reglab/housing_qa huggingface dataset:
SC Code § 37-7-105 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-105. Continuing professional education requirements.

 (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.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-106 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-106. Grounds for refusal to license, suspension, revocation or refusal to renew.

 The department may refuse to license an applicant or suspend or revoke a license or refuse to renew a license issued pursuant to this chapter if it finds, after notice and a hearing pursuant to the Administrative Procedures Act, that the applicant or his agent has:  (1) been convicted of a felony or of an offense involving fraud or dishonest dealing or moral turpitude within the past ten years;  (2) violated a provision of this chapter;  (3) used fraud or deceit in procuring the issuance of a license or renewal pursuant to this chapter;  (4) indulged in a continuous course of unfair conduct;  (5) been involved in insolvency, bankruptcy, receivership, or assignment for the benefit of creditors by a licensee; or  (6) violated a reasonable rule or regulation made by the department pursuant to this chapter.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-107 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-107. Issuance or denial of license; contents and posting; renewal.

 (A) Upon the filing of a complete application for a license, accompanied by the fee required, if the department finds that the financial responsibility and condition, character, qualifications, and general fitness of the applicant, and of the members if the applicant is a co-partnership, association, or limited liability company, and of the officers and directors if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business may be operated honestly, fairly, and in accordance with all applicable state and federal laws, it shall license the applicant and issue a license. If the department does not so find, it shall refuse to license the applicant and shall notify him of the denial.  (B) Upon the receipt of the license, a licensee may engage in the business for which the license is issued. The issued license is nontransferable and nonassignable.  (C) Each license issued to a licensee must state the address or addresses at which the business is to be conducted and must state fully the name of the licensee and the date of the license. A copy of the license must be posted prominently in each place of business of the licensee.  (D) A license issued pursuant to this section expires on December thirty-first of each year. A license must be renewed by filing with the department, at least thirty days before the expiration of the license, a complete renewal application, containing the information the department requires to determine the existence and effect of any material changes from the information contained in the applicant's original application, annual reports, or previous renewal application. Each credit counseling organization renewal application must be accompanied by a nonrefundable fee of one hundred dollars for each business location. Each credit counselor renewal application must be accompanied by a nonrefundable fee of forty dollars.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-108 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-108. Requirements for engaging in credit counseling services or debt management plans; preparation and contents of budget analysis; notice regarding services.

 A credit counseling organization, through its credit counselors, may not engage in credit counseling services or a debt management plan unless:  (1) the licensee provides the consumer with a credit education program designed to improve the financial literacy of the consumer;  (2) a thorough and written budget analysis is compiled and a copy delivered to the debtor. A licensee may not accept an account unless a written and thorough budget analysis indicates that the services are suitable for the debtor and that the debtor can reasonably meet the requirements of the budget analysis. The budget analysis must contain all of the following information about the debtor:  (a) name and address;  (b) marital status and number of dependents;  (c) amount and source of all employment compensation, payments from government programs, child support and alimony payments, and other income;  (d) number of exemptions claimed in the debtor's most recent federal income tax return;  (e) gross income for each pay period, type and amount of all payroll deductions, and net income for pay period;  (f) monthly home mortgage or rental payment. If the home mortgage payment does not include an escrow for real estate taxes, the budget analysis must contain the amount and due dates of the real estate taxes on the property;  (g) type and amount of all other fixed periodic payments;  (h) type and amount of food, clothing, utility, vehicle, insurance, and all other living expenses;  (i) a list of each creditor the licensee reasonably expects to participate in the plan and a list of each creditor the licensee reasonably expects not to participate in the plan;  (j) a list of DMPs the debtor is currently participating in with a party exempt pursuant to Section 37-7-101(2)(b), if applicable;  (k) if the debtor is currently participating in a debt management plan with a party exempted pursuant to Section 37-7-101(2)(b), written documentation of all the DMPs;  (l) a description of and amount owed for garnishments and judgments; and  (m) periodic amount available for payment toward a debt management plan;  (3) the organization provides a written document to the consumer in a form the consumer may keep that clearly and conspicuously contains the following statements and nothing else:  (a) that credit counseling services are not suitable for all consumers and that consumers may request information about other ways, including bankruptcy, to deal with indebtedness; and  (b) that the credit counseling services offered by the provider do not include secured debt, including a brief description of the most common type of secured debt such as mortgages and car loans, unless that service is offered.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-109 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-109. Debt management plan; fee; form for consent of creditors; notice of plan to creditors; presumed consent.

 (A) Upon establishing a debt management plan for a debtor, a licensee may charge and receive a setup fee as established by the department by regulation. If, within forty-five days of establishing the debt management plan, the lack of consent from the debtor's creditors causes the DMP to be no longer suitable for the debtor, the fee must be returned to the debtor and the debtor's account closed.  (B) Consent from the debtor's creditors must be recorded on a separate form to be kept in the debtor's file. The form must contain:  (1) a list of all the creditors;  (2) the manner in which consent was sought;  (3) the date of each contact;  (4) the name of the person contacted, if available;  (5) the response obtained from the person contacted;  (6) revised or special conditions or arrangements that condition the consent; and  (7) the date on which the required consent was secured.  (C) The consent of a creditor may be sought by sending a notice of a debt management plan to a creditor by appropriate means, including by telephone, facsimile, electronic mail, or first class mail. If the creditor does not respond within fourteen days after the sending of the notice, it is presumed that the creditor has given consent.  (D) If a payment under the debt management plan is sent to a creditor, acceptance of the payment or plan is presumed seven days after sending the payment.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-111 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-111. Funds paid to licensee for distribution to creditors; trust accounts; duties and responsibilities.

