South Carolina Code of Laws
Title 37 - Consumer Protection Code

Section 37-2-105. "Goods"; "merchandise certificate"; "services"; "sale of goods"; "sale of services"; "sale of an interest in land"; "precomputed" defined. - (1) "Goods" includes goods not in existence at the time...

Section 37-2-106. "Consumer lease" defined. - (1) "Consumer lease" means a lease of goods: (a) which...

Section 37-2-107. "Seller" defined. - Except as otherwise provided, "seller" includes an assignee of the...

Section 37-2-108. "Revolving charge account" defined. - "Revolving charge account" means an arrangement between a seller and...

Section 37-2-109. "Credit service charge" defined. - "Credit service charge" means the sum of: (1) all charges...

Section 37-2-110. "Cash price" defined. - Except as the administrator may otherwise prescribe by rule, the...

Section 37-2-111. "Amount financed" defined. - "Amount financed" means the total of the following items to...

Section 37-2-201. Credit service charge for consumer credit sales. - (1) With respect to a consumer credit sale, including a...

Section 37-2-202. Additional charges. - (1) In addition to the credit service charge permitted by...

Section 37-2-203. Delinquency charges. - (1) With respect to a consumer credit sale including an...

Section 37-2-204. Deferral charges. - (1) In this section and in the provisions on rebate...

Section 37-2-205. Credit service charge on refinancing. - With respect to a consumer credit sale, refinancing, or consolidation,...

Section 37-2-206. Credit service charge on consolidation. - If a buyer owes an unpaid balance to a seller...

Section 37-2-207. Credit service charge for revolving charge accounts. - (1) With respect to a consumer credit sale made pursuant...

Section 37-2-208. Advances to perform covenants of buyer. - (1) If the agreement with respect to a consumer credit...

Section 37-2-209. Right to prepay. - Subject to the provisions on rebate upon prepayment (Section 37-2-210),...

Section 37-2-210. Rebate upon prepayment. - (1) Except as otherwise provided in this section, upon prepayment...

Section 37-2-301. Compliance with Federal Truth in Lending Act. - A person upon whom the Federal Truth in Lending Act...

Section 37-2-302. Receipts; statement of account; evidence of payment. - (1) The creditor shall deliver or mail to the consumer,...

Section 37-2-303. Notice to cosigner and similar parties. - (1) A natural person, other than the spouse of the...

Section 37-2-304. Advertising. - (1) A seller or lessor may not advertise, print, display,...

Section 37-2-305. Filing and posting maximum rate schedule. - (1) Every creditor (Section 37-1-301(13)), intending to impose a credit...

Section 37-2-306. Notice of assumption of rights. - (A) Every creditor engaged in this State in making consumer...

Section 37-2-307. Motor vehicle sales contracts closing fees. - (A)(1) Every motor vehicle dealer charging closing fees on a...

Section 37-2-308. Disclosures for motor vehicle sales or leases; credit and lease advertising; penalties and hearing rights. - (A) As used in this section, unless the context requires...

Section 37-2-309. Manufactured home credit disclosure; material terms. - (A) An estimate of the disclosures required by Section 37-2-301...

Section 37-2-401. Scope. - This part applies to consumer credit sales and consumer leases....

Section 37-2-402. Use of multiple agreements. - A seller may not use multiple agreements with respect to...

Section 37-2-403. Certain negotiable instruments prohibited. - With respect to a consumer credit sale or consumer lease,...

Section 37-2-404. Assignee subject to claims and defenses. - (1) With respect to a consumer credit sale or consumer...

Section 37-2-405. Balloon payments. - (1) Except as provided in subsection (2), if any scheduled...

Section 37-2-406. Restriction on liability in consumer lease. - The obligation of a lessee upon expiration of a consumer...

Section 37-2-407. Security in sales and leases. - (1) With respect to a consumer credit sale, a seller...

Section 37-2-408. Cross-collateral. - (1) In addition to contracting for a security interest pursuant...

Section 37-2-409. Debt secured by cross-collateral. - (1) If debts arising from two or more consumer credit...

Section 37-2-410. No assignment of earnings. - A seller or lessor may not take an assignment of...

Section 37-2-411. Referral sales and leases. - With respect to a consumer credit sale or consumer lease,...

Section 37-2-412. Notice of assignment. - The buyer or lessee is authorized to pay the original...

Section 37-2-413. Attorney's fees. - (1) With respect to a consumer credit sale or consumer...

Section 37-2-414. Limitation on default charges. - Except for reasonable expenses incurred in realizing on a security...

Section 37-2-415. Authorization to confess judgment prohibited. - A buyer or lessee may not authorize any person to...

Section 37-2-416. Change in terms of revolving charge accounts. - (1) Whether or not a change is authorized by prior...

Section 37-2-501. Definition: "home solicitation sale". - "Home solicitation sale" means a consumer credit sale of goods...

Section 37-2-502. Buyer's right to cancel. - (1) Except as provided in subsection (5), in addition to...

Section 37-2-503. Form of agreement or offer; statement of buyer's rights. - (1) In a home solicitation sale, unless the buyer requests...

Section 37-2-504. Restoration of down payment. - (1) Within ten days after a notice of cancellation has...

Section 37-2-505. Duty of buyer; no compensation for services before cancellation. - (1) Except as provided by the provisions on retention of...

Section 37-2-506. Compliance with Federal Trade Commission Trade Regulation Rule. - A seller may elect to comply with the Federal Trade...

Section 37-2-601. Sales subject to title by agreement of parties. - The parties to a sale other than a consumer credit...

Section 37-2-605. Credit service charge for other sales. - With respect to a sale other than a consumer credit...

