§ 37-6-113 — Civil actions by administrator.

South Carolina § 37-6-113

• Jurisdiction: South Carolina
• Title 37: CONSUMER PROTECTION CODE
• Ch. 6: ADMINISTRATION

Text

(A) After demand, the administrator may bring a civil action against a creditor or a person subject to this title to recover actual damages sustained and excess charges paid by one or more consumers who have a right to recover explicitly granted by this title. In a civil action pursuant to this subsection, penalties must not be recovered by the administrator. The court shall order amounts recovered pursuant to this subsection to be paid to each consumer or set off against his obligation. A consumer's action, except a class action, takes precedence over a prior or subsequent action by the administrator with respect to the claim of that consumer. A consumer's class action takes precedence over a subsequent action by the administrator with respect to claims common to both actions, but the administrator may intervene. An administrator's action on behalf of a class of consumers takes precedence over a consumer's subsequent class action with respect to claims common to both actions. Whenever an action takes precedence over another action pursuant to this subsection, the latter action may be stayed to the extent appropriate while the precedent action is pending and dismissed if the precedent action is dismissed with prejudice or results in a final judgment granting or denying the claim asserted in the precedent action. A defense available to a respondent in a civil action brought by a consumer under this title is available to him in a civil action brought pursuant to this subsection. (B) The administrator may bring a civil action against a creditor, a person acting in his behalf, or a person subject to this title to recover a civil penalty of no more than five thousand dollars for repeatedly and intentionally violating this title. A civil penalty pursuant to this subsection must not be imposed for a violation of this title occurring more than two years before the action is brought. (C) The administrator may bring a civil action or an administrative action, as provided in Section 37-6-108, against a creditor for failure to file notification in accordance with the provisions on notification pursuant to Section 37-6-202 or to pay fees in accordance with the provisions on fees pursuant to Section 37-6-203 to recover the fees the defendant has failed to pay and a civil penalty in an amount determined by the court not exceeding the greater of three times the amount of fees the defendant has failed to pay or one thousand dollars.

Legislative History

HISTORY: 1962 Code SECTION 8-800.383; 1974 (58) 2879; 1976 Act No. 686 SECTION 48; 1991 Act No. 142, SECTION 18; 2001 Act No. 82, SECTIONS 4, 5, eff July 20, 2001; 2005 Act No. 128, SECTION 5, eff July 1, 2005; 2016 Act No. 244 (H.5040), SECTION 12, eff June 5, 2016. Editor's Note 2005 Act No. 128, SECTION 27, provides as follows: "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs." Effect of Amendment 2016 Act No. 244, SECTION 12, in the last sentence of (A), substituted "respondent" for "creditor", and inserted "under this title".