reglab/housing_qa huggingface dataset:
SC Code § 37-4-107 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-107. Maximum charge by creditor for insurance.

 (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.  HISTORY: 1962 Code Section 8-800.297; 1974 (58) 2879; 1976 Act No. 686 Section 33.
SC Code § 37-4-108 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-108. Refund or credit required; amount.

 (1) Upon prepayment in full of a consumer credit sale or consumer loan by the proceeds of consumer credit insurance, the debtor or his estate is entitled to a refund of any portion of a separate charge for insurance which by reason of prepayment is retained by the creditor or returned to him by the insurer unless the charge was computed from time to time on the basis of the balances of the debtor's account.  (2) This chapter does not require a creditor to grant a refund or credit to the debtor if any refund or credit due to the debtor under this chapter amounts to less than two dollars, and except as provided in subsection (1) does not require the creditor to account to the debtor for any portion of a separate charge for insurance because:  (a) the insurance is terminated by performance of the insurer's obligation;  (b) the creditor pays or accounts for premiums to the insurer in amounts and at times determined by the agreement between them; or  (c) the creditor receives directly or indirectly under any policy of insurance a gain or advantage not prohibited by law.  (3) Except as provided in subsection (2), the creditor shall promptly make or cause to be made an appropriate refund or credit to the debtor with respect to any separate charge made to him for insurance if  (a) the insurance is not provided or is provided for a shorter term than for which the charge to the debtor for insurance was computed; or  (b) the insurance terminates prior to the end of the term for which it was written because of prepayment in full or otherwise.  (4) A refund or credit required by subsection (3) is appropriate as to amount if it is computed according to a method prescribed or approved by the Director of the Department of Insurance or a formula filed by the insurer with the Director of the Department of Insurance at least thirty days before the debtor's right to a refund or credit becomes determinable, unless the method or formula is employed after the Insurance Commissioner notifies the insurer that he disapproves it. The rule of 78's or sum of the digits method is a proper method of computing refunds.  HISTORY: 1962 Code Section 8-800.298; 1974 (58) 2879; 1985 Act No. 139, Section 3.
SC Code § 37-4-109 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-109. Existing insurance; choice of insurer.

 If a creditor requires insurance, upon notice to the creditor the debtor shall have the option of providing the required insurance through an existing policy of insurance owned or controlled by the debtor, or through a policy to be obtained and paid for by the debtor, but the creditor may for reasonable cause decline the insurance provided by the debtor.  HISTORY: 1962 Code Section 8-800.299; 1974 (58) 2879.
SC Code § 37-4-111 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-111. Cooperation between administrator and the Director of the Department of Insurance.

 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.  HISTORY: 1962 Code Section 8-800.301; 1974 (58) 2879.
SC Code § 37-4-112 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-112. Administrative action of Director of the Department of Insurance.

 (1) To the extent that his responsibility under this chapter requires, the Director of the Department of Insurance shall issue rules with respect to insurers, and with respect to refunds (Section 37-4-108), forms, schedules of premium rates and charges (Section 37-4-203), and his approval or disapproval thereof and, in case of violation, may make an order for compliance.  (2) Each provision of the part on administrative procedures and judicial review (Part 4) of the chapter on administration (Chapter 6) which applies to and governs administrative action taken by the administrator also applies to and governs all administrative action taken by the Director of the Department of Insurance pursuant to this section.  HISTORY: 1962 Code Section 8-800.302; 1974 (58) 2879.
SC Code § 37-4-202 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-202. Amount of insurance.

 (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.  HISTORY: 1962 Code Section 8-800.312; 1974 (58) 2879; 1976 Act No. 686 Section 36; 1985 Act No. 139, Section 4; 1999 Act No. 66, Section 12.
SC Code § 37-4-204 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-204. Minimum charges and retentions.

 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.  HISTORY: 1993 Act No. 139, Section 1.
SC Code § 37-4-205 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-205. Payment on legitimate insurance claim; damages; fees; costs.

 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.  HISTORY: 1999 Act No. 66, Section 15.
SC Code § 37-4-206 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-206. Required disclosures; need for debtor to sign.

