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H 4906
Session 112 (1997-1998)


H 4906 General Bill, By A.W. Byrd, Bailey, Cobb-Hunter, Gourdine, Howard, 
Inabinett, Kennedy, Lloyd, Moody-Lawrence, Scott, Simrill and E.C. Stoddard
 A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION
 CODE, BY ADDING SECTION 37-1-410 SO AS TO REQUIRE A PERSON OR BUSINESS THAT
 SUBMITS TO A CONSUMER CREDIT REPORTING AGENCY AN INDIVIDUAL'S NAME AS A CREDIT
 RISK OR AS HAVING BAD CREDIT TO NOTIFY THE INDIVIDUAL OF THAT FACT IN WRITING,
 AND TO PROVIDE A CRIMINAL PENALTY FOR FAILURE TO COMPLY WITH THIS SECTION.

   03/26/98  House  Introduced and read first time HJ-28
   03/26/98  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-28



A BILL

TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-410 SO AS TO REQUIRE A PERSON OR BUSINESS THAT SUBMITS TO A CONSUMER CREDIT REPORTING AGENCY AN INDIVIDUAL'S NAME AS A CREDIT RISK OR AS HAVING BAD CREDIT TO NOTIFY THE INDIVIDUAL OF THAT FACT IN WRITING, AND TO PROVIDE A CRIMINAL PENALTY FOR FAILURE TO COMPLY WITH THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 1, Title 37 of the 1976 Code is amended by adding:

"Part 4

Reports to Consumer Credit Reporting Agencies

Section 37-1-410. (A) A person or business that submits to a consumer credit reporting agency an individual's name as a credit risk or as having bad credit shall promptly notify the individual of that fact in writing by United States mail, return receipt requested. The notification must contain the name, address, and telephone number of the consumer credit reporting agency and the reason for submitting the individual's name as a credit risk or as having bad credit.

(B) A person or business that fails to comply with the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of one thousand dollars."

SECTION 2. This act takes effect upon approval by the Governor.

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