Debt collector laws in South Carolina

The South Carolina Consumer Protection Code: unconscionable debt collection (part of the Consumer Protection Code, Title 37): what it adds to federal law, who must be licensed, where to complain and the medical debt rules in South Carolina.

Short answer

South Carolina has its own debt collection law: the South Carolina Consumer Protection Code: unconscionable debt collection (part of the Consumer Protection Code, Title 37). It also covers original creditors collecting their own debts. You can complain to South Carolina Department of Consumer Affairs (SCDCA). The CFPB also takes complaints.

State law
Yes
Covers original creditors
Yes
License required
Not confirmed
Extra protections listed
5

The South Carolina debt collection law

State law
South Carolina Consumer Protection Code: unconscionable debt collection (part of the Consumer Protection Code, Title 37)
Law
S.C. Code Ann. § 37-5-108
Covers original creditors
Yes
Official text
Read the law

South Carolina's law reaches original creditors as well, as in 22 of the 48 states we cover.

What South Carolina adds to the FDCPA

  • The rules apply to "a creditor or debt collector", so businesses collecting their own debts are covered too (S.C. Code Ann. § 37-5-108(5)(b)).
  • Collectors may not contact you at unusual or inconvenient times or places. Unless they know otherwise, the convenient hours are 8 a.m. to 9 p.m. (§ 37-5-108(5)(b)(i)).
  • If you or your employer asks in writing, collectors must stop contacting you at work, except to verify your job (§ 37-5-108(5)(b)(iii)).
  • Collectors may not discuss your debt with other people without your or a court's permission, and may not contact you by postcard (§ 37-5-108(5)(b)(iv), (ix)).
  • Your wages can't be garnished for a consumer credit sale, consumer loan, consumer lease or rent-to-own debt (§ 37-5-104).

Can you sue a collector under South Carolina law?

Yes. If a court finds unconscionable collection conduct, you can recover your actual damages plus a penalty of $100 to $1,000 (not in a class action). The court can also order the conduct to stop (S.C. Code Ann. § 37-5-108(2)).

Under federal law you can also sue a collector that breaks the FDCPA within 1 year, for your actual damages, up to $1,000 more and your attorney's fees (15 U.S.C. 1692k).

Reporting a collector in South Carolina

Licenses for collection agencies in South Carolina

License required
Not confirmed

In nearby states

When a collector crosses the line in South Carolina

  1. Keep a record

    Keep letters, voicemails, emails and texts, and a log of every call.

  2. Check the collector

    Get the collector's full name, address and any license number.

  3. Send a letter

    Send a letter to dispute a debt or to stop collector calls. Keep a copy and proof of mailing.

  4. File a complaint

    Complain to South Carolina Department of Consumer Affairs (SCDCA). You can also complain to the CFPB at consumerfinance.gov/complaint.

  5. Know your right to sue in South Carolina

    Under South Carolina law: Yes. If a court finds unconscionable collection conduct, you can recover your actual damages plus a penalty of $100 to $1,000 (not in a class action).

Questions about collector laws in South Carolina

Is there a South Carolina debt collection act?

Yes: the South Carolina Consumer Protection Code: unconscionable debt collection (part of the Consumer Protection Code, Title 37) (S.C. Code Ann. § 37-5-108). It also covers original creditors collecting their own debts.

Where can I complain about a debt collector in South Carolina?

South Carolina Department of Consumer Affairs (SCDCA): https://consumer.sc.gov/consumer-resources/consumer-complaints · 1-800-922-1594 (toll-free in SC) or 803-734-4200

Can I sue a debt collector under South Carolina law?

Yes. If a court finds unconscionable collection conduct, you can recover your actual damages plus a penalty of $100 to $1,000 (not in a class action). The court can also order the conduct to stop (S.C. Code Ann. § 37-5-108(2)).

How does South Carolina law go beyond the FDCPA?

The rules apply to "a creditor or debt collector", so businesses collecting their own debts are covered too (S.C. Code Ann. § 37-5-108(5)(b)). Collectors may not contact you at unusual or inconvenient times or places. Unless they know otherwise, the convenient hours are 8 a.m. to 9 p.m. (§ 37-5-108(5)(b)(i)). If you or your employer asks in writing, collectors must stop contacting you at work, except to verify your job (§ 37-5-108(5)(b)(iii)).

Keep reading about South Carolina

Debt collector laws in nearby states