reglab/housing_qa huggingface dataset:
SC Code § 37-21-60 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 21 - South Carolina Telephone Privacy Protection Act|Section 37-21-60. Prerecorded identifications and opt-out messages.

 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.  HISTORY: 2018 Act No. 218 (H.4628), Section 1, eff May 18, 2018.
SC Code § 37-21-70 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 21 - South Carolina Telephone Privacy Protection Act|Section 37-21-70. Unwanted telephone solicitations; Do Not Call Registry; affirmative defense.

 (A) A person may not initiate, or cause to be initiated, a telephone solicitation directed to a telephone number when a person at that telephone number previously stated a desire not to be contacted again by or on behalf of the person on whose behalf the telephone solicitation is being made. This statement may be made to a telephone solicitor or to the person on whose behalf the telephone solicitation is being made if that person is different from the telephone solicitor. Any request not to receive telephone solicitations must be honored for at least five years from the time the request is made.  (B) A telephone solicitor may not initiate, or cause to be initiated, a telephone solicitation to a telephone number on the National Do Not Call Registry maintained by the federal government pursuant to the Telemarketing Sales Rule, 16 C.F.R. Part 310, and 47 C.F.R. Section 64.1200.  (C) It is an affirmative defense in any action brought pursuant to Section 37-21-80 or 37-21-90 for a violation of this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitation in violation of this section, including using in accordance with applicable federal regulations a version of the National Do Not Call Registry obtained from the administrator of the registry no more than thirty-one days prior to the date a telephone solicitation is made.  HISTORY: 2018 Act No. 218 (H.4628), Section 1, eff May 18, 2018.
SC Code § 37-21-80 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 21 - South Carolina Telephone Privacy Protection Act|Section 37-21-80. Remedies; injunctions.

 (A) A person who is aggrieved by a violation of this chapter is entitled to initiate an action to enjoin the violation and to recover actual losses in addition to damages in the amount of one thousand dollars for each violation.  (B) If the court finds a wilful violation, the court may, in its discretion, increase the amount of the award to an amount not exceeding five thousand dollars for each violation.  (C) Notwithstanding another provision of law, in addition to any damages awarded, the person initiating the action for a violation of this chapter may be awarded reasonable attorneys' fees and court costs.  (D) An action for damages, attorneys' fees, and costs brought pursuant to this section may be filed in an appropriate circuit court or municipal or magistrates court so long as the amount claimed does not exceed the jurisdictional limits as applicable. An action brought pursuant to this section that includes a request for an injunction must be filed in an appropriate circuit court.  (E) It must be a defense to any action brought under this section that the violation was not intentional and resulted from a bona fide error.  HISTORY: 2018 Act No. 218 (H.4628), Section 1, eff May 18, 2018.
SC Code § 37-21-90 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 21 - South Carolina Telephone Privacy Protection Act|Section 37-21-90. Administrative orders; Attorney General investigations; civil penalties.

 (A) The administrator, upon finding a violation of this chapter, may issue an administrative order requiring the person to cease and desist, to return property or money received in violation of this chapter and imposing penalties of up to five thousand dollars for each violation. The department may bring a civil action seeking similar relief, including injunctive relief, pursuant to subsection (B). Monies received in enforcement of this chapter shall be retained by the department for administration of this title.  (B)(1) The Attorney General may investigate and enforce violations of this chapter. The Attorney General, may bring an action to enjoin a violation of this chapter by any person and to recover damages for an aggrieved person or persons in the amount of five thousand dollars for each violation.  (2) If the court finds a wilful violation, the court, in its discretion, also may award a civil penalty of not more than five thousand dollars for each violation. Civil penalties awarded pursuant to this section in an action brought in the name of the State by the Attorney General must be paid to the general fund.  (3) In an action brought pursuant to this section, the Attorney General may recover reasonable expenses incurred by the State or local governmental agency or department in investigating and preparing the case, and attorneys' fees.  HISTORY: 2018 Act No. 218 (H.4628), Section 1, eff May 18, 2018.
SC Code § 37-21-100 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 21 - South Carolina Telephone Privacy Protection Act|Section 37-21-100. Construction of chapter.

 Nothing in this chapter must be construed to limit any remedies, causes of action, or penalties available to a person or governmental agency under another federal or state law.  HISTORY: 2018 Act No. 218 (H.4628), Section 1, eff May 18, 2018.
SC Code § 37-22-120 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 22 - Mortgage Lending|Section 37-22-120. Licensing requirements.