 Notwithstanding the requirements of Sections 37-2-202(2), 37-3-202(2), 37-4-110(1)(e), and 37-4-201(3)(b) required disclosures must be given and acknowledged, but need not be signed by the debtor, in a transaction that meets all of the following requirements:  (a) the plan is an open-end loan or open-end credit plan;  (b) the insurance election or change is made by the debtor at a time after the plan documents are initially completed and the plan is established;  (c) the premiums or insurance charges are to be added to the account monthly on an outstanding balance basis;  (d) the insurance election or change is requested by the debtor by telephone or other electronic means;  (e) the consumer has the ability to cancel the credit insurance at any time; and  (f) the consumer is given a clear and conspicuous disclosure in plain language on the first statement in which the additional charge is included stating that there has been an increase in the insurance premium and that the coverage may be canceled at any time. In lieu of providing the disclosure on the first statement in which the additional charge is included, a separate disclosure may be mailed to the consumer no later than in conjunction with the mailing of the first statement in which the additional charge is included.  HISTORY: 1999 Act No. 66, Section 16.
SC Code § 37-4-207 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-207. Misrepresentation of medical condition as basis for voiding insurance.

 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.  HISTORY: 1999 Act No. 66, Section 17.
SC Code § 37-4-208 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-208. Amount charged for nonfiling insurance coverage.

 The amount charged for nonfiling insurance coverage may not exceed seventy-five percent of the official fee as defined in Section 37-1-301(17).  HISTORY: 1999 Act No. 66, Section 18.
SC Code § 37-4-209 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-209. Combining disclosures.

 Nothing in this chapter shall be construed to prohibit the creditor from combining disclosures required in this chapter with other disclosures required under state and federal law, in order to avoid redundancy.  HISTORY: 1999 Act No. 66, Section 19.
SC Code § 37-4-210 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-210. What constitutes disability.

 Disability shall not be defined more restrictively than the inability of the insured to engage in his own occupation during the first year of disability or for the length of the benefit period if less than one year. After the first year of disability, disability shall not be defined more restrictively than the inability of the insured to engage in the substantial duties of any gainful occupation for substantially equivalent remuneration to the insured's own occupation. Substantially equivalent remuneration means not less than seventy-five percent of the insured's base wage, exclusive of overtime and bonus, as of the date disability commences.  HISTORY: 1999 Act No. 66, Section 20.
SC Code § 37-4-301 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-301. Property insurance.

 (1) A creditor may not contract for or receive a separate charge for insurance against loss of or damage to property unless:  (a) the insurance covers a substantial risk of loss or damage to property, all or part of which is related to the credit transaction;  (b) the amount, terms, and conditions of the insurance are reasonable in relation to the character and value of the property insured or to be insured; and  (c) the term of the insurance is reasonable in relation to the terms of credit.  (2) The term of the insurance is reasonable if it is customary and does not extend substantially beyond a scheduled maturity.  (3) Any charge for insurance against loss of or damage to property may be subject to a minimum charge of two dollars.  HISTORY: 1962 Code Section 8-800.321; 1974 (58) 2879; 1985 Act No. 127; 1986 Act No. 401.
SC Code § 37-4-302 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-302. Insurance on creditor's interest only.

 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.  HISTORY: 1962 Code Section 8-800.322; 1974 (58) 2879.
SC Code § 37-4-303 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-303. Liability insurance.

 A creditor may not contract for or receive a separate charge for insurance against liability unless the insurance covers a substantial risk of liability rising out of the ownership or use of property related to the credit transaction.  HISTORY: 1962 Code Section 8-800.323; 1974 (58) 2879.
SC Code § 37-4-304 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 4 - Insurance|Section 37-4-304. Cancellation by creditor.

 A creditor shall not request cancellation of a policy of property or liability insurance except after the debtor's default or in accordance with a written authorization by the debtor, and in either case the cancellation does not take effect until written notice is delivered to the debtor or mailed to him at his address as stated by him. The notice shall state that the policy may be cancelled on a date not less than ten days after the notice is delivered, or, if the notice is mailed, not less than thirteen days after it is mailed.  HISTORY: 1962 Code Section 8-800.324; 1974 (58) 2879.
SC Code § 37-5-101 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-101. Short title.

