies the standards for imposition of punitive damages elsewhere provided by law may be held liable to the minor, by and through the minor's parent or legal guardian, for punitive damages. (4) Individual claims that satisfy the generally applicable standards for joinder or class action elsewhere provided by law or rules of court, as applicable, may combine their claims in a single action. (5) A commercial entity may not be held liable under this section for allowing access to its website if the entity uses reasonable age verification methods to verify that the individual attempting to access the material from its website is not a minor. (6) A commercial entity or third party that uses reasonable age verification methods may not retain any identifying information of the individual after access has been granted to the material. (7) A commercial entity that is found to have knowingly retained identifying information of the individual after access has been granted to the individual is liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court. (8) This section does not apply to any bona fide news or public interest broadcast, website video, report, or event and may not be construed to affect the rights of a news-gathering organization, unless the organization's website contains a substantial portion of material harmful to minors. (9) An Internet service provider, affiliate or subsidiary of an Internet service provider, search engine, or cloud service provider may not be held to have violated the provisions of this section solely for providing access or connection to or from a website or other information or content on the Internet, or a facility, system, or network not under that provider's control, including transmission, downloading, storing, or providing access, to the extent that such provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors. (D) The Attorney General may seek injunctive and other equitable relief against a commercial entity that fails to comply with the provisions of this section.
S.C. Code Ann. § 37-3-405 — SC Code / Title 37 / Chapter 3 / Section 37-3-405
SECTION 37-3-405. Charges as a result of default prohibited except as authorized by title.
Status: in_force

Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a consumer loan may not provide for charges as a result of default by the debtor other than those authorized by this title. A provision in violation of this section is unenforceable. This section does not prohibit or limit delinquency or deferral charges.
S.C. Code Ann. § 37-4-105 — SC Code / Title 37 / Chapter 4 / Section 37-4-105
SECTION 37-4-105. Conditions applying to insurance to be provided by creditor.
Status: in_force

(A) If a creditor agrees with a debtor to provide insurance, the insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor at the time of the transaction where the debtor is present at the creditor's place of business. If the debtor is not present at the creditor's place of business at the time of the transaction, the individual policy or certificate of insurance must be sent to him at his address as stated by him, within thirty days after the term of the insurance commences under the agreement between the creditor and debtor or the creditor shall promptly notify the debtor of any failure or delay in providing the insurance. (B) Each policy or certificate of credit life insurance or credit accident and sickness insurance shall set forth the following on the first page of the policy or attached thereto in a manner that is clear and conspicuous and achieves a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test: (1) the name, address, and telephone number of the insurer and the process to be followed in submitting a claim; (2) the name or names of the debtor, or in the case of a certificate, the identity by name or otherwise of the debtor; (3) the age or date of birth of the debtor; (4) the premium or amount payable by the debtor separately for credit life insurance and credit accident and sickness insurance; (5) a description of the coverage including the amount and term of the coverage, and any exceptions, limitations, or restrictions; (6) a statement that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness; (7) a statement that, if the amount of insurance exceeds the amount necessary to discharge the indebtedness, any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his estate; (8) a conspicuous statement that the insured debtor shall have the right to cancel the insurance policy or group certificate and have all the premiums paid by or charged to the insured debtor refunded or credited, upon giving written notice to the insurer within thirty days from the date the insured debtor received the policy or certificate; and (9) a conspicuous statement which reads as follows: "For specific information about credit insurance issued in conjunction with your loan, contact your creditor or your insurance company. For general information about credit insurance or complaints regarding your credit insurance, please contact the South Carolina Department of Insurance at [current toll-free number]". (C) If a credit life or a credit accident and sickness insurance policy or certificate provides truncated or critical period coverage or any other type of similar coverage that does not provide benefits or coverage for the entire term or amount of the indebtedness, the credit life or credit accident and sickness insurance policy or certificate shall include a statement printed on the face of the policy or first page of the certificate which clearly describes the limited nature of the insurance. (D) The provisions of subsections (B) and (C) do not apply to insurance for which no identifiable charge is made to the consumer.
S.C. Code Ann. § 37-3-208 — SC Code / Title 37 / Chapter 3 / Section 37-3-208
SECTION 37-3-208. Advance to perform covenants of debtor.
Status: in_force