Section 37-2-701. Definitions. - In this Part: (1) "Advertisement" means a commercial message in...

Section 37-2-702. Required disclosures; manner of disclosure; when disclosures required. - (1) In a consumer rental-purchase agreement, the lessor shall disclose...

Section 37-2-703. Renegotiation; extension of agreement. - (a) A renegotiation occurs when an existing consumer rental-purchase agreement...

Section 37-2-704. Advertisements; statement of terms. - (1) If an advertisement for a consumer rental-purchase agreement refers...

Section 37-2-705. Delinquency charges. - (1) With respect to a consumer rental-purchase agreement, the parties...

Section 37-2-706. Deposits; delivery charges; pick up charges. - (1) In a consumer rental-purchase agreement, the lessor may contract...

Section 37-2-707. Charge for default of lessee. - Except as specifically provided for in this part, a consumer...

Section 37-2-708. Use of note as evidence of consumer's obligation. - With respect to a consumer rental-purchase agreement, the lessor may...

Section 37-2-709. Assignment; claims or defenses. - (1) With respect to a consumer rental-purchase agreement, an assignee...

Section 37-2-710. Assignment of earnings. - A lessor may not take an assignment of earnings of...

Section 37-2-711. Lessee's rights and obligations upon assignment. - The lessee is authorized to pay the original lessor until...

Section 37-2-712. Confession of judgment. - A lessee may not authorize any person to confess judgment...

Section 37-2-713. Lessee's right to return property, continue rental, or purchase property before end of rental-purchase agreement. - In a consumer rental-purchase agreement, at any time after the...

Section 37-2-714. Lessee's right to reinstatement of rental-purchase agreement. - (1) A lessee who fails to make timely periodic payment...

Chapter 3 - Loans

Section 37-3-101. Short title. - This chapter shall be known and may be cited as...

Section 37-3-102. Scope. - This chapter applies to consumer loans including supervised loans and,...

Section 37-3-103. Index of definitions. - The following definitions apply to this title and appear in...

Section 37-3-104. "Consumer loan" defined. - Except as provided in Section 37-3-105, "consumer loan" is a...

Section 37-3-105. First mortgage real estate loans. - (1) Except as otherwise provided in subsection (2), unless the...

Section 37-3-106. "Loan" defined. - "Loan" includes: (1) the creation of debt by the lender's...

Section 37-3-107. "Lender"; "precomputed"; "principal" defined. - (1) Except as otherwise provided "lender" includes an assignee of...

Section 37-3-108. "Revolving loan account" defined. - "Revolving loan account" means an arrangement between a lender and...

Section 37-3-109. "Loan finance charge" defined. - (1) "Loan finance charge" means the sum of: (a) all...

Section 37-3-200. Restricted loans and restricted lenders. - This part does not apply to restricted loans or restricted...

Section 37-3-201. Loan finance charge for consumer loans. - (1) With respect to a consumer loan, including a loan...

Section 37-3-202. Additional charges. - (1) In addition to the loan finance charge permitted by...

Section 37-3-203. Delinquency charges. - (1) With respect to a consumer loan including an open-end...

Section 37-3-204. Deferral charges. - (1) In this section and in the provisions on rebate...

Section 37-3-205. Loan finance charge on refinancing. - With respect to a consumer loan, refinancing, or consolidation, the...

Section 37-3-206. Loan finance charge on consolidation. - (1) If a debtor owes an unpaid balance to a...

Section 37-3-207. Conversion to revolving loan account. - The parties may agree to add to a revolving loan...

Section 37-3-208. Advance to perform covenants of debtor. - (1) If the agreement with respect to a consumer loan,...

Section 37-3-209. Right to prepay. - Subject to the provisions on rebate upon prepayment (Section 37-3-210),...

Section 37-3-210. Rebate upon prepayment. - (1) Except as otherwise provided in this section, upon prepayment...

Section 37-3-301. Application of and compliance with Federal Truth in Lending Act. - A person upon whom the Federal Truth in Lending Act...

Section 37-3-302. Receipts; statements of account; evidence of payment. - (1) The creditor shall deliver or mail to the debtor,...

Section 37-3-303. Notice to cosigners and similar parties. - (1) A natural person, other than the spouse of the...

Section 37-3-304. Advertising. - (1) A lender may not advertise, print, display, publish, distribute,...

Section 37-3-305. Filing and posting maximum rate schedule. - (1) Every creditor (Section 37-1-301(13)), other than an assignee of...

Section 37-3-306. Notice of assumption rights. - (1) Every creditor engaged in this State in making consumer...

Section 37-3-308. Manufactured home loan disclosure; material terms. - (A) An estimate of the disclosures required by Section 37-3-301...

Section 37-3-401. Scope. - This part applies to consumer loans. HISTORY: 1962 Code Section...

Section 37-3-402. Balloon payments. - (1) Except as provided in subsection (2), if any scheduled...

Section 37-3-403. No assignment of earnings. - (1) A lender may not take an assignment of earnings...

Section 37-3-404. Attorney's fees. - (1) Except as provided by the provisions on limitations on...

Section 37-3-405. Charges as a result of default prohibited except as authorized by title. - Except for reasonable expenses incurred in realizing on a security...

Section 37-3-406. Notice of assignment. - The debtor is authorized to pay the original lender until...

Section 37-3-407. Authorization to confess judgment prohibited. - A debtor may not authorize any person to confess judgment...

Section 37-3-408. Change in terms of revolving loan accounts. - (1) Whether or not a change is authorized by prior...

Section 37-3-409. Use of multiple agreements. - A lender may not use multiple agreements with intent to...

