South Carolina Fair Debt Collection Law
South Carolina Code Annotated Section 37-5-108 deals with debt collection agencies. It is called the Consumer Credit Code. The prohibited debt collector behaviors in many ways mirror the federal Fair Debt Collection Practices Act. For example, the law says that:
- A debt collector can't threaten you with force, violence, or criminal prosecution
- A debt collector can't call you before 8:00 a.m. or after 9:00 p.m., and can't continually call or harass you
- A debt collection agency can't contact you directly if it knows you have an attorney
- A debt collection agency can't call you at work (except to verify your employment) once you or your employer has requested so in writing
- A debt collector can't use profanity or obscene language
- A debt collection agency can't publish your name, or sell your debt in order to coerce you into paying
- A debt collector can't contact you via postcard
- A debt collection agency can't deposit or threaten to deposit a postdated check
- A debt collector can't threaten to take your property if it wasn't used as collateral
- A debt collection agency can't trick you into paying for a collect call or telegram
- A debt collection agency can't lead you to believe that it's a government agency or a law firm
South Carolina law allows individual consumers to sue debt collection agencies. A successful lawsuit filed in the state can result in an award of actual damages or statutory damages of between $100 and $1,000, as well as attorney fees. This is in addition to being able to sue a debt collection agency for violation of the Fair Debt Collection Practices Act.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated South Carolina state law and the FDCPA, we'll take your case absolutely free.
File a Complaint
If you've been the victim of illegal fair debt or fair credit practices, you should file a complaint with the South Carolina Department of Consumer Affairs. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can download a complaint form or file an online complaint with the South Carolina Department of Consumer Affairs by clicking here.
Here's the contact information to call or send a written complaint to the South Carolina Department of Consumer Affairs:
South Carolina Department of Consumer Affairs
P.O. Box 5757
3600 Forest Drive, 3rd Floor
Columbia, SC 29250
803-734-4200 or 800-922-1594
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
