reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-20. Definitions.

As used in this chapter:
(1) "Administrator" means the administrator of the South Carolina Department of Consumer Affairs.
(2) "Discount medical plan organization" means an entity that, in exchange for fees, dues, charges, or other consideration, provides access for customers to providers of health care services and the right to receive health care services from those providers at a discount. There can be only one discount medical plan organization for each discount program. The discount medical plan organization is the organization that contracts with providers, provider networks, or other discount medical plan organizations to offer access to medical or ancillary services at a discount and determines the charge to discount medical plan customers.
(3) "Health care services" means any care, service, or treatment of an illness or dysfunction of, or injury to, the human body. Health care services includes, but is not limited to, physician care, inpatient care, hospital surgical services, emergency medical services, ambulance services, dental care services, vision care services, mental health care services, substance abuse services, chiropractic services, podiatric services, laboratory test services, the provision of medical equipment or supplies, and pharmaceutical supplies or prescriptions.
(4) "Department" means the South Carolina Department of Consumer Affairs.
(5) "Marketer" means a corporation, partnership, or other business entity including, but not limited to, a health maintenance organization, an insurance company, or third party payor, who sells, markets, promotes, advertises, or distributes a discount medical plan or other purchasing mechanism or device that purports to offer discounts or access to discounts from the health care providers described in item (3) in this State on behalf of a discount medical plan organization.
(6) "Representative" means an individual who is designated by a discount medical plan organization, as defined in this section, and acts or aids on behalf of the discount medical plan organization in the solicitation, negotiation, or renewal of a discount medical plan with respect to South Carolina citizens.
(7) "Customer" means an individual who pays for the right to receive the benefits of a discount medical plan.
(8) "Medicare prescription drug plan" means a plan that provides a Medicare Part D prescription drug benefit in accordance with the requirements of the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA).
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-50. Representative or marketer status.

(A) An individual may not act as a representative of a discount medical plan organization without the discount medical plan organization having registered with the department in accordance with Section 37-17-40(A). A marketer may not act on behalf of a discount medical plan organization without a discount medical plan organization having registered with the department. Registration as a representative or marketer must be made to the department in writing or electronically through a list provided by the discount medical plan organization in accordance with Section 37-17-40(C).
(B) The discount medical plan organization shall furnish information concerning the representative's identity and business address. Filings are good for one year and run from February first until January thirty-first. The annual renewal period begins January first and ends January thirty-first.
(C) Representative or marketer status may be denied or revoked if the department has multiple founded complaints against the representative or marketer following the department's investigation or if the department has unanswered or unresolved complaints against the representative or marketer. Violations of Title 37 within ten years may serve as grounds for denial or revocation of registration status.
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-52. Information provided to applicant.

(A) A discount medical plan organization shall provide to an applicant, the time of application, information that describes the terms and conditions of the discount medical plan, including limitations or restrictions on the refund of processing fees or periodic charges associated with the discount medical plan, and to a new customer, a written document that contains the terms and conditions of the discount medical plan.
(B) The written document required pursuant to subsection (A) must be clear and include:
(1) the name of the customer;
(2) the benefits to be provided under the discount medical plan;
(3) processing fees and periodic charges associated with the discount medical plan including any limitations or restrictions on the refund of processing fees and periodic charges;
(4) the mode and timing of payment of processing fees and periodic charges and procedures for changing the mode of payment;
(5) any limitations, exclusions, or exceptions regarding the receipt of discount medical plan benefits;
(6) waiting periods for certain medical or ancillary services under the discount medical plan;
(7) procedures for obtaining discounts under the discount medical plan, such as requiring customers to contact the discount medical plan organization to make an appointment with a provider on the customer's behalf;
(8) cancellation procedures including information on the customer's thirty-day cancellation rights and refund requirements and procedures for obtaining refunds;
(9) renewal, termination, and cancellation terms and conditions;
(10) procedures for adding new customers to a family discount medical plan, if applicable;
(11) procedures for filing complaints under the discount medical plan organization's complaint system; and
(12) the name and mailing address of the registered discount medical plan organization or other entity where the customer can make inquiries about the plan, send cancellation notices and file complaints.
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-55. Cancelation of membership; disclosures on initial contact; cancellation by customer.