(1) If the agreement with respect to a consumer loan, refinancing, or consolidation contains covenants by the debtor to perform certain duties pertaining to insuring or preserving collateral and if the lender pursuant to the agreement pays for performance of the duties on behalf of the debtor, the lender may add the amounts paid to the debt. Within a reasonable time after advancing any sums, he shall state to the debtor 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 debtor performed by the lender pertain to insurance, a brief description of the insurance paid for by the lender including the type and amount of coverages. No further information need be given. (2) A loan finance charge may be made for sums advanced pursuant to subsection (1) at a rate not exceeding the rate stated to the debtor pursuant to the provisions on disclosure (Part 3) with respect to the loan, refinancing, or consolidation, except that with respect to a revolving loan account the amount of the advance may be added to the unpaid balance of the debt and the lender may make a loan finance charge not exceeding that permitted by the provisions on loan finance charge for consumer loans (Section 37-3-201) or for supervised loans (Section 37-3-508), whichever is appropriate.
S.C. Code Ann. § 37-11-140 — SC Code / Title 37 / Chapter 11 / Section 37-11-140
SECTION 37-11-140. Effective date of chapter; exceptions.
Status: in_force

(A) The provisions of Section 37-11-35 do not apply to a continuing care contract entered into before the effective date of this chapter. (B) The provisions of subsection (A) do not limit the department's authority to deny, suspend, or revoke a license or assess a monetary penalty if it finds fraud or gross financial mismanagement.
S.C. Code Ann. § 37-2-205 — SC Code / Title 37 / Chapter 2 / Section 37-2-205
SECTION 37-2-205. Credit service charge on refinancing.
Status: in_force

With respect to a consumer credit sale, refinancing, or consolidation, the seller may by agreement with the buyer refinance the unpaid balance and may contract for and receive a credit service charge based on the amount financed resulting from the refinancing at a rate not exceeding that permitted by the provisions on credit service charge for consumer credit sales (Section 37-2-201). For the purpose of determining the credit service charge permitted, the amount financed resulting from the refinancing comprises the following: (1) If the transaction was not precomputed, the total of the unpaid balance and accrued charges on the date of refinancing, or, if the transaction was precomputed, the amount which the buyer would have been required to pay upon prepayment pursuant to the provisions on rebate upon prepayment (Section 37-2-210) on the date of refinancing, except that for the purpose of computing this amount, no minimum credit service charge [Section 37-2-201(6)] shall be allowed; and (2) Appropriate additional charges (Section 37-2-202), payment of which is deferred.
S.C. Code Ann. § 37-22-150 — SC Code / Title 37 / Chapter 22 / Section 37-22-150
SECTION 37-22-150. Expiration and renewal of licenses; fingerprint check; assignment or transfer of license.
Status: in_force