 This chapter shall be known and may be cited as South Carolina Consumer Protection Code - Remedies and Penalties.  HISTORY: 1962 Code Section 8-800.331; 1974 (58) 2879.
SC Code § 37-5-102 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-102. Scope.

 This part applies to actions or other proceedings to enforce rights arising from consumer credit sales, consumer leases, consumer loans, and consumer rental-purchase agreements; and, in addition, to extortionate extensions of credit (Section 37-5-107) and other transactions governed by this title.  HISTORY: 1962 Code Section 8-800.332; 1974 (58) 2879; 1985 Act No. 121, Section 7; 2016 Act No. 244 (H.5040), Section 7, eff June 5, 2016.  Effect of Amendment  2016 Act No. 244, Section 7, inserted "and other transactions governed by this title".
SC Code § 37-5-104 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-104. No garnishment.

 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.  HISTORY: 1962 Code Section 8-800.334; 1974 (58) 2879; 1985 Act No. 121, Section 8.
SC Code § 37-5-106 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-106. No discharge from employment for garnishment.

 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.  HISTORY: 1962 Code Section 8-800.336; 1974 (58) 2879; 1985 Act No. 121, Section 9.
SC Code § 37-5-107 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-107. Extortionate extensions of credit.

 (1) If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes against the debtor.  (2) If it is shown that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the nonrepayment thereof, there is prima facie evidence that the extension of credit was unenforceable under subsection (1).  HISTORY: 1962 Code Section 8-800.337; 1974 (58) 2879.
SC Code § 37-5-109 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-109. Default.

 An agreement of the parties to a consumer credit transaction with respect to default on the part of the consumer is enforceable only to the extent that:  (1) the consumer fails to make a payment as required by agreement; provided, with respect to a consumer rental-purchase agreement, a lessee defaults when he fails to renew an agreement and fails to return the rented property or make arrangements for its return as provided for by the agreement; or  (2) the prospect of payment, performance, or realization of collateral is significantly impaired; the burden of establishing the prospect of significant impairment is on the creditor.  HISTORY: 1976 Act No. 686 Section 39; 1985 Act No. 121, Section 12.
SC Code § 37-5-112 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-112. Creditor's right to take possession after default.

 Upon default by a consumer with respect to a consumer credit transaction, unless the consumer voluntarily surrenders possession of the collateral or rented property to the creditor, the creditor may take possession of the collateral or rented property without judicial process only if possession can be taken without entry into a dwelling used as a current residence and without the use of force or other breach of the peace.  HISTORY: 1976 Act No. 686 Section 39; 1985 Act No. 121, Section 15.
SC Code § 37-5-113 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-113. Venue, complaint, stay of enforcement of or relief from default judgment.

 An action by a creditor against a consumer arising from a consumer credit transaction shall be brought in the county of the consumer's residence [Section 37-1-201(6)], unless an action is brought to enforce an interest in land securing the consumer's obligation, in which case the action may be brought in the county in which the land or a part thereof is located. If the county of the consumer's residence has changed, the consumer upon motion may have the action removed to the county of his current residence. If the residence of the consumer is not within this State, the action may be brought in the county in which the sale, lease or loan was made. If the initial papers offered for filing in the action on their face show noncompliance with this section, the clerk of court shall not accept them. The court may change the place of trial as otherwise provided by law.  HISTORY: 1982 Act No. 385, Section 46.
SC Code § 37-5-114 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-114. Complaint; proof; entry of default judgment.

 (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.  HISTORY: 1982 Act No. 385, Section 46.
SC Code § 37-5-115 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 5 - Remedies And Penalties|Section 37-5-115. Stay of enforcement of or relief from default judgment.

 Except as otherwise set forth in this section, at any time after entry of a default judgment in favor of a creditor and against a consumer in an action arising from a consumer credit transaction, the court which rendered judgment, for cause including lack of jurisdiction to render the judgment, and upon motion of a party or its own motion, with notice as the court may direct, may stay enforcement of or relieve the consumer from the judgment by order upon just and equitable conditions; provided, however, that whenever the motion is based on the mistake, inadvertence, surprise or excusable neglect of the consumer, the motion must be filed within one year after the date the judgment is entered in the abstract of judgments pursuant to Section 15-35-520.  HISTORY: 1982 Act No. 385, Section 46.