reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 10 - Miscellaneous Loan Provisions › Section 37-10-105. Violations; civil actions.

(A) If a creditor violates a provision of this chapter, the debtor has a cause of action, other than in a class action, to recover actual damages and also a right in an action, other than in a class action, to recover from the person violating this chapter a penalty in an amount determined by the court of not less than one thousand five hundred dollars and not more than seven thousand five hundred dollars. No debtor may bring a class action for a violation of this chapter. No debtor may bring an action for a violation of this chapter more than three years after the violation occurred, except as set forth in subsection (C). The three-year statute of limitations applies to actions commenced after May 2, 1997. No inference should be drawn as to the applicable statute of limitations for any pending actions. This subsection does not bar a debtor from asserting a violation of this chapter in an action to collect a debt which was brought more than three years from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action.
(B) No creditor may be held liable in an action brought under this section for a violation of this chapter if the creditor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.
(C) If the court finds as a matter of law that the agreement or transaction is unconscionable pursuant to Section 37-5-108 at the time it was made, or was induced by unconscionable conduct, the court may, in an action other than a class action:
(1) refuse to enforce the agreement, or a term, or part of the agreement or transaction that the court determines to have been unconscionable at the time it was made;
(2) enforce the remainder of the agreement without the unconscionable term or part, or limit the application of the unconscionable term or part to avoid an unconscionable result;
(3) rewrite or modify the agreement to eliminate an unconscionable term, part, or result and enforce the new agreement; or
(4) award:
(a) not more than the total amount of the loan finance charge and allow repayment of the unpaid balance of the loan without any finance charge;
(b) not more than double the amount of the excess loan finance charge or other charges or fees actually received by the creditor or paid by the debtor to a third party; and
(c) attorney's fees and costs.
An action pursuant to this subsection may not be brought after the original scheduled maturity date of the debt.
(D) In an action in which it is found that a creditor has violated this chapter, the court shall award to the debtor the costs of the action and to his attorneys their reasonable fees. In determining attorneys' fees, the amount of the recovery on behalf of the debtor is not controlling.
HISTORY: 1982 Act No. 385, Section 56; 1997 Act No. 99, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 10 - Miscellaneous Loan Provisions › Section 37-10-106. Maximum rate of interest; legal rate of interest.

(1) No greater interest than six percent per annum shall be charged, taken, agreed upon or allowed upon any contract arising in this State for the hiring, lending, or use of money or other commodity, either by way of straight interest, discount or otherwise, except upon written contracts wherein, by express agreement, any rate of interest may be charged, except as otherwise provided in this title or by law.
(2) Whenever the term legal rate of interest or lawful rate of interest is used in any contract, judgment or other document, it shall mean the rate specified in Section 34-31-20, unless the document otherwise specifically provides.
(3) No greater interest than eight percent per annum shall be charged on life insurance policy loans unless otherwise provided by law.
HISTORY: 1982 Act No. 385, Section 56.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 10 - Miscellaneous Loan Provisions › Section 37-10-107. Certain legal or equitable actions prohibited.

(1) No person may maintain an action for legal or equitable relief or a defense based upon a failure to perform an alleged promise, undertaking, accepted offer, commitment, or agreement:
(a) to lend or borrow money;
(b) to defer or forbear in the repayment of money; or
(c) to renew, modify, amend, or cancel a loan of money or any provision with respect to a loan of money, involving in any such case a principal amount in excess of fifty thousand dollars, unless the party seeking to maintain the action or defense has received a writing from the party to be charged containing the material terms and conditions of the promise, undertaking, accepted offer, commitment, or agreement and the party to be charged, or its duly authorized agent, has signed the writing.
(2) Failure to comply with subsection (1) precludes an action or defense based on any of the following legal or equitable theories:
(a) an implied agreement based on course of dealing or performance or on a fiduciary relationship;
(b) promissory or equitable estoppel;
(c) part performance, except to the extent that the part performance may be explained only by reference to the alleged promise, undertaking, accepted offer, commitment, or agreement; or
(d) negligent misrepresentation.
(3) Subsections (1) and (2) do not apply to:
(a) a loan of money used primarily for personal, family, or household purposes;
(b) an agreement or change in the terms of an agreement relating to a line of consumer credit, lender credit card, or similar arrangement;
(c) an overdraft on a demand deposit or other bank account; or
(d) promissory notes, real estate mortgages, security agreements, guaranty and surety agreements, and letters of credit.
(4) In the event of a conflict between this section and any other provision of law of this State relating to the requirement of a signed writing, the provisions of the other provision of law shall control.
HISTORY: 1991 Act No. 142, Section 24.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-20. Definitions.

