South Carolina Deferred Presentment Services Act
South Carolina · Banking, Financial Institutions and Money · §§ 34-39-110 to 34-39-290 · 20 sections
Overview
The Deferred Presentment Services Act regulates the business of deferred presentment — advancing funds to a customer against a check or other instrument that is held and presented for payment at a later date. It makes that business a licensed one, setting qualifications, application and fee requirements, and rules for issuing, displaying, transferring control of, and surrendering a license, and it constrains what a licensee may charge, addressing transaction fees, renewals or extensions, repayment, returned-check charges, and excessive charges generally. Licensees must keep business records, report specified events, post public notice of the act's provisions, and submit to examination of their places of business, while the administering agency may adopt rules subject to judicial review, investigate complaints, compel testimony by subpoena, deny, suspend, or revoke a license after a hearing, and resolve violations through consent orders or civil and criminal penalties.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 1 court decision.
Most-cited authority: 591 F.3d 698 - Ferrell v. Express Check Advance of SC LLC
Sections covered
- S.C. Code Ann. § 34-39-110Short title
- S.C. Code Ann. § 34-39-120Definitions
- S.C. Code Ann. § 34-39-130Licensure requirements
- S.C. Code Ann. § 34-39-140Applicability of chapter; exceptions
- S.C. Code Ann. § 34-39-150Application for licensure
- S.C. Code Ann. § 34-39-160Qualifications for licensure
- S.C. Code Ann. § 34-39-170Restrictions on advancement of monies on security of check; posting of fees charged for deferred presentment services
- S.C. Code Ann. § 34-39-175Deferred presentment transaction database
- S.C. Code Ann. § 34-39-180Restrictions and requirements for deferred presentment or deposit of check
- S.C. Code Ann. § 34-39-190Maintenance of books, accounts, and records; examination
- S.C. Code Ann. § 34-39-200Limitations on activities by persons required to be licensed by chapter1 cite
- S.C. Code Ann. § 34-39-210Suspension or revocation of license
- S.C. Code Ann. § 34-39-220Orders to cease and desist violations of chapter; hearing
- S.C. Code Ann. § 34-39-230Civil penalties; repayment of unlawful or excessive fees
- S.C. Code Ann. § 34-39-240Wilful violations; referral for criminal prosecution
- S.C. Code Ann. § 34-39-250Chapter not subject to other statutes governing imposition of interest, fees, loan charges, or extension of credit
- S.C. Code Ann. § 34-39-260Promulgation of regulations
- S.C. Code Ann. § 34-39-270Prohibited deferred presentment transactions; eligibility inquiries; notification of transactions
- S.C. Code Ann. § 34-39-280Extended payment plans
- S.C. Code Ann. § 34-39-290Annual report and meeting concerning data
Enacted in other states
All South Carolina named statutes →
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