(1) Except as otherwise provided in this title, a buyer, lessee, or debtor may not waive or agree to forego rights or benefits under this title.
(2) A claim by a buyer, lessee, or debtor against a creditor for an excess charge, other violation of this title, or civil penalty, or a claim against a buyer, lessee, or debtor for default or breach of a duty imposed by this title, if disputed in good faith, may be settled by agreement.
(3) A claim, whether or not disputed, against a buyer, lessee, or debtor may be settled for less value than the amount claimed.
(4) A settlement in which the buyer, lessee, or debtor waives or agrees to forego rights or benefits under this title is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the buyer, lessee, or debtor, any deception or coercion practiced upon him, the nature and extent of the legal advice received by him, and the value of the consideration are relevant to the issue of unconscionability.
HISTORY: 1962 Code Section 8-800.107; 1974 (58) 2879; 1984 Act No. 261, Section 1.
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Chapter 1 - General Provisions And Definitions
Section 37-1-101. Short title.
Section 37-1-102. Purposes; rules of construction.
Section 37-1-103. Supplementary general principles of law applicable.
Section 37-1-104. Construction against implicit repeal.
Section 37-1-105. Severability.
Section 37-1-106. Conflict with Consumer Finance Law.
Section 37-1-107. Waiver; agreement to forego rights; settlement of claims.
Section 37-1-108. Effect of title on powers of organizations.
Section 37-1-109. Change of dollar amounts used in the Consumer Protection Code.
Section 37-1-201. Territorial application.
Section 37-1-203. Jurisdiction and service of process.
Section 37-1-301. General definitions.
Section 37-1-302. Definition of "Federal Consumer Credit Protection Act".