As used in this chapter unless the context otherwise requires:
(1) "Department" means the South Carolina Department of Consumer Affairs.
(2) "Continuing care retirement community" means a community in which there is furnished, pursuant to a continuing care contract, to two or more persons not related to the administrator or owner of the facility within the third degree of consanguinity, board or lodging together with nursing, medical, or other health-related services, regardless of whether the services or lodging are provided at the same location or not. It does not include an institution operating solely as a nursing home or community residential care facility licensed by the South Carolina Department of Health and Environmental Control.
(3) "Entrance fee" means a payment that assures a resident a place in a facility.
(4) "Facility" means the place in which an operator undertakes to provide continuing care to a person.
(5) "Health-related services" includes a degree of personal assistance in feeding, dressing, or other essential daily living activities.
(6) "Continuing care contract" means a contract to provide board or lodging together with nursing, medical, or other health-related services:
(a) to a person sixty-five years of age or older at the time the contract is signed or purchased; or
(b) which provides for services for the life of the person or for more than one year, including mutually terminable contracts; and
(c) which requires payment of an entrance fee or other fee in return for a promise of future care.
(7) "Living unit" means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one or more identified residents.
(8) "Operator" means the promoter, developer, or owner of a continuing care retirement community or of an institution, building, residence, or other place, whether operated for profit or not, or a person who solicits or undertakes to provide continuing care under a continuing care facility contract.
(9) "Resident" means a purchaser of, a nominee of, or a subscriber to a continuing care contract. It includes a person for whom an entrance fee has been paid.
(10) "Trust institution" means a state or national bank, state or federal savings and loan association, or trust company authorized to act in a fiduciary capacity in this State.
(11) "Reservation deposit." means a portion of an entrance fee paid in advance of signing a continuing care contract.
HISTORY: 1989 Act No. 97, Section 1; 2000 Act No. 400, Section 1; 2022 Act No. 197 (H.4983), Section 1, eff May 16, 2022.
Effect of Amendment
2022 Act No. 197, Section 1, added (11), relating to the definition of "reservation deposit".
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-50. Preliminary licenses.

(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.
HISTORY: 1989 Act No. 97, Section 1; 2022 Act No. 197 (H.4983), Section 5, eff May 16, 2022.
Effect of Amendment
2022 Act No. 197, Section 5, inserted (A), and inserted the (B) designator in the former undesignated paragraph.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-60. Disclosure requirements; retirement community complaint system.

At the time of, or before, the execution of a contract to provide continuing care, or the transfer of money or other property to an operator by or on behalf of a prospective resident, whichever occurs first, the operator shall deliver a current disclosure statement to the person with whom the contract is to be entered into, the text of which must contain at least the information required by the department. The department may require a disclosure of all or part of the information submitted pursuant to Section 37-11-30(B) or a summary of the information.
Every continuing care retirement community shall establish and maintain a complaint system which is approved by the department to provide reasonable procedures for the resolution of written complaints initiated by residents. A complaint system established pursuant to other governmental requirements satisfies the requirements of this section if all residents are aware of and may use the system. A copy of all written complaints handled through this system and the average time taken to resolve a complaint must accompany an application to renew a license.
HISTORY: 1989 Act No. 97, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-70. Itemized billing requirements.