Section 37-3-410. Lender subject to claims and defenses arising from sale and leases. - (1) A lender, except the issuer of a lender credit...

Section 37-3-411. Card issuer subject to claims and defenses. - (1) This section neither limits the liability of nor imposes...

Section 37-3-412. Variable interest rate real estate mortgage loans. - With respect to a consumer loan which is secured in...

Section 37-3-413. Short-term vehicle secured loans; notice to borrower. - (1) A "short-term vehicle secured loan" means a nonpurchase money...

Section 37-3-500. Scope. - Except as provided in Section 37-3-512, this Part shall not...

Section 37-3-501. Definitions: "supervised loan"; "supervised lender"; "restricted loan"; "restricted lender". - (1) "Supervised loan" means a consumer loan in which the...

Section 37-3-502. Authority to make supervised loans. - Unless a person is a supervised financial organization or has...

Section 37-3-503. License to make supervised loans. - (1) The State Board of Financial Institutions shall receive and...

Section 37-3-504. Revocation or suspension of license. - (1) The State Board of Financial Institutions may issue to...

Section 37-3-505. Records; annual reports. - (1) Every licensee shall maintain records in conformity with generally...

Section 37-3-506. Examinations and investigations. - (1) The State Board of Financial Institutions shall examine periodically...

Section 37-3-507. Application of Part on Administrative Procedure and Judicial Review. - Except as otherwise provided, the part on Administrative Procedure and...

Section 37-3-509. Use of multiple agreements. - With respect to a supervised loan, no lender may use...

Section 37-3-510. Restrictions on interest in land as security. - (1) With respect to a supervised loan in which the...

Section 37-3-511. Regular schedule of payments; maximum loan term. - Supervised loans, in which the rate of loan finance charge...

Section 37-3-512. Conduct of business other than making loans. - (1) Except as provided in subsection (2), a restricted lender...

Section 37-3-513. Application of other provisions. - Except as otherwise provided, all provisions of this title applying...

Section 37-3-514. Limitation on attorney's fees. - With respect to a supervised loan with a loan finance...

Section 37-3-515. Loan renewal limitations. - A licensed lender may not renew a loan of one...

Section 37-3-601. Loans subject to this Title by agreement of parties. - The parties to a loan other than a consumer loan...

Section 37-3-605. Loan finance charge for other loans. - With respect to a loan other than a consumer loan,...

Chapter 4 - Insurance

Section 37-4-101. Short title. - This chapter shall be known and may be cited as...

Section 37-4-102. Scope. - (1) Except as provided in subsection (2), this chapter applies...

Section 37-4-103. "Consumer credit insurance" defined. - In this title "consumer credit insurance" means insurance, other than...

Section 37-4-104. Creditor's provision of and charge for insurance; excess amount of charge. - (1) Except as otherwise provided in this chapter and subject...

Section 37-4-105. Conditions applying to insurance to be provided by creditor. - (A) If a creditor agrees with a debtor to provide...

Section 37-4-106. Unconscionability. - (1) In applying the provisions of this title on unconscionability...

Section 37-4-107. Maximum charge by creditor for insurance. - (1) Except as provided in subsection (2), if a creditor...

Section 37-4-108. Refund or credit required; amount. - (1) Upon prepayment in full of a consumer credit sale...

Section 37-4-109. Existing insurance; choice of insurer. - If a creditor requires insurance, upon notice to the creditor...

Section 37-4-110. Charge for insurance in connection with a deferral, refinancing or consolidation; duplicate charges. - (1) A creditor may not contract for or receive a...

Section 37-4-111. Cooperation between administrator and the Director of the Department of Insurance. - The administrator and the Director of the Department of Insurance...

Section 37-4-112. Administrative action of Director of the Department of Insurance. - (1) To the extent that his responsibility under this chapter...

Section 37-4-201. Term of insurance; medical evidence of insurability disclosure requirements. - (1) Consumer credit insurance provided by a creditor may be...

Section 37-4-202. Amount of insurance. - (1) Except as provided in subsection (2), (a) In the...

Section 37-4-203. Filing and approval of rates and forms. - (1) A creditor may not use a form or a...

Section 37-4-204. Minimum charges and retentions. - Notwithstanding any other provision of law, credit life, property, and...

Section 37-4-205. Payment on legitimate insurance claim; damages; fees; costs. - No person may act or attempt in a consumer credit...

Section 37-4-206. Required disclosures; need for debtor to sign. - Notwithstanding the requirements of Sections 37-2-202(2), 37-3-202(2), 37-4-110(1)(e), and 37-4-201(3)(b)...

Section 37-4-207. Misrepresentation of medical condition as basis for voiding insurance. - A policy or certificate may not be declared void and...

Section 37-4-208. Amount charged for nonfiling insurance coverage. - The amount charged for nonfiling insurance coverage may not exceed...

Section 37-4-209. Combining disclosures. - Nothing in this chapter shall be construed to prohibit the...

Section 37-4-210. What constitutes disability. - Disability shall not be defined more restrictively than the inability...

Section 37-4-301. Property insurance. - (1) A creditor may not contract for or receive a...

Section 37-4-302. Insurance on creditor's interest only. - If a creditor contracts for or receives a separate charge...

Section 37-4-303. Liability insurance. - A creditor may not contract for or receive a separate...

Section 37-4-304. Cancellation by creditor. - A creditor shall not request cancellation of a policy of...

Chapter 5 - Remedies And Penalties

Section 37-5-101. Short title. - This chapter shall be known and may be cited as...

Section 37-5-102. Scope. - This part applies to actions or other proceedings to enforce...

