Download This Version in Microsoft Word format
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-185 SO AS TO PROVIDE THAT IT IS AN UNFAIR TRADE PRACTICE FOR THE ISSUER OF AN UNSOLICITED CREDIT CARD TO CHARGE AN ACTIVATION, ANNUAL, OR OTHER FEE UNLESS THE CARDHOLDER BENEFITS FROM THE CARD BY USING IT OR OTHERWISE AFFIRMATIVELY ACTS TO ACCEPT THE UNSOLICITED OFFER OF THE USE OF THE CARD, TO PROVIDE THAT NONPAYMENT OF THE FEE BY THE CARDHOLDER, WITHOUT ANY OTHER ACT, IS A REJECTION OF THE OFFER, AND TO DEFINE "CREDIT CARD".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 5 of Title 39 of the 1976 Code is amended by adding:
"Section 39-5-185. (A) It is an unfair or deceptive trade practice pursuant to Section 39-5-20 for the issuer of an unsolicited credit card to charge an activation, annual, or other fee for the use of the card unless the cardholder:
(1) benefits from the card by using it; or
(2) otherwise affirmatively acts to accept the unsolicited offer of the use of the card.
(B) Nonpayment of the activation, annual, or other fee by the cardholder without an act described in (A)(1) or (2), is a rejection of the unsolicited offer of the use of a credit card.
(C) 'Credit card' includes a lender credit card, as defined in Section 37-1-301(16) and a seller credit card, as defined in Section 37-1-301(26)."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:44 P.M.