(A) If the discount medical plan organization cancels a membership for any reason other than nonpayment of fees by the customer, the discount medical plan organization shall make prorated reimbursement of all periodic charges to the customer.
(B) If the initial contact with the prospective customer is by telephone, disclosures must be made orally and included in the initial written materials that describe the benefits under the discount medical plan provided to the prospective or new customer and disclose that:
(1) the plan is not insurance;
(2) the range of discounts for medical or ancillary services provided under the plan will vary depending on the type of provider and medical or ancillary service received;
(3) unless the discount medical plan organization has an active certificate of authority to act as a third party administrator, the plan does not make payments to providers for the medical or ancillary services received under the discount medical plan;
(4) the customer is obligated to pay for all medical or ancillary services, but receives a discount from those providers that have contracted with the discount medical plan organization; and
(5) there is a toll-free telephone number and Internet website address for the registered discount medical plan organization for prospective customers and customers to obtain additional information about and assistance on the discount medical plan and up-to-date lists of providers participating in the discount medical plan, and that number and website address.
(C) A discount medical plan issued for delivery in this State is returnable or cancelable, within thirty days of the date of delivery of the card or a longer period if provided in the purchase agreement, by the customer or user for any reason, and the customer must receive a full refund of all fees, except nominal fees associated with enrollment costs, that were part of the cost of the card.
(1) A discount medical plan organization may not charge or collect a fee including a cancellation fee after a customer or user has given the organization notice of the customer's intention to return or cancel the plan.
(2) A discount medical plan organization shall ensure that each customer or user receives with the card a notice stating the terms under which the discount medical plan may be returned or cancelled. A discount medical plan returned or cancelled in accordance with this section is void from the date of purchase.
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-60. Application of chapter.

This chapter does not apply to:
(1) a pharmacy holding a permit or a company that owns one or more pharmacies holding a permit issued pursuant to Chapter 43, Title 40, that offers prescription discounts only from pharmacies;
(2) a benefit or program offered by a health insurer, health care service contractor, or health maintenance organization regulated pursuant to Title 38. A health insurer, health care service contractor, or health maintenance organization regulated pursuant to Title 38 that offers a discount medical plan that is not offered in conjunction with a health insurance plan it administers shall provide the department written notice of the name under which such a discount medical plan is offered and the telephone number and mailing address at which the plan can be contacted. The notice required by this subsection shall be provided to the department within thirty days of the initial offering of new medical discount plans in this State, and within ninety days of the effective date of this chapter for existing plans;
(3) an insured benefit administered by, or under contract with, the State of South Carolina; or
(4) a patient access program voluntarily sponsored by a pharmaceutical manufacturer, or a consortium of pharmaceutical manufacturers that provides free or discounted products directly to individuals either through a discount or direct shipment.
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-70. Administrative appeals.

An appeal concerning disciplinary action, a denial of an application for a new or renewal registration, a revocation or suspension of a registration, or a determination that a representative is unqualified must be made pursuant to the Administrative Procedures Act and the rules governing practice before the Administrative Law Court. A contested hearing pursuant to this chapter is before the Administrative Law Court, with notice to, and an opportunity for a hearing by, the affected discount medical plan organization, marketer, or representative.
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-80. Hearings before Administrative Law Court; assessment of administrative penalties.