Section 37-5-103. Restrictions on deficiency judgments in consumer credit sales. - (1) This section applies to a deficiency on a consumer...

Section 37-5-104. No garnishment. - With respect to a debt arising from a consumer credit...

Section 37-5-106. No discharge from employment for garnishment. - No employer shall discharge an employee for the reason that...

Section 37-5-107. Extortionate extensions of credit. - (1) If it is the understanding of the creditor and...

Section 37-5-108. Unconscionability; inducement by unconscionable conduct. - (1) With respect to a transaction that is, gives rise...

Section 37-5-109. Default. - An agreement of the parties to a consumer credit transaction...

Section 37-5-110. Notice of consumer's right to cure. - (1) With respect to a secured or unsecured consumer credit...

Section 37-5-111. Cure of default. - (1) With respect to a secured or unsecured consumer credit...

Section 37-5-112. Creditor's right to take possession after default. - Upon default by a consumer with respect to a consumer...

Section 37-5-113. Venue, complaint, stay of enforcement of or relief from default judgment. - An action by a creditor against a consumer arising from...

Section 37-5-114. Complaint; proof; entry of default judgment. - (1) In an action brought by a creditor against a...

Section 37-5-115. Stay of enforcement of or relief from default judgment. - Except as otherwise set forth in this section, at any...

Section 37-5-117. Lien, or submission of debt to credit bureau or reporting agency, by health care services provider; notice required; penalties. - A provider of health care services must give twenty days...

Section 37-5-202. Effect of violations on rights of parties. - (1) If a creditor has violated any provisions of this...

Section 37-5-203. Civil liability for violation of disclosure provisions. - (1) Except as otherwise provided in this section, a creditor...

Section 37-5-205. Refunds and penalties as setoff to obligation. - Refunds or penalties to which the debtor is entitled pursuant...

Section 37-5-301. Wilfull violations. - (1) A lender who wilfully makes charges in excess of...

Section 37-5-302. Disclosure violations. - A person is guilty of a misdemeanor and upon conviction...

Section 37-5-303. Fraudulent use of cards. - (1) For the purposes of this section: (a) "credit card"...

Chapter 6 - Administration

Section 37-6-101. Short title. - This chapter shall be known and may be cited as...

Section 37-6-102. Applicability. - This part applies to persons in this State who: (1)...

Section 37-6-103. "Administrator" defined. - "Administrator" means the officer appointed by the Commission on Consumer...

Section 37-6-104. Powers of administrator; harmony with Federal regulations; reliance on rules; duty to report. - (1) In addition to other powers granted by this title,...

Section 37-6-105. Administrative powers with respect to supervised financial organizations. - (1) With respect to supervised financial organizations, the powers of...

Section 37-6-106. Investigatory powers. - (1) If the administrator has probable cause to believe that...

Section 37-6-107. Administrative actions. - Except as otherwise provided, the Administrative Procedures Act applies to...

Section 37-6-108. Administrative enforcement orders. - (A) After notice, the administrator may order a creditor, a...

Section 37-6-109. Assurance of discontinuance. - If it is claimed that a person has engaged in...

Section 37-6-110. Injunctions against violations of title. - The administrator may bring a civil action to restrain any...

Section 37-6-111. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct. - (1) The administrator may bring a civil action to restrain...

Section 37-6-112. Temporary relief. - With respect to an action brought to enjoin violations of...

Section 37-6-113. Civil actions by administrator. - (A) After demand, the administrator may bring a civil action...

Section 37-6-115. Remedies not affected. - The grant of powers to the administrator in this chapter...

Section 37-6-116. Venue. - The administrator may bring actions or proceedings in a court...

Section 37-6-117. Administrative responsibilities respecting consumer protection generally. - In addition to his powers and responsibilities relating to consumer...

Section 37-6-118. Investigation of unfair trade practices in consumer transactions. - (1) Whenever the administrator receives a complaint against a person...

Section 37-6-119. Trade practices targeting vulnerable adults prohibited; penalties. - (A) For the purpose of this section: (1) "Personal identifying...

Section 37-6-201. Applicability. - This part applies to a person engaged in this State...

Section 37-6-202. Notification. - (1) Persons subject to this part shall file notification with...

Section 37-6-203. Fees. - A person required to file notification shall pay on or...

Section 37-6-204. Notification; persons making consumer rental-purchase agreements. - In lieu of the notification requirements of Section 37-6-202, persons...

Section 37-6-301. Council of Advisors on Consumer Credit. - (1) There is hereby created the Council of Advisors on...

Section 37-6-302. Function of council; conflict of interest. - The council shall advise and consult with the administrator concerning...

Section 37-6-303. Meetings. - The council and the administrator shall meet together at a...

Section 37-6-401. Applicability and scope; conflict with Administrative Procedures Act. - This part applies to the administrator, prescribes the procedures to...

Section 37-6-402. "Contested case"; "license"; "licensing"; "party"; "rule" defined. - In this part: (1) "Contested case" means a proceeding including,...

Section 37-6-403. Public information; adoption of rules; availability of rules and orders. - (1) In addition to other rule-making requirements imposed by law,...

Section 37-6-404. Procedure for adoption of rules. - (1) Prior to the adoption, amendment, or repeal of any...

Section 37-6-405. Filing and taking effect of rules. - (1) The administrator shall file in the office of the...

Section 37-6-406. Publication of rules. - (1) The Secretary of State shall compile, index, and publish...

Section 37-6-407. Petition for adoption of rules. - An interested person may petition the administrator requesting the promulgation,...

Section 37-6-408. Declaratory judgment on validity or applicability of rules. - The validity or applicability of a rule may be determined...