(A) All licenses issued by the commissioner pursuant to this chapter expire annually on the thirty-first day of December or on another date that the commissioner may determine. The license is invalid after that date unless renewed. The renewal period for all licensees is from November first through December thirty-first annually or on another date the commissioner may determine. A licensee desiring to renew its license must submit an application to the commissioner on forms and containing information the commissioner requires. Applications received after December thirty-first or another date the commissioner determines, are late and the late fees in subsection (B) apply. A license may be renewed by compliance with this section and by paying to the commissioner, in addition to the actual cost of obtaining credit reports and national fingerprint-based criminal history record checks as the commissioner may require, a renewal fee as prescribed by the board for each of the following: (1) for a licensed mortgage lender, an annual renewal fee of no more than eight hundred dollars and no more than one hundred fifty dollars for each branch office; and (2) for a licensed loan originator, an annual fee of no more than fifty dollars. (B) If a license of a licensed mortgage lender is not renewed during the renewal period, a late fee of not more than five hundred dollars as prescribed by the board, in addition to the renewal fee in subsection (A)(1), must be assessed. If a license of a licensed loan originator is not renewed during the renewal period, a late fee of not more than one hundred dollars as prescribed by the board, in addition to the renewal fee in subsection (A)(2), must be assessed as a late fee to a renewal. If a licensee fails to renew its license within thirty days after the date the license expires or otherwise fails to maintain a valid license, the commissioner shall require the licensee to comply with the requirements for the initial issuance of a license pursuant to this chapter, in addition to paying any fee that has accrued. (C) At any time required by the commissioner, each person described in Section 37-22-140 shall furnish to the commissioner consent to a national fingerprint-based criminal history record check and a set of fingerprints in a form acceptable to the commissioner. Refusal to consent to a criminal history record check may constitute grounds for the commissioner to deny renewal of the license of the person as well as the license of another person by which he is employed, over which he has control, or as to which he is the current or proposed managing principal or a current or proposed branch manager. (D) A license issued pursuant to this chapter is not assignable or transferable. Control of a licensee must not be acquired through a stock purchase or other device without the prior written consent of the commissioner. The commissioner may not give written consent if the commissioner finds that any of the grounds for denial, revocation, or suspension of a license pursuant to Section 37-22-200 are applicable to the acquiring person. Effect of Amendment 2017 Act No. 93, SECTION 3, in (A) and (C), deleted "and state" preceding "fingerprint-based criminal history record check".
S.C. Code Ann. § 37-2-506 — SC Code / Title 37 / Chapter 2 / Section 37-2-506
SECTION 37-2-506. Compliance with Federal Trade Commission Trade Regulation Rule.
Status: in_force

A seller may elect to comply with the Federal Trade Commission Trade Regulation Rule regarding door-to-door sales and such compliance shall constitute compliance with this part. Part 6 Sales Other Than Consumer Credit Sales
S.C. Code Ann. § 37-2-415 — SC Code / Title 37 / Chapter 2 / Section 37-2-415
SECTION 37-2-415. Authorization to confess judgment prohibited.
Status: in_force

A buyer or lessee may not authorize any person to confess judgment on a claim arising out of a consumer credit sale or consumer lease. An authorization in violation of this section is void.
S.C. Code Ann. § 37-4-302 — SC Code / Title 37 / Chapter 4 / Section 37-4-302
SECTION 37-4-302. Insurance on creditor's interest only.
Status: in_force

If a creditor contracts for or receives a separate charge for insurance against loss of or damage to property, the risk of loss or damage not wilfully caused by the debtor is on the debtor only to the extent of any deficiency in the effective coverage of the insurance, even though the insurance covers only the interest of the creditor.
S.C. Code Ann. § 37-2-407 — SC Code / Title 37 / Chapter 2 / Section 37-2-407
SECTION 37-2-407. Security in sales and leases.
Status: in_force

(1) With respect to a consumer credit sale, a seller may take a security interest in the property sold. In addition, a seller may take a security interest in goods upon which services are performed or in which goods sold are installed or to which they are annexed, or in land to which the goods are affixed or which is maintained, repaired or improved as a result of the sale of the goods or services, if in the case of a security interest in land the debt secured is $1,000 or more, or, in the case of a security interest in goods the debt secured is $300 or more. Except as provided with respect to cross-collateral (Section 37-2-408) a seller may not otherwise take a security interest in property to secure the debt arising from a consumer credit sale. (2) With respect to a consumer lease, a lessor may not take a security interest in property to secure the debt arising from the lease. This subsection does not apply to a security deposit for a consumer lease. (3) A security interest taken in violation of this section is void.
S.C. Code Ann. § 37-4-207 — SC Code / Title 37 / Chapter 4 / Section 37-4-207
SECTION 37-4-207. Misrepresentation of medical condition as basis for voiding insurance.
Status: in_force

A policy or certificate may not be declared void and the insurer may not avoid liability based upon a misrepresentation made by the insured, with respect to information provided regarding medical conditions or health history required in furnishing evidence of insurability, that is not causally related to the contingency or event by which the policy claim arises.
S.C. Code Ann. § 37-20-150 — SC Code / Title 37 / Chapter 20 / Section 37-20-150
SECTION 37-20-150. Records of individuals who have been victims of identity theft to be maintained by State Law Enforcement Division; submission of fingerprints and other required information by victims.
Status: in_force