(A) The department may file a request for a contested case hearing with the Administrative Law Court for an order requiring a person to cease and desist or an order revoking, suspending, or vacating the certificate of authority of a person, if the Administrative Law Court finds, after a hearing that the person:
(1) has violated or failed to comply with a provision of this chapter or a regulation promulgated pursuant to the authority of this chapter;
(2) has obtained a certificate of authority through wilful misrepresentation or fraud;
(3) has engaged in a fraudulent or deceptive practice;
(4) has wilfully, orally or in writing, misrepresented the terms, benefits, privileges, and provisions of a discount medical plan issued or to be issued by it;
(5) is unable to meet obligations as determined by generally accepted accounting principles;
(6) has, after notice to the person of an alleged occurrence of any of items (1) through (5), refused without just cause to submit relevant information to the administrator with respect to its services within this State.
(B) Instead of revocation, suspension, or refusal to continue a certificate of authority for a violation or violations of items (1) through (6) of subsection (A), the administrative law judge may assess an administrative penalty of not less than one hundred nor more than ten thousand dollars for each violation. These penalties may be assessed in connection with orders to cease and desist.
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-90. Cease and desist orders.

Upon satisfactory evidence that a discount medial plan organization 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 discount medical plan organization to cease and desist from engaging in the violation or may revoke or suspend the discount medical plan organization's registration.
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-100. Request for reinstatement hearing following revocation or denial of renewal.

If a registration is revoked or renewal is denied, the affected discount medical plan organization may request a reinstatement hearing after a minimum of one year. The department may reinstate or renew the registration only if the cause of the nonrenewal or revocation has been corrected.
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 17 - Discount Medical Plan Organizations › Section 37-17-110. Assessment of costs.

A discount medical plan organization that is found to be engaged in unlawful conduct may be assessed the reasonable costs necessary to the investigation, disciplinary proceedings, court proceedings, or other actions to enforce the provisions of this chapter.
HISTORY: 2006 Act No. 377, Section 1, eff January 1, 2007.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 20 - Consumer Identity Theft Protection › Section 37-20-120. Verification of addresses.

(A) A consumer credit-reporting agency must give notice to each creditor who uses a consumer report if the agency becomes aware that an application to a card issuer to open a new seller or lender credit card account bears an address for the consumer that is different from the address in its file of the consumer.
(B) A seller or lender credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a seller or lender credit card listing an address that is substantially different from the address on the offer or solicitation shall verify the change of address by contacting the person to whom the solicitation or offer was mailed, or by using other reasonable means of verifying the account holder's identity.
(C) When a seller or lender credit card issuer receives a written or oral request for a change of the cardholder's billing address and within a period not to exceed thirty days after the requested address change receives a written or oral request for an additional credit card, the credit card issuer may not mail the requested additional credit card to the new address or activate the requested additional credit card unless the issuer has verified the change of address.
(D) This section does not apply to a person that sends or receives address discrepancy notices in compliance with 15 U.S.C. 1681c(h) or regulations promulgated pursuant to it.
HISTORY: 2008 Act No. 190, Section 2, eff December 31, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 20 - Consumer Identity Theft Protection › Section 37-20-130. Initiating law enforcement investigation of identity theft.

A person who learns or reasonably suspects that the person is the victim of identity theft may initiate a law enforcement investigation by reporting to a local law enforcement agency that has jurisdiction over the person's actual legal residence. The law enforcement agency shall take the report, provide the complainant with a copy of the report, and begin an investigation.
HISTORY: 2008 Act No. 190, Section 2, eff December 31, 2008; 2013 Act No. 15, Section 2, eff April 23, 2013.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 20 - Consumer Identity Theft Protection › Section 37-20-140. Reflection of innocence of identity theft victim of crime committed using name in court records of person convicted of committing identity theft; petition for expedited judicial determination of factual innocence.