 (A) Without first obtaining a license pursuant to this chapter it is unlawful for a person, other than an exempt person, doing business in this State to:  (1) act as a mortgage lender or, directly or indirectly, engage in the business of a mortgage lender under any name or title; or  (2) circulate or use advertising, including electronic means, make a representation or give information to a person which indicates or reasonably implies activity within the scope of this chapter.  (B) It is unlawful for a person to employ, compensate, or appoint as its agent a loan originator unless the loan originator is licensed as a loan originator pursuant to this chapter. An exempt person is not subject to this subsection.  (C) The license of a loan originator is not effective during a period that the person is not employed by a mortgage lender licensed pursuant to this chapter.  (D) If a loan originator ceases to be employed by a mortgage lender licensed pursuant to this chapter, the loan originator and the mortgage lender by whom that person is employed promptly shall notify the commissioner in writing. The mortgage lender's notice must include a statement of the specific reason or reasons for the termination of the loan originator's employment. The reason for termination is confidential information and must not be released to the public.  (E) A loan originator must not be employed simultaneously by more than one mortgage lender licensed pursuant to this chapter.  (F) Independent contractors, except for exempt persons, must be licensed separately. Processors and underwriters who are independent contractors must be licensed as provided in Section 37-22-110(34)(c).  HISTORY: 2009 Act No. 67, Section 2, eff January 1, 2010.
SC Code § 37-22-130 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 22 - Mortgage Lending|Section 37-22-130. Contested case proceedings; appeals.

 (A) A person aggrieved by an administrative order issued by the commissioner 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 commissioner may bring an action to enforce its order pursuant to Chapter 23, Title 1. 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 commissioner and all parties of record. The final decision of the administrative law judge may be appealed as provided in Section 1-23-380, Section 1-23-610, or Chapter 23, Title 1.  HISTORY: 2009 Act No. 67, Section 2, eff January 1, 2010.
SC Code § 37-22-160 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 22 - Mortgage Lending|Section 37-22-160. Continuing professional education.

 (A) As a condition of license renewal, a licensee must complete at least eight hours of continuing professional education annually, which shall include at least one hour on South Carolina laws and regulations, for the purpose of enhancing professional competence and responsibility. The continuing professional education completed must be reported to the commissioner annually. Documentation of courses completed must be maintained by all licensees. This documentation is subject to inspection by the commissioner for up to two years after the date of course completion.  (B) Continuing education credit may be granted only for the year in which the class is taken and may not be granted for the same course in successive years.  (C) If a licensee fails to complete the continuing professional education before the license expiration date, his license expires and he shall pay a penalty of not more than one hundred dollars, in addition to other fees or penalties that have accrued, to reinstate the license.  (D) All prelicensing education, continuing education, and written examinations must be approved through the Nationwide Mortgage Licensing System and Registry, pursuant to 12 U.S.C. 5101, et seq. before credit can be awarded. Applicants and licensees that successfully complete education or testing approved through the Nationwide Mortgage Licensing System and Registry fulfill the requirements of this State.  HISTORY: 2009 Act No. 67, Section 2, eff January 1, 2010; 2017 Act No. 93 (S.366), Section 4, eff September 16, 2017.  Effect of Amendment  2017 Act No. 93, Section 4, in (A), inserted ", which shall include at least one hour on South Carolina laws and regulations,".
SC Code § 37-22-170 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 22 - Mortgage Lending|Section 37-22-170. Managing principal; branch offices; notification of commissioner of designation and change of managing principal or branch manager.

 A mortgage lender licensed pursuant to this chapter shall have a managing principal who operates the business under that manager's full charge, control, and supervision. A mortgage lender may operate a branch office subject to the requirements of this chapter. Each principal and branch office of a mortgage lender licensed pursuant to this chapter shall have a branch manager who meets the requirements of Section 37-22-140(B) and (C)(1). Each mortgage lender licensed pursuant to this chapter shall file a form prescribed by the commissioner indicating the business's designation of managing principal and branch manager for each branch and their acceptance of the responsibility. The managing principal for a licensee's business also may serve as the branch manager of one of the licensee's branch offices. A mortgage lender licensed pursuant to this chapter shall notify the commissioner of a change in its managing principal or any branch manager. The license of a licensee who does not comply with this provision must be suspended pursuant to Section 37-22-200 until the licensee complies with this section. A licensee who operates as a sole proprietorship is a managing principal for the purposes of this chapter.  HISTORY: 2009 Act No. 67, Section 2, eff January 1, 2010.
SC Code § 37-22-180 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 22 - Mortgage Lending|Section 37-22-180. Notice of change of address; display of license.

 (A) A licensee shall report to the commissioner a change of address of the principal place of business or a branch office at least seven days before the change. Change of address notification of a licensed location must be accompanied by a fee of twenty-five dollars.  (B) A mortgage lender licensed pursuant to this chapter shall display in plain view in its principal office and in each branch the license issued by the commissioner. A loan originator licensed pursuant to this chapter shall display in each branch office in which mortgage loans are originated a copy of the license issued by the commissioner.  HISTORY: 2009 Act No. 67, Section 2, eff January 1, 2010.
SC Code § 37-22-230 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 22 - Mortgage Lending|Section 37-22-230. Violations of chapter; penalties.

 A person who wilfully violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both, for each violation. Each transaction involving the unlawful making or servicing of a mortgage loan is a separate offense.  HISTORY: 2009 Act No. 67, Section 2, eff January 1, 2010.
SC Code § 37-22-240 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 22 - Mortgage Lending|Section 37-22-240. Criminal background checks.

