South Carolina Code of Laws
Chapter 39 - Pawnbrokers
Section 40-39-40. Unauthorized fees prohibited; violative pawn transaction ramifications.

(A) No pawnbroker may charge or collect any fees, costs, or assessments of any kind or nature other than those specifically allowed under this chapter.
(B) A person who makes a pawn transaction in violation of this chapter:
(1) may not collect, receive, or retain any interest or charges on the loan in violation of this chapter; and
(2) has no right to possess the pledged goods.
HISTORY: 1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 7, eff June 9, 2016.
Effect of Amendment
2016 Act No. 262, Section 7, inserted paragraph designator (A), and added (B), relating to violative pawn transaction ramifications.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 39 - Pawnbrokers

Section 40-39-10. Definitions.

Section 40-39-20. Department of Consumer Affairs to regulate pawnbrokers; certificate of authority to operate pawnbroker business; background checks; persons ineligible for certificate of authority.

Section 40-39-30. Certificate of authority required for each business location; penalties; location of retained pledged goods; posting of operation hours.

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 40-39-70. Recordkeeping; identity verifications; only owners or their agents may pawn or sell.

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 40-39-120. Certificate of authority renewals; penalties for noncompliance; limited operations after lapses.

Section 40-39-130. Pawnbrokers to comply with federal law; enforcement powers of administrator.

Section 40-39-140. Third-party ownership of pledge and sold property; returns; pawnbroker remedies and liability exemption.

Section 40-39-145. Hold orders.

Section 40-39-150. Administrative orders; penalties.

Section 40-39-155. Contested case hearings.

Section 40-39-160. Violations of Sections 40-39-80, 40-39-90, 40-39-100, 40-39-110, and 40-39-130; pledgor's cause of action against pawnbroker.