(1) If a pawnbroker violates Section 40-39-80, 40-39-100, 40-39-110, or 40-39-130, the pledgor has a cause of action to recover from the pawnbroker actual damages and the right in an action other than a class action to recover from the person violating these provisions a penalty in an amount to be determined by the court of not less than one hundred nor more than one thousand dollars. No action pursuant to this subsection may be brought more than one year after the scheduled or accelerated maturity of the debt.
(2) A pledgor is not obligated to pay a charge in excess of that allowed by this chapter, and has a right of refund of any excess charge paid within ten days of written demand. A refund may not be made by reducing the consumer's obligation by the amount of the excess charge unless the pawnbroker has notified the pledgor that the pledgor may request a refund and the pledgor has not so requested within ten days thereafter.
(3) In an action in which it is found that a pawnbroker has violated this chapter, the court shall award to the pledgor the costs of the action and to the pledgor's attorney reasonable fees. In determining attorney's fees the amount of recovery on behalf of the consumer is not controlling.
(4) Liability to the pledgor for violation of Section 40-39-130 is in lieu of and not in addition to his liability under the Federal Truth in Lending Act. No action with respect to the same violation may be maintained pursuant to both subsection (1) of this section and the Federal Truth in Lending Act.
(5) A pawnbroker who knowingly and intentionally violates the provisions of Section 40-39-90 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. A violation of the provisions of this section is triable in magistrates or municipal court, as appropriate.
HISTORY: 1988 Act No. 491, Section 2; 2018 Act No. 191 (S.810), Section 4, eff August 15, 2018.
Effect of Amendment
2018 Act No. 191, Section 4, added (5), relating to violations of Section 40-39-90.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-39-10. Definitions.
Section 40-39-40. Unauthorized fees prohibited; violative pawn transaction ramifications.
Section 40-39-50. Bonding and insurance requirements; notice of potential threats to pawned goods.
Section 40-39-55. Periodic dollar amount adjustments.
Section 40-39-60. Actions on bond.
Section 40-39-80. Pawn tickets; content requirements; executions; special circumstances.
Section 40-39-90. Recordkeeping; electronic transfers; database.
Section 40-39-100. Charges on loans.
Section 40-39-110. Vesting of title to pledged property.
Section 40-39-130. Pawnbrokers to comply with federal law; enforcement powers of administrator.
Section 40-39-145. Hold orders.
Section 40-39-150. Administrative orders; penalties.