 Using the information supplied by the commissioner, the applicant must undergo a national criminal record check, supported by fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal record checks must be reported to the commissioner. The Nationwide Mortgage Licensing System and Registry is authorized to retain the fingerprints for certification purposes and for notification of the commissioner regarding subsequent criminal charges which may be reported to the FBI. The commissioner shall keep all information pursuant to this section privileged, in accordance with applicable state and federal guidelines.  HISTORY: 2009 Act No. 67, Section 2, eff January 1, 2010; 2017 Act No. 93 (S.366), Section 7, eff September 16, 2017.  Effect of Amendment  2017 Act No. 93, Section 7, rewrote the section, removing certain requirements and authorizing the Nationwide Mortgage Licensing System and Registry to retain fingerprints for certain purposes.
SC Code § 37-22-250 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 22 - Mortgage Lending|Section 37-22-250. Funds payable to commissioner.

 All funds specified in this chapter must be paid to the commissioner, must be used to implement the provisions of this chapter, and are nonrefundable.  HISTORY: 2009 Act No. 67, Section 2, eff January 1, 2010.
SC Code § 37-22-260 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 22 - Mortgage Lending|Section 37-22-260. Promulgation of regulations.

 (A) The commissioner may promulgate regulations necessary to effectuate the purposes of this chapter.  (B) For the purpose of participating in the Nationwide Mortgage Licensing System and Registry, the commissioner may waive or modify, in whole or in part, by rule, regulation, or order, any or all of the requirements of this chapter and establish new requirements as reasonably necessary to participate in the Nationwide Mortgage Licensing System and Registry.  (C) For the purposes of implementing an orderly and efficient licensing process, the commissioner may establish licensing rules or regulations and interim procedures for licensing and acceptance of applications. For previously registered or licensed individuals, the commissioner may establish expedited reviews, expedited licensing procedures, and grandfather provisions.  HISTORY: 2009 Act No. 67, Section 2, eff January 1, 2010.
SC Code § 37-23-10 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 23 - High-cost And Consumer Home Loans|Section 37-23-10. Short title.

 This chapter may be cited as the "South Carolina High-Cost and Consumer Home Loans Act".  HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date.
SC Code § 37-23-30 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 23 - High-cost And Consumer Home Loans|Section 37-23-30. High-cost home loan agreements.

 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.  HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date.
SC Code § 37-23-45 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 23 - High-cost And Consumer Home Loans|Section 37-23-45. Disclosure; form.

 (A) At the time the borrower receives the good faith estimate under the Real Estate Settlement and Procedures Act (RESPA) and before the scheduled closing of a high-cost home loan, the broker or mortgage broker of a loan must disclose in writing the amount being earned on the loan. The Department of Consumer Affairs shall provide a disclosure form to include the following:  (1) the dollar amount of the yield spread premium and the percentage of the yield spread premium in relation to the loan amount. For purposes of this item, "yield spread premium" is the amount paid to the broker by the lender based on the difference between the interest rate at which the broker originates the loan and the par, or market rate offered by a lender;  (2) an itemization of dollar amounts for points, fees, and commissions with a combined total given. A percentage of the combined total should be specified in relation to the loan amount;  (3) a dollar amount total of items 37-23-45(A)(1) and (2) and a percentage of the total specified in relation to the total amount of the loan; and  (4) for a loan that is an ARM as defined in Section 37-23-20(17), a listing of the schedule when the loan may be reset, for each and every reset, and a listing of the monthly payment that is owed for each change that is allowed by the terms of the contract. If the consumer escrows the insurance and taxes with each monthly payment, it must be reflected in the payment listed.  (B) The form must include a signature line for the borrower to acknowledge that he has received the disclosures, the disclosures have been explained to him, he understands them, and he voluntarily enters into the loan transaction.  HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date; 2009 Act No. 67, Section 4.G, eff January 1, 2010.
SC Code § 37-23-60 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 23 - High-cost And Consumer Home Loans|Section 37-23-60. Bona fide error; restitution.

 A lender of a high-cost home loan who acts in good faith but through a bona fide unintentional error, notwithstanding the maintenance of procedures reasonably adapted to avoid errors, fails to comply with this article must make restitution to the borrower. Within forty-five days after the discovery of the compliance failure or receipt of written notice of the compliance failure, the lender must notify the borrower and make the necessary adjustments to the loan to make the high-cost home loan satisfy the requirements of Sections 37-23-30, 37-23-40, and 37-23-45. If the harm to the borrower cannot be remedied by compliance with the high-cost loan requirement of Sections 37-23-30, 37-23-40, and 37-23-45, the lender must change the terms of the loan in a manner beneficial to the borrower so that the loan is no longer considered a high-cost home loan subject to the provisions of this article. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a person's obligations pursuant to this article is not a bona fide error.  HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date.