A continuing care retirement community subject to the provisions of this chapter is required to furnish an item-by-item billing for all charges to the resident or the person paying the bill upon his request unless the items and charges are included in the continuing care contract. Items which remain unpaid are not required to be itemized again. A request for itemized billing remains in effect until further notification by the resident or person paying the bill.
HISTORY: 1989 Act No. 97, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-80. Regulations; examination of affairs of retirement community and health care providers; communities and providers to submit books and records.

The department shall promulgate regulations in accordance with the Administrative Procedures Act as it considers necessary to carry out the purposes of this chapter.
The department may make an examination of the affairs of a continuing care retirement community and the health care and health-related services providers with whom the organization has contracts, agreements, or other arrangements as often as reasonably is necessary to ensure that the operator can meet his obligations to residents and otherwise meets the requirements of this chapter.
Continuing care retirement communities and health care providers examined pursuant to this section shall submit books and records needed to determine the continuing care retirement community's financial soundness. The department is responsible for the expenses of examinations under this section.
HISTORY: 1989 Act No. 97, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-95. Approval required prior to declaring or distributing dividend or similar distribution.

(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.
HISTORY: 1995 Act No. 19, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-100. Disciplinary actions; sanctions; assessment of costs.

(A) For the purposes of this section, "conviction" includes a plea of guilty or nolo contendere or a finding of guilt.
(B) The department may take disciplinary action against a licensee or an operator for violation of a provision of this chapter or a regulation promulgated pursuant to this chapter.
(C) Upon finding that a licensee, operator, or person who manages the community on a day-to-day basis has violated one or more provisions of this section, the department may:
(1) deny an application for a license;
(2) revoke, restrict, suspend, or refuse to renew a license;
(3) impose an administrative penalty in an amount not less than one thousand dollars for each violation, but not more than ten thousand dollars;
(4) issue a reprimand;
(5) issue a cease and desist order; or
(6) place the licensee, operator, or person who manages the community on a day-to-day basis on probation for a period and subject to conditions and restrictions that the department specifies.
(D) A disciplinary action, denial of an application for a new or renewal license, license revocation, or license suspension must occur subject to the Administrative Procedures Act, with notice to, and an opportunity for a hearing by, the affected applicant, licensee, or operator. A contested hearing pursuant to this section must be held before the Administrative Law Court.
(E) A licensee, operator, or person who manages the community on a day-to-day basis who is found to be engaged in unlawful conduct may be assessed the reasonable costs necessary to the investigation, disciplinary proceeding, court proceeding, or other action to enforce the provisions of this chapter.
HISTORY: 1989 Act No. 97, Section 1; 2005 Act No. 128, Section 20, eff July 1, 2005; 2008 Act No. 244, Section 1, eff May 27, 2008.
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."
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-105. Financial plan in case of insolvency or danger of insolvency; penalty for failure to implement approved plan.

(A) At any time when the department has reason to believe that the operator is insolvent, is in imminent danger of becoming insolvent, is in a financially unsound or unsafe condition, or that a continuing care retirement community's financial condition is such that it may otherwise be unable to fully perform its obligations pursuant to continuing care contracts, the department in addition to other remedies may require the operator to submit for approval within sixty days a financial plan detailing the method by which the operator proposes to overcome the deficiencies noted by the department. The department shall approve or disapprove the plan within thirty days of the receipt.
(B) If the plan is approved, the operator immediately shall implement the plan.
(C) If the plan is disapproved or if at any time after approval the department determines that the plan is not being fully implemented, the department may require the operator to obtain new or additional management capability to solve its difficulties. The department must give the reorganized management a reasonable period of time, as determined by the department, to develop a plan which, subject to the approval of the department, will reasonably assure that the operator will meet its responsibilities under the law. The deadlines for action described in this subsection may be extended upon mutual agreement of the operator and the department.
(D) Failure to implement the plan may result in suspension or revocation of a license.
HISTORY: 1995 Act No. 19, Section 2.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-120. Injunctions; criminal penalties.