Section 37-6-409. Declaratory rulings by administrator. - The administrator shall provide by rule for the filing and...

Section 37-6-410. Contested cases; notice; hearing; records. - (1) In a contested case, all parties shall be afforded...

Section 37-6-411. Rules of evidence; official notice. - In contested cases: (1) Irrelevant, immaterial, or unduly repetitious evidence...

Section 37-6-412. Decisions and orders. - A final decision or order adverse to a party in...

Section 37-6-413. Licenses. - (1) When the grant or denial of a license is...

Section 37-6-414. Contested case hearings before the Administrative Law Court. - (A) A person who has exhausted all administrative remedies available...

Section 37-6-501. Department of Consumer Affairs; Commission on Consumer Affairs; administrator. - There is hereby created: (a) The Department of Consumer Affairs;...

Section 37-6-502. Members of Commission on Consumer Affairs; terms; vacancies. - The Commission on Consumer Affairs shall be composed of nine...

Section 37-6-503. Quorum; meetings. - A majority of the members shall constitute a quorum. The...

Section 37-6-504. Bonds of Commission members. - Each member of the Commission other than ex officio shall,...

Section 37-6-505. Compensation and expenses of Commission members. - Each member of the Commission other than ex officio shall...

Section 37-6-506. Powers and duties of Commission. - (1) The Commission shall be the policymaking and governing authority...

Section 37-6-507. Qualifications of administrator. - The administrator shall be a person of good moral character,...

Section 37-6-508. Deputy administrator. - The administrator, with the approval of the commission, may designate...

Section 37-6-509. Oath and bond of administrator. - The administrator shall take the oath of office prescribed for...

Section 37-6-510. Personnel. - The administrator shall prepare in writing a manual of necessary...

Section 37-6-511. Department to maintain file for each creditor of rate schedules filed by creditor; certified copies; fees. - The Department of Consumer Affairs shall maintain a file for...

Section 37-6-512. Advisory committee of persons with cognizable handicaps. - The Administrator of the Department of Consumer Affairs acting as...

Section 37-6-601. Division of Consumer Advocacy created. - There is created within the Department of Consumer Affairs the...

Section 37-6-602. Consumer Advocate; qualifications. - The Consumer Advocate may be the Administrator of Consumer Affairs...

Section 37-6-603. Staff and expenses. - The Division of Consumer Advocacy must be staffed and equipped...

Section 37-6-604. Functions and duties of division. - (A) The functions and duties of the Division of Consumer...

Section 37-6-605. Access to records of state agencies and insurance companies. - In the performance of his assigned functions, the Consumer Advocate...

Section 37-6-606. Petitions filed by advocate with regulatory agencies in interest of consumers. - (A) Except as provided in Section 37-6-604(C), whenever the Consumer...

Section 37-6-607. Advocate may maintain actions for judicial review. - The Consumer Advocate is considered to have an interest sufficient...

Section 37-6-608. Temporary staff; compensation. - To the extent necessary to carry out the consumer advocacy...

Section 37-6-609. Discretion as to Consumer Advocate's decisions. - Decisions of the Consumer Advocate respecting whether, when, or how...

Chapter 7 - Consumer Credit Counseling

Section 37-7-101. Definitions. - As used in this chapter: (1) "Consumer" means consumer as...

Section 37-7-102. Licensing requirement. - A person may not engage in credit counseling services in...

Section 37-7-103. Surety bonds. - (A) A credit counseling organization may not offer or agree...

Section 37-7-104. License application as credit counseling organization and credit counselor; contents; fee. - (A) A person required to be licensed as a credit...

Section 37-7-105. Continuing professional education requirements. - (A) Licensees must complete at least twelve hours of continuing...

Section 37-7-106. Grounds for refusal to license, suspension, revocation or refusal to renew. - The department may refuse to license an applicant or suspend...

Section 37-7-107. Issuance or denial of license; contents and posting; renewal. - (A) Upon the filing of a complete application for a...

Section 37-7-108. Requirements for engaging in credit counseling services or debt management plans; preparation and contents of budget analysis; notice regarding services. - A credit counseling organization, through its credit counselors, may not...

Section 37-7-109. Debt management plan; fee; form for consent of creditors; notice of plan to creditors; presumed consent. - (A) Upon establishing a debt management plan for a debtor,...

Section 37-7-110. Written contract; contents; required disclosures; cancellation of plan. - (A) A written contract is required. A service that requires...

Section 37-7-111. Funds paid to licensee for distribution to creditors; trust accounts; duties and responsibilities. - (A) Funds paid to the licensee by or on behalf...

Section 37-7-112. Fees. - A licensee may not charge a consumer a fee except...

Section 37-7-113. Individualized counseling and education session. - A licensee shall provide the consumer with an individualized counseling...

Section 37-7-114. Records; maintenance and preservation. - (A) Each credit counseling organization shall maintain and preserve in...

Section 37-7-115. Annual reports; occurrences triggering other reports. - (A) Each credit counseling organization licensed pursuant to this chapter...

Section 37-7-116. Prohibited acts. - (A) A licensee may not: (1) obtain an agreement from...

Section 37-7-117. Violations and penalties; civil action by consumer; limitations. - (A) A person who violates this chapter is guilty of...

Section 37-7-118. Violation of Unfair Trade Practices Act. - A violation of a provision of this chapter is considered...

Section 37-7-119. Cease and desist orders; penalties for noncompliance; revocation of license; increase of bond. - (A) Upon the finding that an action of a licensee...

Section 37-7-120. Appeals. - Within thirty days after the final decision of the department...

Section 37-7-121. Regulations. - The department may promulgate regulations necessary to effectuate the purposes...