(A) The State Law Enforcement Division shall establish and maintain appropriate records of individuals who have been the victims of identity theft. The records will be maintained in a computerized database at such time that funds are appropriated to the State Law Enforcement Division. Access to the records is limited to criminal justice agencies, except that a victim of identity theft, or his authorized representative, shall have access to the records in order to establish that he is a victim of identity theft. (B) A victim of identity theft must submit to the State Law Enforcement Division a copy of the police report, a full set of fingerprints, or other relevant information required by the State Law Enforcement Division for the inclusion in the records of identity theft victims. The State Law Enforcement Division shall verify the identity of the victim against a driver's license or other identification records maintained by the Department of Motor Vehicles or by other agencies.
S.C. Code Ann. § 37-3-210 — SC Code / Title 37 / Chapter 3 / Section 37-3-210
SECTION 37-3-210. Rebate upon prepayment.
Status: in_force

(1) Except as otherwise provided in this section, upon prepayment in full of a precomputed consumer loan entered into after September 28, 1976, the creditor shall rebate to the debtor an amount not less than the unearned portion of the loan finance charge computed according to this section. If the rebate otherwise required is less than $1.00, no rebate need be made. (2) Upon prepayment of a consumer loan, whether or not precomputed, except a consumer lease or one pursuant to a revolving loan account, the creditor may collect or retain a minimum charge not exceeding fifteen dollars, if the minimum charge was contracted for and the loan finance charge earned at the time of prepayment is less than the minimum charge contracted for. (3) In the following subsections these terms have the meanings ascribed to them in subsection (1) of Section 37-3-204: computational period, deferral, deferral period, periodic balance, standard deferral, sum of the balances method, and transaction. (4) If, with respect to a transaction payable according to its original terms in no more than 61 installments, the creditor has made either: (a) no deferral or deferral charge, the unearned portion of the loan finance charge is no less than the portion thereof attributable according to the sum of the balances method to the period from the first day of the computational period following that in which prepayment occurs to the scheduled due date of the final installment of the transaction; or (b) a standard deferral and a deferral charge pursuant to the provisions on a standard deferral, the unpaid balance of the transaction includes any unpaid portions of the deferral charge and any appropriate additional charges incident to the deferral, and the unearned portion of the loan finance charge is no less than the portion thereof attributable according to the sum of the balances method to the period from the first day of the computational period following that in which prepayment occurs except that the numerator of the fraction is the sum of the periodic balances, after rescheduling to give effect to any standard deferral, scheduled to follow the computational period in which prepayment occurs. A separate rebate of the deferral charge is not required unless the unpaid balance of the transaction is paid in full during the deferral period, in which event the creditor shall also rebate the unearned portion of the deferral charge. (5) In lieu of computing a rebate of the unearned portion of the loan finance charge as provided in subsection (4), the creditor: (a) shall, with respect to a transaction payable according to its original terms in more than 61 installments, and a transaction payable according to its original terms in no more than 61 installments as to which the creditor has made a deferral other than a standard deferral; and (b) may, in other cases, recompute or redetermine the earned finance charge by applying, according to the actuarial method, the annual percentage rate of finance charge required to be disclosed to the debtor pursuant to law to the actual unpaid balances of the amount financed for the actual time that the unpaid balances were outstanding as of the date of prepayment, giving effect to each payment, including payments of any deferral and delinquency charges, as of the date of the payment. The administrator shall adopt rules to simplify the calculation of the unearned portion of the finance charge, including allowance of the use of tables or other methods derived by application of a percentage rate which deviates by not more than one-half of one percent from the rate of the loan finance charge required to be disclosed to the debtor pursuant to law, and based on the assumption that all payments were made as originally scheduled or as deferred. (6) Except as otherwise provided in subsection (5), this section does not preclude the collection or retention by the creditor of delinquency charges (Section 37-3-203). (7) If the maturity is accelerated for any reason and judgment is entered, the debtor is entitled to the same rebate as if payment had been made on the date judgment is entered. (8) Upon prepayment in full of a precomputed consumer loan by the proceeds of consumer credit insurance (Section 37-4-103), the debtor or his estate is entitled to the same rebate as though the debtor had prepaid the agreement on the date the proceeds of insurance are paid to the creditor, but no later than 20 business days after satisfactory proof of loss is furnished to the creditor. Part 3 Disclosure and Advertising
S.C. Code Ann. § 37-6-118 — SC Code / Title 37 / Chapter 6 / Section 37-6-118
SECTION 37-6-118. Investigation of unfair trade practices in consumer transactions.
Status: in_force