The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a facility without obtaining a license as provided in this chapter. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, established, conducted, managed, or operated the facility or program without a license without asserting further or more particular facts concerning the charge.
A person violating the provisions of this chapter or regulations promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than one year for each offense. Each day the facility or program operates without a license is considered a separate offense.
HISTORY: 1989 Act No. 97, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-125. Enforcement actions.

The department or the Attorney General may file an action in the Administrative Law Court or circuit court to enforce the provisions of this chapter.
HISTORY: 2008 Act No. 244, Section 2, eff May 27, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-130. Waiver of certain requirements for certain retirement communities.

The department may waive any of the requirements of Section 37-11-30(B) for a continuing care retirement community in operation as of the effective date of this chapter.
HISTORY: 1989 Act No. 97, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-135. Exemptions; letter of nonapplicability.

A facility that does not require payment of an entrance fee is exempt from the requirements of this chapter. In order to qualify for this exemption, a facility must obtain a letter of nonapplicability from the department. A facility that has obtained a letter of nonapplicability may not hold itself out to be a continuing care retirement community.
HISTORY: 1995 Act No. 19, Section 3; 2000 Act No. 400, Section 2; 2008 Act No. 244, Section 3, eff May 27, 2008; 2022 Act No. 197 (H.4983), Section 7, eff May 16, 2022.
Effect of Amendment
2022 Act No. 197, Section 7, in the first sentence, substituted "facility that" for "continuing care retirement community which", and added the third sentence.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-137. Retention and use of funds.

All funds collected by the department pursuant to this chapter must be retained and used to implement the provisions of this chapter.
HISTORY: 2008 Act No. 244, Section 4, eff May 27, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities › Section 37-11-140. Effective date of chapter; exceptions.

(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.
HISTORY: 1989 Act No. 97, Section 1; 2008 Act No. 244, Section 5, eff May 27, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles › Section 37-13-10. Definitions.

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.
HISTORY: 1991 Act No. 132, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles › Section 37-13-20. Unlawful acts.

A sublease arranger commits an offense if the sublease arranger arranges a sublease of a motor vehicle and:
(1) first does not obtain written authorization for the sublease from the vehicle's secured party or lessor;
(2) accepts a fee without first having obtained written authorization for the sublease from the vehicle's secured party or lessor;
(3) accepts a fee in excess of the amount allowed by regulations promulgated pursuant to this chapter;
(4) does not disclose the location of the vehicle on the request of the vehicle's buyer, lessee, secured party, or lessor;
(5) does not provide to the third party new, accurate disclosures under the Consumer Protection Act, 15 U.S.C. Section 1601, et seq.;
(6) does not provide oral and written notice to the buyer or lessee that he is not released from liability;
(7) does not ensure that all rights under warranties and service contracts regarding the motor vehicle transfer to the third party unless a pro rata rebate for unexpired coverage is applied to reduce the third party's cost under the sublease;
(8) does not take reasonable steps to ensure that the third party is financially able to assume the payment obligations of the buyer or lessee according to the terms of the lease agreement, retail installment contract, or consumer loan; or
(9) violates a regulation promulgated by the South Carolina Department of Consumer Affairs pursuant to this chapter.
HISTORY: 1991 Act No. 132, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles › Section 37-13-30. Violation by other person not a defense to prosecution of sublease arranger; sublease arranger may not shift duties.

