South Carolina Department of Consumer Affairs Announces Several Legislative Updates

Thursday, July 6th, 2017

The South Carolina Department of Consumer Affairs (SCDCA) is announcing the update of various regulations during this past legislative session.

The following changes were passed affecting the designated industries:

- Motor Club Services. This amendment clarifies the registration process for clubs and their representatives, allowing the registrants to use SCDCA’s new online licensing database when it becomes live. It also deletes duplicative language that already appears in the statute.

- Continuing Care Retirement Communities. Amended the renewal date to be August 1, instead of a rolling renewal. Also, deleted language that was inconsistent with the statute.

- Discount Medical Plan Organizations. The regulation clarifies the registration requirements as well as the procedure for notifying the Department of changes in representatives or marketers. It also clarifies requirements for membership cancellation and reimbursement.

- Professional Employer Organizations. The regulation deleted language that was contradictory to the statute and unduly burdensome to the industry. The timeframe in which application deficiencies need to be corrected was also updated.

- Prepaid Legal. The amendment edits regulatory language to provide for licensing applications to be filed using the Department’s online licensing system.

This legislative session also saw the passage of Senate bill 359, removing SCDCA as an enforcer of the below cost motor fuel law. This statute prohibits the sale of motor fuel for a price below what the seller paid for it.

Effective May 10, the Attorney General’s Office is the sole enforcer of the law.

For more information on the industries regulated by SCDCA, including applicable laws and application information, visit www.consumer.sc.gov and click “Business/ Industry Information.” Consumers can also verify a business is licensed with SCDCA by visiting the agency’s website and clicking Licensee Lookup.