Section 37-7-122. Use of application and renewal fees. - All application and renewal fees collected by the department may...

Chapter 8 - Wage Earner Receivership - CHAPTER 8 Wage Earner Receivership (Reserved for Future Use)

Chapter 9 - Effective Date And Repealer

Section 37-9-101. Time of taking effect; provisions for transition. - (1) Except as otherwise provided in this section, this title...

Section 37-9-102. Continuation of licensing. - (A) All persons now or hereafter holding a license under...

Section 37-9-103. Relationship between separate subsidiary corporations; obligations of parent and subsidiary. - A wholly owned subsidiary of a parent corporation which subsidiary...

Chapter 10 - Miscellaneous Loan Provisions

Section 37-10-101. Scope. - Except as otherwise provided in other chapters of this title,...

Section 37-10-102. Attorney's fees and other charges on mortgage loans for personal, family or household purposes. - Whenever the primary purpose of a loan that is secured...

Section 37-10-103. Prepayment of loans of one hundred fifty thousand dollars or less. - The debtor may prepay in full at any time without...

Section 37-10-104. Agricultural loans under twenty-five thousand dollars. - With respect to a loan under which the aggregate of...

Section 37-10-105. Violations; civil actions. - (A) If a creditor violates a provision of this chapter,...

Section 37-10-106. Maximum rate of interest; legal rate of interest. - (1) No greater interest than six percent per annum shall...

Section 37-10-107. Certain legal or equitable actions prohibited. - (1) No person may maintain an action for legal or...

Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities

Section 37-11-10. Short title. - This chapter may be cited as the "State Continuing Care...

Section 37-11-20. Definitions. - As used in this chapter unless the context otherwise requires:...

Section 37-11-30. Licensing of continuing care retirement community. - (A) A continuing care retirement community must not be operated...

Section 37-11-35. Continuing care retirement community contracts and agreements. - (A) A continuing care contract and a reservation agreement must...

Section 37-11-40. Determination of financial responsibility of applicant for license. - (A) Within sixty days of the receipt of a completed...

Section 37-11-50. Preliminary licenses. - (A) The department shall issue a preliminary license to a...

Section 37-11-60. Disclosure requirements; retirement community complaint system. - At the time of, or before, the execution of a...

Section 37-11-70. Itemized billing requirements. - A continuing care retirement community subject to the provisions of...

Section 37-11-80. Regulations; examination of affairs of retirement community and health care providers; communities and providers to submit books and records. - The department shall promulgate regulations in accordance with the Administrative...

Section 37-11-90. Certain entrance fees or reservation deposits to be placed in escrow account; release of funds; exemptions from provisions of this section. - (A) A continuing care retirement community is exempt from the...

Section 37-11-95. Approval required prior to declaring or distributing dividend or similar distribution. - (A) An operator shall obtain approval from the department before...

Section 37-11-100. Disciplinary actions; sanctions; assessment of costs. - (A) For the purposes of this section, "conviction" includes a...

Section 37-11-105. Financial plan in case of insolvency or danger of insolvency; penalty for failure to implement approved plan. - (A) At any time when the department has reason to...

Section 37-11-120. Injunctions; criminal penalties. - The department, in accordance with the laws of the State...

Section 37-11-125. Enforcement actions. - The department or the Attorney General may file an action...

Section 37-11-130. Waiver of certain requirements for certain retirement communities. - The department may waive any of the requirements of Section...

Section 37-11-135. Exemptions; letter of nonapplicability. - A facility that does not require payment of an entrance...

Section 37-11-137. Retention and use of funds. - All funds collected by the department pursuant to this chapter...

Section 37-11-140. Effective date of chapter; exceptions. - (A) The provisions of Section 37-11-35 do not apply to...

Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles

Section 37-13-10. Definitions. - As used in this chapter: (1) "Buyer" means a purchaser...

Section 37-13-20. Unlawful acts. - A sublease arranger commits an offense if the sublease arranger...

Section 37-13-30. Violation by other person not a defense to prosecution of sublease arranger; sublease arranger may not shift duties. - It is not a defense to prosecution under Section 37-13-20...

Section 37-13-40. Civil penalties for violation of chapter; remedies. - A buyer, lessee, sublessee, secured party, or lessor injured or...

Section 37-13-50. Criminal penalties for violations of chapter. - A person who violates this chapter or regulations promulgated pursuant...

Section 37-13-60. Promulgation of regulations by Department of Consumer Affairs. - The Department of Consumer Affairs may promulgate regulations governing: (1)...

Section 37-13-70. Education of public and enforcement of chapter by Department of Consumer Affairs. - Consistent with this chapter, the Department of Consumer Affairs may...

Section 37-13-80. Promulgation of regulations as to licensing requirements; licensing fee. - If the Department of Consumer Affairs promulgates regulations on licensing...

Section 37-13-90. Rights and remedies in addition to other rights and remedies. - The rights and remedies in this chapter are in addition...

Chapter 15 - Prizes And Gifts

Section 37-15-10. Short title. - This chapter may be cited as the Prizes and Gifts...

Section 37-15-20. Definitions. - As used in this chapter: (1) "Anything of value", "item...

Section 37-15-30. Restrictions on representation that a person has won a prize or contest. - (A) No person, in connection with the sale, lease, or...

Section 37-15-40. Form and content of disclosures required as prerequisites to representation that person has chance to win something; exceptions; publisher of violative material not liable. - (A) No person, in connection with the sale, lease, or...

Section 37-15-50. Restriction of representation that person has been specially selected. - (A) No person may represent that another person has been...

Section 37-15-60. Use of simulated checks or invoices restricted. - In connection with a consumer transaction, no person may issue...