(1) Whenever the administrator receives a complaint against a person pertaining to any consumer transaction arising out of the production, promotion or sale of consumer goods and services, and: (a) the person against whom the complaint is made fails to respond to a written inquiry made by the administrator concerning the complaint within the time limitation set forth in the inquiry; or (b) the administrator has probable cause to believe that the person complained of has or is engaged in market practices or a course of conduct which is fraudulent, illegal, deceptive or unfair, the administrator may, subject to Section 37-6-105, conduct an investigation of the complaint pursuant to Section 37-6-106 to determine if that person has engaged in such market practices or course of conduct. Upon receiving written notice of an action brought by an individual or the Attorney General of South Carolina pursuant to Chapter 5, Title 39 or of an unfair trade practice action by the Federal Trade Commission to investigate the facts complained of or to seek sanctions against the person that is the subject of the complaint, the administrator shall automatically stay any pending investigation undertaken by him. Any action by the administrator shall be dismissed if the other action is dismissed with prejudice or results in a final judgment granting or denying the claim asserted. (2) The administrator shall notify the person whose conduct is investigated of his findings of fact and conclusions, separately stated. The notice shall be in writing and mailed by certified or registered mail to the address of the principal office of the person investigated or to such other address as that person may designate in writing. (3) A person aggrieved by an order of the administrator may request a contested case hearing before the Administrative Law Court in accordance with the court's rules of procedure. If the person fails to request a contested case hearing within the time provided in the court's rules of procedure, the administrative order becomes final and the department may bring an action to enforce the order pursuant to Chapter 23, Title 1. (4) The findings and conclusions of the administrator, when and as they become final, either by failure to request a hearing as provided for in subsection (3) or by exhausting administrative and judicial remedies, shall be filed in the office of the administrator as a part of an education and information program provided for in item (e) of Section 37-6-117. (5) The provisions of this section shall not apply if consumer-industry appeals, arbitration or mediation panels or boards, whose decisions are binding on the participating business, are available in South Carolina for the product or service concerned, provided such business complies with the decision of the panel or board. Effect of Amendment 2016 Act No. 244, SECTION 14, rewrote (3), updating the procedures available to a person aggrieved by an order of the administrator.
S.C. Code Ann. § 37-3-306 — SC Code / Title 37 / Chapter 3 / Section 37-3-306
SECTION 37-3-306. Notice of assumption rights.
Status: in_force

(1) Every creditor engaged in this State in making consumer loans pursuant to a lender credit card or similar arrangement shall: (a) file on or before January thirty-first of each year with the Department of Consumer Affairs for every lender card plan it offers to South Carolina residents the disclosures required for credit and charge card applications and solicitations by the Federal Truth-In-Lending Act, Federal Reserve Board Regulation Z, Section 226.5a(b), 12 C.F.R. Section 226.5a(b), and any amendments or replacements thereto. The disclosures required by this section must be based on fees and charges and other terms in effect as of December thirty-first of the prior year. The required disclosures may be filed by providing one or more actual applications or solicitations used by the creditor which contain the required disclosures on one or more of the model forms in Appendix G of Federal Reserve Board Regulation Z. The annual filing fee for each creditor is twenty dollars, payable at the time the disclosures are filed regardless of the number of filings; and (b) file with the Department of Consumer Affairs current figures on the disclosures required by item (a) within thirty days after receiving a written request for this information from the administrator. No filing fee may be imposed for this information request. (2) Failure to file the disclosures required by this section and any errors in these disclosures does not affect the validity of any transaction or the maximum rates or charges in any transaction made by the creditor but the creditor is subject to the administrative remedies in Part 1 of Chapter 6.
S.C. Code Ann. § 37-3-302 — SC Code / Title 37 / Chapter 3 / Section 37-3-302
SECTION 37-3-302. Receipts; statements of account; evidence of payment.
Status: in_force

