(A) A person who violates this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. If it is determined by a court of competent jurisdiction that a violation is wilful, the court may impose a fine of not less than five hundred fifty dollars for each violation.

(B) A consumer injured or damaged by an act in violation of this chapter or regulation promulgated pursuant to it, whether or not there is a criminal conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies:

Terms Used In South Carolina Code 37-7-117

  • Consumer: means consumer as defined in § 37-1-301(10). See South Carolina Code 37-7-101
  • Conviction: A judgement of guilt against a criminal defendant.
  • Credit counseling organization: means a person providing or offering to provide to consumers credit counseling services for a fee, compensation, or gain, or in the expectation of a fee, compensation, or gain, including debt management plans. See South Carolina Code 37-7-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means any individual, corporation, partnership, association, unincorporated organization, or other form of entity, however organized, including a nonprofit organization. See South Carolina Code 37-7-101

(1) actual damages;

(2) punitive damages; and

(3) the costs of the action, including reasonable attorney’s fees.

(C) An action brought pursuant to this chapter must be commenced within three years from the latest of the:

(1) consumer’s last transmission of funds to the credit counseling organization;

(2) credit counseling organization’s last disbursement to the consumer’s creditors;

(3) credit counseling organization’s last accounting to the consumer; or

(4) date on which the consumer reasonably discovered or reasonably should have discovered the facts giving rise to the consumer’s claim.

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