Section 37-15-70. Payment of excessive shipping or handling charges as precondition of receipt of gift or prize prohibited. - (A) It is unlawful to notify a person that the...

Section 37-15-80. Civil actions to enforce chapter; costs. - A consumer who suffers loss by reason of a violation...

Section 37-15-90. Violation of this chapter is unfair trade practice. - A violation of this chapter constitutes a prohibited practice under...

Section 37-15-100. Procedures exempted from application of sections 37-15-40 through 37-15-70. - Sections 37-15-40 through 37-15-70 do not apply to the sale,...

Chapter 16 - Prepaid Legal Services

Section 37-16-10. Definitions. - As used in this chapter: (1) "Department" means the Department...

Section 37-16-20. Registration; bond or letter of credit. - Before commencing business in South Carolina, regardless of the means...

Section 37-16-30. Appointment of sales person as company representative; filing of name, address, and telephone number; renewal; fees; refusal or revocation of appointment. - Before any sales or solicitation activity commences, a person seeking...

Section 37-16-40. Annual registration; affirmation of continuation of bond; fee. - (A) No later than March first of each year, commencing...

Section 37-16-50. Prior approval of contracts; required provisions as to selection of attorney; approval process. - Contracts offering prepaid legal services must be filed with the...

Section 37-16-60. Complaints. - A consumer aggrieved by a prepaid legal company may file...

Section 37-16-70. Contested case hearing with Administrative Law Court. - (A) The department may file a request for a contested...

Section 37-16-80. Failure to abide by contract; use of false, or deceptive acts or practices; repeated or systematic failure to comply or engaging in deceptive acts; sanctions. - For purposes of this chapter, the failure to abide by...

Section 37-16-90. Promulgation of rules and regulations. - The department is authorized to promulgate rules and regulations for...

Chapter 17 - Discount Medical Plan Organizations

Section 37-17-10. Citation of chapter. - This chapter may be cited as the "Discount Medical Plan...

Section 37-17-20. Definitions. - As used in this chapter: (1) "Administrator" means the administrator...

Section 37-17-30. Discount medical plan organizations; organizational, marketing and advertising requirements. - (A) It is unlawful for a discount medical plan organization...

Section 37-17-40. Registration and renewal; list of authorized representatives and marketers. - (A) A discount medical plan organization applying for an initial...

Section 37-17-50. Representative or marketer status. - (A) An individual may not act as a representative of...

Section 37-17-52. Information provided to applicant. - (A) A discount medical plan organization shall provide to an...

Section 37-17-55. Cancelation of membership; disclosures on initial contact; cancellation by customer. - (A) If the discount medical plan organization cancels a membership...

Section 37-17-60. Application of chapter. - This chapter does not apply to: (1) a pharmacy holding...

Section 37-17-70. Administrative appeals. - An appeal concerning disciplinary action, a denial of an application...

Section 37-17-80. Hearings before Administrative Law Court; assessment of administrative penalties. - (A) The department may file a request for a contested...

Section 37-17-90. Cease and desist orders. - Upon satisfactory evidence that a discount medial plan organization has...

Section 37-17-100. Request for reinstatement hearing following revocation or denial of renewal. - If a registration is revoked or renewal is denied, the...

Section 37-17-110. Assessment of costs. - A discount medical plan organization that is found to be...

Section 37-17-120. Promulgation of regulations. - The department may promulgate regulations necessary to effectuate the purposes...

Chapter 20 - Consumer Identity Theft Protection

Section 37-20-110. Definitions. - For purposes of this chapter: (1) "Consumer" means an individual...

Section 37-20-120. Verification of addresses. - (A) A consumer credit-reporting agency must give notice to each...

Section 37-20-130. Initiating law enforcement investigation of identity theft. - A person who learns or reasonably suspects that the person...

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...

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...

Section 37-20-160. Security freezes on consumer files; request for replacement personal identification number or password; consumer reporting agency duties and responsibilities; exceptions. - (A) On written request sent by certified mail or electronic...

Section 37-20-161. Security freezes by consumer reporting agencies for protected consumers. - (A) For purposes of this section: (1) "Protected consumer" means...

Section 37-20-170. Disputes as to accuracy of consumer records; penalties for wilful or negligent violations; attorney fees; civil damages and injunctive relief. - (A) If a consumer disputes the accuracy of an item...

Section 37-20-180. Restrictions on publication and use of social security numbers; exceptions. - (A) Except as provided in subsection (B), a person may...

Section 37-20-190. Requirements for disposition of business records; exceptions. - (A) When a business disposes of a business record that...

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...

Chapter 21 - South Carolina Telephone Privacy Protection Act

Section 37-21-10. Short title. - This chapter may be known and cited as the "South...

Section 37-21-20. Definitions. - As used in this chapter: (1) "Consumer" means a natural...

Section 37-21-30. Time restrictions on telephone solicitation. - A telephone solicitor may not initiate, or cause to be...

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...

Section 37-21-50. Accuracy of caller identification information required; exceptions. - (A) Notwithstanding another provision of law, a person may not,...

Section 37-21-60. Prerecorded identifications and opt-out messages. - When a live telephone solicitor is not available to speak...

Section 37-21-70. Unwanted telephone solicitations; Do Not Call Registry; affirmative defense. - (A) A person may not initiate, or cause to be...

Section 37-21-80. Remedies; injunctions. - (A) A person who is aggrieved by a violation of...

Section 37-21-90. Administrative orders; Attorney General investigations; civil penalties. - (A) The administrator, upon finding a violation of this chapter,...

Section 37-21-100. Construction of chapter. - Nothing in this chapter must be construed to limit any...