It is not a defense to prosecution under Section 37-13-20 that the motor vehicle's buyer or lessee, secured party, or lessor has violated a contract creating a security interest or lease in the motor vehicle, nor may a sublease arranger shift to the lessee, buyer, or third party the arranger's duty under Section 37-13-20(1) or (2) to obtain prior written authorization for formation of sublease.
HISTORY: 1991 Act No. 132, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles › Section 37-13-40. Civil penalties for violation of chapter; remedies.

A buyer, lessee, sublessee, secured party, or lessor injured or damaged by an act in violation of this chapter or regulations promulgated pursuant to it, whether or not there is a conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies:
(1) three times the amount of actual damages or fifteen hundred dollars, whichever is greater;
(2) equitable relief, including a temporary restraining order, a preliminary or permanent injunction, or restitution of money or property;
(3) reasonable attorney fees and costs and other relief the court considers just.
HISTORY: 1991 Act No. 132, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles › Section 37-13-50. Criminal penalties for violations of chapter.

A person who violates this chapter or regulations promulgated pursuant to it is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.
HISTORY: 1991 Act No. 132, Section 1; 1993 Act No. 184 Section 208.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles › Section 37-13-60. Promulgation of regulations by Department of Consumer Affairs.

The Department of Consumer Affairs may promulgate regulations governing:
(1) the conduct of the business of sublease arranging;
(2) licensing requirements of sublease arrangers;
(3) forms for use by sublease arrangers;
(4) maximum fees and charges which may be charged by sublease arrangers;
(5) performance bond or other guaranty requirements from sublease arrangers;
(6) notification requirements to interested parties notifying them of a sublease under this chapter.
HISTORY: 1991 Act No. 132, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles › Section 37-13-70. Education of public and enforcement of chapter by Department of Consumer Affairs.

Consistent with this chapter, the Department of Consumer Affairs may use all powers in Chapter 6 of this title to educate the public and enforce this chapter subject to the duties imposed on the department in Chapter 6.
HISTORY: 1991 Act No. 132, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles › Section 37-13-80. Promulgation of regulations as to licensing requirements; licensing fee.

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.
HISTORY: 1991 Act No. 132, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles › Section 37-13-90. Rights and remedies in addition to other rights and remedies.

The rights and remedies in this chapter are in addition to other rights and remedies provided by law.
HISTORY: 1991 Act No. 132, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 15 - Prizes And Gifts › Section 37-15-20. Definitions.

As used in this chapter:
(1) "Anything of value", "item of value", or "item" means an item or service with monetary value.
(2) "Handling charge" means a charge, fee, or sum of money that is paid by a consumer to receive a prize, gift, or an item of value including, but not limited to, promotional fees, redemption fees, registration fees, or delivery costs.
(3) "Person" means an individual, corporation, trust, partnership, association, and any other legal entity.
HISTORY: 1994 Act No. 483, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 15 - Prizes And Gifts › Section 37-15-30. Restrictions on representation that a person has won a prize or contest.

(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.
HISTORY: 1994 Act No. 483, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 15 - Prizes And Gifts › Section 37-15-50. Restriction of representation that person has been specially selected.

(A) No person may represent that another person has been specially selected in connection with the sale, lease, or solicitation for sale or lease of goods, property, or service, unless the selection process is designed to reach particular persons.
(B) The use of any language that may lead a reasonable person to believe that the person has been specially selected including, but not limited to, "Carefully selected", or "You have been selected to receive", or "You have been chosen", is considered a representation of the type governed by this section.
HISTORY: 1994 Act No. 483, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 15 - Prizes And Gifts › Section 37-15-60. Use of simulated checks or invoices restricted.

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.
HISTORY: 1994 Act No. 483, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 15 - Prizes And Gifts › Section 37-15-70. Payment of excessive shipping or handling charges as precondition of receipt of gift or prize prohibited.