(A) If a person is convicted of unlawfully obtaining the personal identifying information of another person without the other person's authorization and using that information to commit a crime, the court records must reflect that the person whose identity was falsely used to commit the crime did not commit the crime.
(B) A person who reasonably believes that he is the victim of identity theft may petition the circuit court or have the County Office of Victims' Assistance petition the circuit court on his behalf, for an expedited judicial determination of his factual innocence, if the identity thief was arrested for and convicted of a crime under the victim's identity, or if the victim's identity has been mistakenly associated with a record of criminal conviction. A judicial determination of factual innocence made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties. If the court determines that the petition is meritorious and that there is no reasonable cause to believe that the petitioner committed the offense for which the identity thief was arrested and convicted, the court shall find the petitioner factually innocent of that offense and issue an order certifying the determination and ordering the expunction of the erroneous conviction.
(C) A court may at any time vacate the determination of factual innocence if information submitted in support of the petition is found to contain material misrepresentation or fraud.
HISTORY: 2008 Act No. 190, Section 2, eff December 31, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 20 - Consumer Identity Theft Protection › Section 37-20-150. Records of individuals who have been victims of identity theft to be maintained by State Law Enforcement Division; submission of fingerprints and other required information by victims.

(A) The State Law Enforcement Division shall establish and maintain appropriate records of individuals who have been the victims of identity theft. The records will be maintained in a computerized database at such time that funds are appropriated to the State Law Enforcement Division. Access to the records is limited to criminal justice agencies, except that a victim of identity theft, or his authorized representative, shall have access to the records in order to establish that he is a victim of identity theft.
(B) A victim of identity theft must submit to the State Law Enforcement Division a copy of the police report, a full set of fingerprints, or other relevant information required by the State Law Enforcement Division for the inclusion in the records of identity theft victims. The State Law Enforcement Division shall verify the identity of the victim against a driver's license or other identification records maintained by the Department of Motor Vehicles or by other agencies.
HISTORY: 2008 Act No. 190, Section 2, eff December 31, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 20 - Consumer Identity Theft Protection › Section 37-20-190. Requirements for disposition of business records; exceptions.

(A) When a business disposes of a business record that contains personal identifying information of a customer of a business, the business shall modify, by shredding, erasing, or other means, the personal identifying information to make it unreadable or undecipherable.
(B) A business is considered to comply with subsection (A) if it contracts with a person engaged in the business of disposing of records for the modification of personal identifying information on behalf of the business in accordance with subsection (A).
(C) This section does not apply to:
(1) a bank or financial institution that is subject to and in compliance with the privacy and security provision of the Gramm-Leach-Bliley Act;
(2) a health insurer that is subject to and in compliance with the standards for privacy of individually identifiable health information and the security standards for the protection of electronic health information of the Health Insurance Portability and Accountability Act of 1996; or
(3) a consumer credit-reporting agency that is subject to and in compliance with the federal Fair Credit Reporting Act.
HISTORY: 2008 Act No. 190, Section 2, eff December 31, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 20 - Consumer Identity Theft Protection › Section 37-20-200. Penalties imposed on consumer credit-reporting agencies for violation of chapter.

(A) In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that wilfully violates a provision of this chapter is liable for three times the amount of actual damages or not more than one thousand dollars for each incident, whichever is greater, as well as reasonable attorney's fees and costs.
(B) In addition to all other penalties that may be imposed, a consumer credit-reporting agency or other person that negligently violates this chapter is liable for actual damages and reasonable attorney's fees and costs.
(C) In addition to the damages assessed pursuant to subsections (A) and (B), if the injury is to the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, employment options, or eligibility for insurance, and results from the failure to place and enforce the security freeze provided for in Section 37-20-160 and the failure is not corrected by the consumer credit-reporting agency within ten days after the entry of a judgment for damages, the assessed damages must be increased to not more than one thousand dollars each day until the security freeze is imposed.
(D) A consumer seeking damages pursuant to this section also may institute a civil action to enjoin and restrain future acts constituting a violation of this chapter.
(E) The remedial provisions of this chapter are cumulative of and in addition to any other action at law and any action taken by the Department of Consumer Affairs pursuant to Chapter 6.
(F) This section is not intended, and must not be construed, to confer liability on a person who acts reasonably and who does not act wilfully or grossly negligent.
(G) Damages provided by this section do not apply to Section 37-20-170.
HISTORY: 2008 Act No. 190, Section 2, eff December 31, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 21 - South Carolina Telephone Privacy Protection Act › Section 37-21-30. Time restrictions on telephone solicitation.