Chapter 22 - Mortgage Lending

Section 37-22-110. Definitions. - The following definitions apply in this chapter: (1) "Act as...

Section 37-22-120. Licensing requirements. - (A) Without first obtaining a license pursuant to this chapter...

Section 37-22-130. Contested case proceedings; appeals. - (A) A person aggrieved by an administrative order issued by...

Section 37-22-140. Application for licensure; information required; identification of managing principal; filing fee; surety bond; issuance of license. - (A) A person desiring to obtain a license pursuant to...

Section 37-22-150. Expiration and renewal of licenses; fingerprint check; assignment or transfer of license. - (A) All licenses issued by the commissioner pursuant to this...

Section 37-22-160. Continuing professional education. - (A) As a condition of license renewal, a licensee must...

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...

Section 37-22-180. Notice of change of address; display of license. - (A) A licensee shall report to the commissioner a change...

Section 37-22-190. Prohibited activities; violation of state or federal law. - (A) In addition to the activities prohibited by other provisions...

Section 37-22-200. Powers of commissioner relating to denial, suspension, revocation or refusal to renew license; surrender; investigations and subpoena of documents. - (A) The commissioner, by order, may deny, suspend, revoke, or...

Section 37-22-210. Commissioner's records; segregated escrow funds; licensee ceasing business activities. - (A) The commissioner shall keep a list of all applicants...

Section 37-22-220. Maintenance of records by licensee; annual mortgage reports. - (A) A licensee shall maintain records in conformity with generally...

Section 37-22-230. Violations of chapter; penalties. - A person who wilfully violates a provision of this chapter...

Section 37-22-240. Criminal background checks. - Using the information supplied by the commissioner, the applicant must...

Section 37-22-250. Funds payable to commissioner. - All funds specified in this chapter must be paid to...

Section 37-22-260. Promulgation of regulations. - (A) The commissioner may promulgate regulations necessary to effectuate the...

Section 37-22-270. Participation in Nationwide Mortgage Licensing System and Registry. - (A) The commissioner may participate in a Nationwide Mortgage Licensing...

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...

Section 37-23-20. Definitions. - For purposes of this chapter: (1) "Affiliate" means a company...

Section 37-23-30. High-cost home loan agreements. - A high-cost home loan agreement may not contain: (1) a...

Section 37-23-40. Lender limitations. - The lender of a high-cost home loan may not: (1)...

Section 37-23-45. Disclosure; form. - (A) At the time the borrower receives the good faith...

Section 37-23-50. Borrower's right in action for violations; penalties; statute of limitations; enforcement; costs; application of article. - (A) If a lender, or party charged with a violation,...

Section 37-23-60. Bona fide error; restitution. - A lender of a high-cost home loan who acts in...

Section 37-23-70. Prohibited acts; complaints; penalties; statute of limitations; enforcement; costs. - (A) A lender may not engage knowingly or intentionally in...

Section 37-23-75. Disclosure; form. - (A) At the time the borrower receives the loan estimate...

Section 37-23-80. Prepayment. - The debtor may prepay in full at any time without...

Section 37-23-85. Compliance failure. - A lender of a consumer home loan who acts in...

Chapter 25 - Limitations On Dispensing Of An Ophthalmic Contact Lens Or Lenses

Section 37-25-10. Definitions. - As used in this section: (1) "Contact lens prescription" means...

Section 37-25-20. Prescription required. - It is unlawful for a person to dispense an ophthalmic...

Section 37-25-30. Prescription; contents. - A contact lens prescription must include: (1) ophthalmic information necessary...

Section 37-25-40. Prescription; time valid. - A prescription for a contact lens without power sold for...

Section 37-25-50. Contact lens fitting; when complete and prescription written. - A contact lens fitting is complete and a contact lens...

Section 37-25-60. Release of prescription. - A contact lens prescription, written and signed by an optometrist...

Section 37-25-70. Penalties; contested case hearing; order for enforcement. - (A) A person who offers to dispense or dispenses contact...

Section 37-25-80. Immunity. - A licensed optometrist or ophthalmologist who has prescribed contact lenses...

Chapter 29 - Palmettopride

Section 37-29-100. PalmettoPride established; purpose. - There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant...

Section 37-29-110. Board of directors; appointment of members; terms; vacancies. - PalmettoPride is governed by a board of directors composed of...

Section 37-29-120. Appointment of staff and Executive Coordinator; annual budget. - The chairman of the board is authorized to make all...

Section 37-29-130. Acceptance of gifts; receipt and expenditure of public funds appropriated. - PalmettoPride may accept gifts, bequests, and grants from any person...

Chapter 30 - Guaranteed Asset Protection

Section 37-30-100. Purpose of chapter. - (A) The purpose of this chapter is to provide a...

Section 37-30-110. Definitions. - For purposes of this chapter: (1) "Borrower" means a debtor,...

Section 37-30-120. Offering and sale of GAP waivers in state. - (A) The offering and sale of GAP waivers in this...

Section 37-30-130. Insurance policy insuring a GAP waiver. - (A) A contractual liability or other insurance policy insuring a...

Section 37-30-140. GAP waiver disclosures. - (A) A GAP waiver must include the following terms in...

Section 37-30-150. Cancellation of GAP waiver. - (A)(1) A GAP waiver must include a term stating that...

Section 37-30-160. Enforcement of chapter. - Pursuant to Chapter 6, Title 37, the Administrator of the...

Section 37-30-175. Civil actions. - A consumer who suffers loss by reason of a violation...

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South Carolina Code of Laws Title 37 - Consumer Protection Code

South Carolina Code of Laws
Title 37 - Consumer Protection Code