South Carolina Code of Regulations Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS
1. Purpose of Chapter 28
Chapter 28 contains the rules and regulations for the South Carolina Department of Consumer Affairs. Its main purpose is to:
Protect consumers from unfair or deceptive business practices.
Regulate businesses that provide consumer credit, loans, or other financial services.
Ensure consumers are informed about their rights and obligations.
Establish procedures for investigating complaints and enforcing consumer protection laws.
In short, this chapter is the rulebook for how the DCA operates and protects consumers.
2. Organization of the Department
The DCA has a structured organization to manage consumer protections:
Commission on Consumer Affairs: The top governing body. It sets policies and oversees the DCA.
Administrator: Appointed by the Commission to run the department day-to-day.
Deputy Administrators and Staff: Handle investigations, consumer complaints, licensing, and education.
Advisory Councils: Groups of experts who advise the department on credit, business practices, and consumer issues.
This structure ensures accountability and smooth operations.
3. Goals and Responsibilities of the DCA
The department has several broad goals:
Consumer Education: Helping consumers understand credit, contracts, and financial rights.
Protection from Unfair Practices: Investigating and acting against businesses that violate consumer laws.
Promote Fair Business Practices: Ensuring companies operate transparently and follow regulations.
Collaboration: Working with other government agencies and stakeholders on consumer issues.
Essentially, the DCA is both an enforcer and an educator.
4. How the Department Operates
Chapter 28 sets rules for daily operations, including:
Handling Complaints: Consumers can submit complaints, which are investigated by staff.
Licensing and Registration: Certain businesses, like lenders, pawnshops, and credit counselors, must register or get licenses.
Record Keeping: Businesses must maintain records for inspection.
Internal Procedures: The DCA has rules for staff operations, communication, and file management.
This ensures consistent enforcement and fairness.
5. Enforcement and Procedures
The chapter also defines how the DCA handles enforcement:
Investigations: The department can investigate businesses suspected of violating consumer protection laws.
Hearings: If there’s a dispute, the DCA can hold administrative hearings where both sides present evidence.
Decisions: After a hearing, the department can issue orders, fines, or other remedies.
Appeals: Businesses or consumers can appeal DCA decisions under the law.
These rules ensure due process while protecting consumers.
6. Specific Rules for Industries
Chapter 28 includes rules for specific types of businesses:
Consumer Credit Companies: Must disclose terms, interest rates, and fees clearly.
Rental-Purchase Businesses: Must keep accurate contracts and records.
Credit Counseling Services: Must charge reasonable fees and meet professional standards.
Other Regulated Services: Pawnshops, motor clubs, prepaid legal services, and retirement communities must comply with specific licensing and operational rules.
This ensures businesses treat consumers fairly and follow state law.
7. Licensing and Registration Requirements
Many businesses must register or get a license with the DCA before operating:
Must submit required forms and fees.
Must keep records and report changes in operations.
Must follow rules specific to their industry.
This lets the DCA monitor and regulate businesses to prevent consumer harm.
8. Summary Table
| Category | What It Covers |
|---|---|
| Purpose | Protect consumers, regulate business, enforce laws |
| Organization | Commission, Administrator, staff, advisory councils |
| Goals | Education, enforcement, fair practices, collaboration |
| Operations | Complaints, licensing, record-keeping, internal rules |
| Enforcement | Investigations, hearings, decisions, appeals |
| Industry Rules | Credit, rental-purchase, counseling, pawnshops, motor clubs |
| Licensing | Registration, fees, compliance, reporting |
In short, Chapter 28 is the operational and enforcement framework for the Department of Consumer Affairs. It tells the department how to protect consumers, regulate businesses, handle complaints, and maintain fairness in South Carolina.
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