(1) The creditor shall deliver or mail to the debtor, without request, a written receipt for each payment by coin or currency on an obligation pursuant to a consumer loan. A periodic statement showing a payment received by mail complies with this subsection. (2) Upon written request of a debtor, the person to whom an obligation is owed pursuant to a consumer loan, except one pursuant to a revolving loan account, shall provide a written statement of the dates and amounts of payments made within the twelve 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 two dollars for each additional statement. (3) After a debtor has fulfilled all obligations with respect to a consumer loan, except one pursuant to a revolving loan account, the person to whom the obligation was owed, upon request of the debtor, shall deliver or mail to the debtor written evidence acknowledging payment in full of all obligations with respect to the transaction.
S.C. Code Ann. § 37-3-411 — SC Code / Title 37 / Chapter 3 / Section 37-3-411
SECTION 37-3-411. Card issuer subject to claims and defenses.
Status: in_force

(1) This section neither limits the liability of nor imposes liability on a card issuer as a manufacturer, supplier, seller, or lessor of property or services sold or leased pursuant to the credit card. This section may subject a card issuer to claims and defenses of a cardholder against a seller or lessor arising from sales or leases made pursuant to the credit card. (2) A card issuer is subject to claims and defenses of a cardholder against the seller or lessor arising from the sale or lease of property or services by a seller or lessor licensed, franchised, or permitted by the card issuer or a person related to the card issuer to do business under the trade name or designation of the card issuer or a person related to the card issuer, to the extent of the original amount owing to the card issuer with respect to the sale or lease of the property or services as to which the claim or defense arose. (3) Except as otherwise provided in this section, a card issuer, including a lender credit card issuer, is subject to all claims and defenses of a cardholder against the seller or lessor arising from the sale or lease of property or services pursuant to the credit card: (a) if the original amount owing to the card issuer with respect to the sale or lease of the property or services as to which the claim or defense arose exceeds $50.00; (b) if the residence of the cardholder and the place where the sale or lease occurred are in the same state or within 100 miles of each other; (c) if the cardholder has made a good faith attempt to obtain satisfaction from the seller or lessor with respect to the claim or defense; and (d) to the extent of the amount owing to the card issuer with respect to the sale or lease of the property or services as to which the claim or defense arose at the time the card issuer has written notice of the claim or defense. Written notice of the claim or defense may be given before the attempt specified in item (c). 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 material supplied by the creditor which sets forth or otherwise enables the assignee to identify the name and account number (if any) of the debtor. (4) For the purpose of determining the amount owing to the card issuer with respect to a sale or lease pursuant to a revolving loan account or a revolving charge account, payments received for the account are deemed to have been applied first to the payment of loan finance charges or 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 of the debts are made to the account. (5) An agreement may not limit or waive the claims or defenses of a cardholder under this section.
S.C. Code Ann. § 37-6-111 — SC Code / Title 37 / Chapter 6 / Section 37-6-111
SECTION 37-6-111. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
Status: in_force

(1) The administrator may bring a civil action to restrain a person to whom this title applies from engaging in a course of: (a) making or enforcing unconscionable terms or provisions of consumer credit transactions; (b) fraudulent or unconscionable conduct in inducing consumers to enter into consumer credit transactions; (c) conduct of any of the types specified in item (a) or (b) with respect to transactions that give rise to or that lead persons to believe will give rise to consumer credit transactions; or (d) fraudulent or unconscionable conduct in the collection of debts arising from consumer credit transactions. (2) In an action brought pursuant to this section the court may grant relief only if it finds: (a) that the respondent has made unconscionable agreements or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct; (b) that the respondent's agreements have caused or are likely to cause or the conduct of the respondent has caused or is likely to cause injury to consumers or debtors; and (c) that the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are credit transactions. (3) In applying subsection (1)(a), (b), and (c), consideration shall be given to each of the factors specified in the provisions on unconscionability with respect to a transaction that is, gives rise to, or that a person leads the debtor to believe will give rise to, a consumer credit transaction (subsection (2) of Section 37-5-108), among others. (4) In an action brought pursuant to this section, a charge or practice expressly permitted by law is not in itself unconscionable.
S.C. Code Ann. § 37-2-714 — SC Code / Title 37 / Chapter 2 / Section 37-2-714
SECTION 37-2-714. Lessee's right to reinstatement of rental-purchase agreement.
Status: in_force