(A) It is unlawful to notify a person that the person will receive a gift, prize, or item of value and that as a condition of receiving the gift, prize, or item of value the person will be required to pay for or purchase or lease, including rent, any goods or services, if:
(1) the shipping charges exceed:
(a) the cost of postage or the charge of a delivery service, in the business of delivering goods of like size, weight, and kind, for shipping the gift, prize, or item of value from the geographic area in which the gift, prize, or item of value is being distributed; or
(b) the exact amount for shipping the gift, prize, or item of value paid to an independent fulfillment house or an independent supplier, either of which is in the business of shipping goods for shippers other than the offeror of the gift, prize, or item of value; or
(2) the handling charge exceeds the lesser of five dollars or the actual cost of handling.
(B) This section applies to all offers of prizes, gifts, or items of value covered by this chapter.
HISTORY: 1994 Act No. 483, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 15 - Prizes And Gifts › Section 37-15-80. Civil actions to enforce chapter; costs.

A consumer who suffers loss by reason of a violation of this chapter may bring a civil action to enforce the provisions and, if successful in the action, shall recover reasonable attorney's fees and court costs incurred by bringing the action.
HISTORY: 1994 Act No. 483, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 15 - Prizes And Gifts › Section 37-15-90. Violation of this chapter is unfair trade practice.

A violation of this chapter constitutes a prohibited practice under the provisions of the Unfair Trade Practices Act and is subject to any of the enforcement provisions of that act.
HISTORY: 1994 Act No. 483, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 15 - Prizes And Gifts › Section 37-15-100. Procedures exempted from application of sections 37-15-40 through 37-15-70.

Sections 37-15-40 through 37-15-70 do not apply to the sale, purchase, or solicitation or representation in connection therewith of goods from a catalog or of books, recordings, videocassettes, periodicals, and similar goods through a membership group or club that is regulated by the Federal Trade Commission concerning the use of negative option plans by sellers in commerce or through a contractual plan or arrangement, such as a continuity plan, subscription arrangement, or a single sale or purchase series arrangement, under which the seller ships goods to a consumer who has consented in advance to receive the goods, and after examination of the goods, the recipient of the goods is given the opportunity to receive a full refund of charges for the goods or a proportionate refund for an unused portion of the goods, upon return of the goods or the unused portion, undamaged.
HISTORY: 1994 Act No. 483, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 16 - Prepaid Legal Services › Section 37-16-10. Definitions.

As used in this chapter:
(1) "Department" means the Department of Consumer Affairs.
(2) "Prepaid legal company" means a person or entity offering prepaid legal services to the general public or a segment of the general public.
(3) "Prepaid legal services" means legal services or reimbursement for legal services provided by an individual licensed or admitted to practice law in the jurisdiction in which the services are to be rendered, and which are provided in return for a predetermined, specified, periodic fee.
HISTORY: 2000 Act No. 328, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 16 - Prepaid Legal Services › Section 37-16-20. Registration; bond or letter of credit.

Before commencing business in South Carolina, regardless of the means of doing business, any prepaid legal services company must register with the department on a form prescribed by the department. The form must be accompanied by a bond or letter of credit acceptable to the department in the amount of fifty thousand dollars, which must remain in force so long as the prepaid legal services company does business in South Carolina. The amount of the bond or letter of credit may only be increased by regulation.
HISTORY: 2000 Act No. 328, Section 1, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 16 - Prepaid Legal Services › Section 37-16-30. Appointment of sales person as company representative; filing of name, address, and telephone number; renewal; fees; refusal or revocation of appointment.

Before any sales or solicitation activity commences, a person seeking to be involved in direct selling or direct in-person or electronic solicitation of the general public or segments of the general public, on behalf of a prepaid legal services company, must be appointed a representative of that prepaid legal services company by filing with the department, on a form prescribed by the department, the appointee's name, address, and telephone number. The appointment must be renewed each year no later than October first. The department may collect a fee of forty dollars with each initial or renewal filing and may use the proceeds to offset the costs of administering and enforcing this chapter. Appointment may be refused or revoked upon a finding that a prospective representative or representative has been convicted of a crime of deceit or dishonesty within the previous ten years.
HISTORY: 2000 Act No. 328, Section 1, eff July 1, 2000; 2008 Act No. 353, Section 2, Pt 16A, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 16 - Prepaid Legal Services › Section 37-16-40. Annual registration; affirmation of continuation of bond; fee.