 (A) Funds paid to the licensee by or on behalf of a consumer for disbursement to the consumer's creditors must be deposited in a trust account established by the licensee for the benefit of debtors.  (B) A credit counseling organization shall:  (1) maintain separate records of account for each debtor to whom the licensee provides credit counseling services;  (2) deposit a payment from a debtor not later than one business day after receipt of the payment;  (3) disburse funds paid by or on behalf of a debtor to the debtor's creditors within five business days after receipt of the funds;  (4) correct misdirected payments resulting from an error by the licensee;  (5) upon request, give a debtor signed, dated receipts for funds received from a debtor under a DMP, or provide a means by which the consumer may view the status of the account electronically;  (6) keep all debtor funds separate and apart at all times from funds belonging to the licensee or any of its officers, employees, or agents and use debtor funds for no purpose other than paying bills, invoices, or accounts of the debtor;  (7) reconcile the trust account at least once a month. The reconciliation must ascertain the actual cash balance in the account and compare it with the sum of the escrow balances in each debtor's account. If the licensee has more than one trust account, each account must be scheduled and reconciled individually; and  (8) render an accounting to the debtor at least once every three months which must itemize the total amount received from the debtor, the total amount paid each creditor, the total amount each creditor has agreed to accept as payment in full on any debt owed by the debtor, the amount of charges deducted, and any amount held in the trust account on behalf of the debtor. A licensee also shall provide an accounting to a debtor within seven days after written demand, but no more than three times for each six-month period.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-112 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-112. Fees.

 A licensee may not charge a consumer a fee except as established by the department by regulation.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-113 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-113. Individualized counseling and education session.

 A licensee shall provide the consumer with an individualized counseling and education session that at a minimum addresses the following topics: managing household finances, managing credit and debt, budgeting, and personal savings strategies.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-114 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-114. Records; maintenance and preservation.

 (A) Each credit counseling organization shall maintain and preserve in its licensed offices complete and accurate books, accounts, and records as the department may reasonably require to determine if the credit counseling organization is complying with the provisions of this chapter and rules and regulations adopted in furtherance of the provisions of this chapter. The books, accounts, and records must be maintained apart and separate from another business in which the organization is involved and must be retained for at least three years after the DMP is terminated.  (B) The records must contain all consumer information including, but not limited to, the debt management plan and extensions to it, payments, disbursements, charges, and correspondence.  (C) If the credit counseling organization's records are located outside the State, it shall provide the records to the department within three business days or, at the department's discretion, pay reasonable and necessary expenses for the department to examine them at the place where they are maintained.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-115 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-115. Annual reports; occurrences triggering other reports.

 (A) Each credit counseling organization licensed pursuant to this chapter annually, on or before April fifteenth, shall file a written report with the department relating to the credit counseling organization business conducted during the preceding calendar year. The report shall be made under oath and shall be on a form prescribed by the department.  (B) Within ten business days after the occurrence of any of the following events a licensee shall file a written report with the department describing the event and its expected impact upon the licensee's business:  (1) the filing of bankruptcy, reorganization, or receivership proceedings by or against the licensee;  (2) the institution of a revocation, suspension, or other proceeding against the licensee by a governmental authority which is related to the licensee's credit counseling organization in any state;  (3) felony indictments or convictions of the licensee or any of its members, partners, directors, officers, trustees, beneficiaries, or principles, if known;  (4) any action taken by the Internal Revenue Service against a nonprofit licensee, its officers, directors, employees, agents, or other disqualified persons with respect to the organization within the meaning of Section 4958 of the Internal Revenue Code of 1986, as amended, including the imposition of penalties or excise taxes or the change, suspension, or revocation of the organization's tax exempt status;  (5) opening a new business location within this State; and  (6) other events the department may prescribe by regulation.  (C) A credit counselor licensed pursuant to this chapter shall file a report with the department within ten days of the occurrence of:  (1) felony indictments or convictions involving breach of trust, moral turpitude, fraud, or dishonest dealing; and  (2) other events the department may prescribe by regulation.  (D) Within thirty days of judgment against the licensee in a civil action relating to the DMP of a consumer who is a resident of South Carolina, a licensee shall file a written report with the department describing the event and its expected impact upon the licensee's business. The licensee shall advise the department within thirty days of any settlement or the result of any judgment entered.  (E) If a licensee fails to make a report required by this section, the department may require the licensee to pay a late penalty of fifty dollars for each day the report is overdue.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-116 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-116. Prohibited acts.

 (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.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-117 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-117. Violations and penalties; civil action by consumer; limitations.

 (A) A person who violates this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. If it is determined by a court of competent jurisdiction that a violation is wilful, the court may impose a fine of not less than five hundred fifty dollars for each violation.  (B) A consumer injured or damaged by an act in violation of this chapter or regulation promulgated pursuant to it, whether or not there is a criminal conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies:  (1) actual damages;  (2) punitive damages; and  (3) the costs of the action, including reasonable attorney's fees.  (C) An action brought pursuant to this chapter must be commenced within three years from the latest of the:  (1) consumer's last transmission of funds to the credit counseling organization;  (2) credit counseling organization's last disbursement to the consumer's creditors;  (3) credit counseling organization's last accounting to the consumer; or  (4) date on which the consumer reasonably discovered or reasonably should have discovered the facts giving rise to the consumer's claim.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).
SC Code § 37-7-118 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 7 - Consumer Credit Counseling|Section 37-7-118. Violation of Unfair Trade Practices Act.

 A violation of a provision of this chapter is considered a violation of Section 39-5-20 of the South Carolina Unfair Trade Practices Act. A remedy pursuant to Section 39-5-20 of the South Carolina Unfair Trade Practices Act is cumulative of and in addition to those available pursuant to this chapter.  HISTORY: 2005 Act No. 111, Section 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).