(1) A lessee who fails to make timely periodic payment or payments has the right to reinstate the original consumer rental-purchase agreement without losing any rights or options previously acquired under the consumer rental-purchase agreement if both of the following apply: (a) The consumer rental-purchase agreement is not more than sixty days in default. (b) One periodic payment has been missed and the lessee has surrendered the item to the lessor, if requested by the lessor, during the time in which payments were missed. (2) As a condition precedent to reinstatement of the consumer rental-purchase agreement, a lessor may charge the outstanding balance of any accrued payments and delinquency charges plus delivery charges allowable by Section 37-2-706(2) if redelivery of the item is necessary. (3) If reinstatement occurs pursuant to this section, the lessor shall provide the lessee with either the same item leased by the lessee prior to reinstatement or a substitute item of comparable quality and condition. If a substitute item is provided the lessor shall provide the lessee with all the information required by Section 37-2-702.
S.C. Code Ann. § 37-3-410 — SC Code / Title 37 / Chapter 3 / Section 37-3-410
SECTION 37-3-410. Lender subject to claims and defenses arising from sale and leases.
Status: in_force

(1) A lender, except the issuer of a lender credit card, who with respect to a particular transaction, makes a consumer loan to enable a debtor to buy or lease from a particular seller or lessor property or services is subject to all claims and defenses of the debtor against the seller or lessor arising from that sale or lease of the property or services if: (a) the lender knows that the seller or lessor arranged for the extension of credit by the lender for a commission, brokerage, or referral fee; (b) the lender is a person related to the seller or lessor, unless the relationship is remote or is not a factor in the transaction; (c) the seller of lessor guarantees the loan or otherwise assumes the risk of loss by the lender upon the loan; (d) the lender directly supplies the seller or lessor with the contract document used by the debtor to evidence the loan, and the seller or lessor has knowledge of the credit terms and participates in preparation of the document; (e) the loan is conditioned upon the debtor's purchase or lease of the property or services from the particular seller or lessor, but the lender's payment of proceeds of the loan to the seller or lessor does not in itself establish that the loan was so conditioned; or (f) the lender, before he makes the consumer loan, has knowledge or, from his course of dealing with the particular seller or lessor or his records, notice of substantial complaints by other buyers or lessees of the particular seller's or lessor's failure or refusal to perform his contracts with them and of the particular seller's or lessor's failure to remedy his defaults within a reasonable time after notice to him of the complaints. (2) A claim or defense of a debtor specified in subsection (1) may be asserted against the lender under this section only if the debtor has made a good faith attempt to obtain satisfaction from the seller or lessor with respect to the claim or defense and then only to the extent of the amount owing to the lender with respect to the sale or lease of the property or services as to which the claim or defense arose at the time the lender 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 material supplied by the lender which sets forth or otherwise enables the creditor to identify the name and account number (if any) of the debtor. (3) For the purpose of determining the amount owing to the lender with respect to the sale or lease: (a) payments received by the lender after consolidation of two or more consumer loans, except pursuant to a revolving loan account, are deemed to have been applied first to the payment of the loans first made; if the loans consolidated arose from loans made on the same day, payments are deemed to have been applied first to the smallest loan; and (b) payments received for a revolving loan account are deemed to have been applied first to the payment of loan finance charges in the order of their entry to the account and then to the payment of debts in the order in which the entries of the debts are made to the account. (4) An agreement may not limit or waive the claims or defenses of a debtor under this section.