A telephone solicitor may not initiate, or cause to be initiated, a telephone solicitation at any time other than between 8:00 a.m. and 9:00 p.m. local time at the consumer's location, unless the telephone solicitor has obtained the prior written consent of the consumer.
HISTORY: 2018 Act No. 218 (H.4628), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 21 - South Carolina Telephone Privacy Protection Act › Section 37-21-40. Disclosure of certain information at the outset of and during a telephone solicitation.

(A) At the outset of a telephone solicitation, a telephone solicitor shall provide, in a clear and conspicuous manner, a first and last name to identify himself and provide the name of the person on whose behalf the telephone solicitation is being made and promptly disclose to the consumer the following information:
(1) a telephone number and address at which the telephone solicitor may be contacted;
(2) the purpose of the telephone solicitation;
(3) that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the consumer. If requested by that person, the telephone solicitor must disclose the no purchase/no payment entry method for the prize promotion; and
(4) the option to be added to the telephone solicitor's in-house 'do not call' list if the consumer requests being added to such list, confirmation that the consumer's name and telephone number will be placed on such list.
(B) At the time of solicitation or offering, the telephone solicitor shall further disclose:
(1) a reasonable and good-faith estimate of the total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the solicitation or offer; and
(2) if the telephone solicitor, or the person on whose behalf the telephone solicitation is being made, has a policy of not making refunds, cancellations, exchanges, or repurchases, a statement informing the consumer of that policy.
(C) If the consumer indicates that he does not want to hear the offer, the telephone solicitor must immediately end the contact.
HISTORY: 2018 Act No. 218 (H.4628), Section 1, eff May 18, 2018.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 21 - South Carolina Telephone Privacy Protection Act › Section 37-21-50. Accuracy of caller identification information required; exceptions.

(A) Notwithstanding another provision of law, a person may not, with the intent to defraud, harass, cause harm or wrongfully obtain anything of value, including, but not limited to, financial resources or personal identifying information as defined by Section 16-13-510, make, place, or initiate a call or text message or engage in conduct that results in the display of misleading, false or inaccurate caller identification information on the receiving party's telephone or otherwise circumvent caller identification technology that allows the receiving party to identify from what phone number, location, or organization the call or text message has originated from or misrepresent the origin and nature of the call or text message. A person may not, with the intent described in this subsection:
(1) display a South Carolina area code on the recipient's caller identification system unless the person making, placing, or initiating the call or text message maintains a physical presence in the State; or
(2) display the receiving party's telephone number on the contacted party's caller identification system.
(B) the provisions of subsection (A) do not apply to a provider of landline or wireless communications services merely by virtue of its involvement in delivering a call or text message initiated by or on behalf of a third party, unless the provider provides substantial assistance or support to the telephone solicitor initiating the call when the provider knows or consciously avoids knowing such telephone solicitor is engaged in any act or practice that violates this chapter.
(C) A telephone solicitor who makes a telephone solicitation shall transmit the telephone number, and, when available by the telephone solicitor's carrier, the name of the telephone solicitor; provided, however, that it is not a violation of this subsection to substitute the name of the person on behalf of whom the telephone solicitation is initiated and the customer service telephone number of that person. The number provided must permit, during regular business hours, a consumer to make a request not to receive telephone solicitations.
(D) This section shall not apply to:
(1) lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency, a State, or a political subdivision of a State, or of an intelligence agency of the United States; or
(2) activity engaged in pursuant to a court order that specifically authorizes the use of caller identification manipulation.
HISTORY: 2018 Act No. 218 (H.4628), Section 1, eff May 18, 2018.
Validity
For the validity of this section, see United Resource Systems, Inc. v. Wilson, 614 F.Supp.3d 243 (2022).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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,".
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.