South Carolina General Assembly
116th Session, 2005-2006

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 4997

STATUS INFORMATION

General Bill
Sponsors: Rep. Bowers
Document Path: l:\council\bills\bbm\9009mm06.doc

Introduced in the House on April 13, 2006
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Credit cards

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/13/2006  House   Introduced and read first time HJ-7
   4/13/2006  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-7

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/13/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

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.

----XX----

This web page was last updated on Friday, December 4, 2009 at 3:53 P.M.