(A) No later than March first of each year, commencing immediately after registration required by Section 37-16-20, a prepaid legal services company registered with the department must file on a form prescribed by the department an updated registration statement to include a sworn affirmation as to continuation of the bond or letter of credit required by Section 37-16-20.
(B) In connection with its annual registration, the prepaid legal services company must pay a registration fee of eight hundred dollars which the department may utilize for purposes of administering this chapter.
HISTORY: 2000 Act No. 328, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 16 - Prepaid Legal Services › Section 37-16-50. Prior approval of contracts; required provisions as to selection of attorney; approval process.

Contracts offering prepaid legal services must be filed with the department for approval prior to being offered to the general public or a segment of the general public. A contract for prepaid legal services must include a provision allowing the member or beneficiary the right to select the attorney of his choice when legal services are needed. If this option is chosen, the company may adjust the amount the member or beneficiary is charged to participate in the prepaid legal services plan. However, approval must not be withheld unless the contract is false, misleading, unfair, deceptive, or is in violation of this chapter or other applicable law. Contracts filed are deemed approved if the department does not notify the prepaid legal services company of its nonapproval within forty-five days of receipt of the contract.
HISTORY: 2000 Act No. 328, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 16 - Prepaid Legal Services › Section 37-16-60. Complaints.

A consumer aggrieved by a prepaid legal company may file a complaint with the department which shall review the complaint, investigate it as the department considers appropriate, and initiate action as authorized by law.
HISTORY: 2000 Act No. 328, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 16 - Prepaid Legal Services › Section 37-16-70. Contested case hearing with Administrative Law Court.

(A) The department may file a request for a contested case hearing with the Administrative Law Court if a prepaid legal services company violates a provision of this chapter and the prepaid legal services company is subject to any combination of the following:
(1) an administrative order to cease and desist from committing violations of this chapter;
(2) administrative fines up to five thousand dollars; and
(3) revocation or denial of registration.
(B) Upon satisfactory evidence that a prepaid legal services company representative has violated or failed to comply with a provision of this chapter or regulation promulgated pursuant to the authority of this chapter, the administrator may issue an order requiring the company representative to cease and desist from engaging in the violation or revoke or suspend the company representative's authority. A prepaid legal services company representative may file a request for a contested case hearing with the Administrative Law Court if it believes it is aggrieved by the decision of the administrator.
HISTORY: 2000 Act No. 328, Section 1; 2005 Act No. 128, Section 8, eff July 1, 2005.
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."
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 16 - Prepaid Legal Services › Section 37-16-80. Failure to abide by contract; use of false, or deceptive acts or practices; repeated or systematic failure to comply or engaging in deceptive acts; sanctions.

For purposes of this chapter, the failure to abide by the terms of a filed contract or the use of false, misleading, unfair or deceptive acts or practices on the part of a prepaid legal services company is a violation of the Consumer Protection Code and subject to all of the remedies of Chapter 6. Repeated or systematic failure to abide by the terms of a filed contract or repeated or systematic use of false, misleading, unfair or deceptive acts or practices on the part of a prepaid legal services company are grounds for revocation or refusal to register the company or for disallowance for entering new contracts with the public or segments of the public until the violations are remedied to the satisfaction of the department.
HISTORY: 2000 Act No. 328, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-10. Citation of chapter.

This chapter may be cited as the "Discount Medical Plan Organization Registration Act".
HISTORY: 2000 Act No. 400, Section 3; 2001 Act No. 82, Section 6, eff July 20, 2001; 2006 Act No. 377, Section 1, eff January 1, 2007.