Title 37, Consumer Protection Code

There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31, Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement statewide and local programs for litter control.

PalmettoPride is governed by a board of directors composed of eleven members to be appointed as follows: five members of the public must be appointed by the Governor; three members must be appointed by the President of the Senate, to include one Senator and two members of the pub…

The chairman of the board is authorized to make all personnel decisions to include the hiring of any necessary staff for the operation of PalmettoPride, including an executive coordinator. The coordinator shall submit an annual budget for the operation of PalmettoPride to the boa…

PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and also may receive and expend public funds appropriated to it or authorized by the General Assembly. Receipt of funds allocated to PalmettoPride shall flow through the Department of Parks, Recre…

(A) The purpose of this chapter is to provide a framework within which guaranteed asset protection (GAP) waivers are defined and may be offered within this State. (B) This chapter does not apply to: (1) an insurance policy offered by an insurer under Title 38; or (2) a debt cance…

For purposes of this chapter: (1) "Borrower" means a debtor, retail buyer, or lessee under a finance agreement. (2) "Creditor" means a person, who in connection with the initial financing of the sale, or leasing, of a motor vehicle, is: (a) a lender in a loan or credit transactio…

(A) The offering and sale of GAP waivers in this State are subject to the provisions of this chapter. (B) GAP waivers, at the option of the creditor, may be sold for a single payment or may be offered with a monthly or periodic payment option. (C) Notwithstanding another provisio…

(A) A contractual liability or other insurance policy insuring a GAP waiver must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waiver issued by the creditor and purchased or held by the bo…

(A) A GAP waiver must include the following terms in clear, easily understandable language: (1) the name and address of the initial creditor and the borrower at the time of sale and the identity of any manager if different from the creditor; (2) the purchase price and the terms o…

(A)(1) A GAP waiver must include a term stating that if a borrower cancels the waiver within the free-look period, the borrower is entitled to a full refund if no benefits have been provided under the GAP waiver. (2) A creditor may not charge a fee to a borrower related to the ca…

Pursuant to Chapter 6, Title 37, the Administrator of the Department of Consumer Affairs may take action necessary to enforce the provisions of this chapter and to protect GAP waiver holders in this State.

A consumer who suffers loss by reason of a violation of this chapter may bring a civil action to enforce the provisions, and if successful in the action, shall recover actual damages, reasonable attorney's fees, and court costs incurred by bringing the action.