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South Carolina Consumer Protection Code Protects You From Debt Collectors

In addition to any actual damages, a consumer can recover a penalty of between $100 and $1000 from a debt collector or creditor who is found in violation of the law. For conduct defined as unconscionable under this state law, the court must also award the consumer’s reasonable attorneys’ fees.

Many consumers wait too long before deciding to contact an attorney. They suffer unnecessarily.

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Violations include the following:

  • Communicating with a consumer or a family member at frequent intervals during a twenty-four hour period or at unusual hours or under other circumstances that infer harassment
  • Communicating with a consumer when the creditor or debt collector knows the consumer is represented by an attorney
  • Contacting a consumer at his or her place of employment after the consumer or the employer has requested in writing that no contact be made there
  • Communicating with anyone other than the consumer, his or her attorney, a consumer credit reporting agency or an attorney for the creditor or debt collector, unless the consumer has given direct permission
  • Using any fraudulent, deceptive, or misleading representation in connection with the collection of a consumer debt
  • Falsely representing the character, amount, or legal status of a debt
  • Falsely representing that someone is an attorney is communicating on behalf of an attorney
  • Claiming or implying that failing to pay a debt will result in garnishment, seizure, or attachment of a consumer’s money or property unless the remedy is legally permitted to the creditor and the claim is not used for the purpose of harassment or abuse of process
  • Causing or threatening to cause injury to a consumer’s reputation or economic status by disclosing information affecting the consumer’s reputation for creditworthiness with reason to know that the information is false
  • Lawsuits against consumers arising from a consumer credit transaction must be filed in the county South Carolina where the consumer resides (unless there is land securing the consumer’s obligation to pay that is located in another county – for example, a foreclosure action)

The laws described on this page are set forth in full in the South Carolina Code Annotated, Title 37, Chapter 1, Section 301 and Chapter 5, Sections 101-303.

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In addition to rules covering the actions of creditors and collection agencies under your state’s laws, the Fair Debt Collection Practices Act (FDCPA) provides rules protecting consumers from illegal actions of debt collectors, and it applies equally in every state. This means that even if your state laws cannot help you, the FDCPA applies in many more situations.

In fact, certain sections of the laws listed in the available download may have been redacted for brevity.

If you want to find out more about how these laws pertain to your specific situation, please call us at (877) 846-1209 for a free case review with an experienced consumer law attorney. If you prefer, fill out our free case review form and we will contact you.