(A) Every creditor engaged in this State in making consumer credit sales pursuant to a seller credit card shall:
(1) file on or before January thirty-first of each year with the Department of Consumer Affairs for every seller card plan it offers to South Carolina residents the disclosures required for credit and charge card applications and solicitations by the Federal Truth-in-Lending Act, Federal Reserve Board Regulation Z, Section 226.5a(b), 12 C.F.R. Section 226.5a(b), and any amendments or replacements. The disclosures required by this section must be based on fees and charges and other terms in effect as of December thirty-first of the prior year. The required disclosures may be filed by providing one or more actual applications or solicitations used by the creditor which contain the required disclosures or by providing the disclosures on one or more of the Model Forms in Appendix G of Federal Reserve Board Regulation Z. The annual filing fee for each creditor is twenty dollars, payable at the time the disclosures are filed regardless of the number of filings; and
(2) file with the Department of Consumer Affairs current figures on the disclosures required by item (1) within thirty days after receiving a written request for this information from the administrator. No filing fee may be imposed for this information request.
(B) Failure to file the disclosures required by this section and any errors in these disclosures does not affect the validity of any transaction or the maximum rates or charges in any transaction made by the creditor, but the creditor is subject to the administrative remedies in Part 1 of Chapter 6.
HISTORY: 1982 Act No. 385, Section 21; 1991 Act No. 142, Section 7.
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Section 37-2-101. Short title.
Section 37-2-103. Index of definitions in chapter.
Section 37-2-104. "Consumer credit sale" defined.
Section 37-2-106. "Consumer lease" defined.
Section 37-2-107. "Seller" defined.
Section 37-2-108. "Revolving charge account" defined.
Section 37-2-109. "Credit service charge" defined.
Section 37-2-110. "Cash price" defined.
Section 37-2-111. "Amount financed" defined.
Section 37-2-201. Credit service charge for consumer credit sales.
Section 37-2-202. Additional charges.
Section 37-2-203. Delinquency charges.
Section 37-2-204. Deferral charges.
Section 37-2-205. Credit service charge on refinancing.
Section 37-2-206. Credit service charge on consolidation.
Section 37-2-207. Credit service charge for revolving charge accounts.
Section 37-2-208. Advances to perform covenants of buyer.
Section 37-2-209. Right to prepay.
Section 37-2-210. Rebate upon prepayment.
Section 37-2-301. Compliance with Federal Truth in Lending Act.
Section 37-2-302. Receipts; statement of account; evidence of payment.
Section 37-2-303. Notice to cosigner and similar parties.
Section 37-2-304. Advertising.
Section 37-2-305. Filing and posting maximum rate schedule.
Section 37-2-306. Notice of assumption of rights.
Section 37-2-307. Motor vehicle sales contracts closing fees.
Section 37-2-309. Manufactured home credit disclosure; material terms.
Section 37-2-402. Use of multiple agreements.
Section 37-2-403. Certain negotiable instruments prohibited.
Section 37-2-404. Assignee subject to claims and defenses.
Section 37-2-405. Balloon payments.
Section 37-2-406. Restriction on liability in consumer lease.
Section 37-2-407. Security in sales and leases.
Section 37-2-408. Cross-collateral.
Section 37-2-409. Debt secured by cross-collateral.
Section 37-2-410. No assignment of earnings.
Section 37-2-411. Referral sales and leases.
Section 37-2-412. Notice of assignment.
Section 37-2-413. Attorney's fees.
Section 37-2-414. Limitation on default charges.
Section 37-2-415. Authorization to confess judgment prohibited.
Section 37-2-416. Change in terms of revolving charge accounts.
Section 37-2-501. Definition: "home solicitation sale".
Section 37-2-502. Buyer's right to cancel.
Section 37-2-503. Form of agreement or offer; statement of buyer's rights.
Section 37-2-504. Restoration of down payment.
Section 37-2-505. Duty of buyer; no compensation for services before cancellation.
Section 37-2-506. Compliance with Federal Trade Commission Trade Regulation Rule.
Section 37-2-601. Sales subject to title by agreement of parties.
Section 37-2-605. Credit service charge for other sales.
Section 37-2-701. Definitions.
Section 37-2-702. Required disclosures; manner of disclosure; when disclosures required.
Section 37-2-703. Renegotiation; extension of agreement.
Section 37-2-704. Advertisements; statement of terms.
Section 37-2-705. Delinquency charges.
Section 37-2-706. Deposits; delivery charges; pick up charges.
Section 37-2-707. Charge for default of lessee.
Section 37-2-708. Use of note as evidence of consumer's obligation.
Section 37-2-709. Assignment; claims or defenses.
Section 37-2-710. Assignment of earnings.
Section 37-2-711. Lessee's rights and obligations upon assignment.
Section 37-2-712. Confession of judgment.
Section 37-2-714. Lessee's right to reinstatement of rental-purchase agreement.