1. (A) A licensee may not:

   1. (1) obtain an agreement from a consumer waiving a right the consumer has pursuant to this chapter;
   2. (2) charge a fee to a consumer if the consumer enters into a debt management plan with the licensee to rescind a DMP contract;
   3. (3) advertise in a statement or representation with regard to the rates, terms, or conditions of credit counseling service in a manner that is false, misleading, or deceptive;
   4. (4) require as a part of the agreement between the licensee and consumer the purchase of stock, insurance, commodity, service, or other property or interest in them;
   5. (5) directly or indirectly accept payment or other consideration from a person for referring applicants to that organization;
   6. (6) offer to pay or give any cash, fee, gift, bonus, premiums, reward, or other compensation to a person for referring a prospective customer to the licensee;
   7. (7) unreasonably disclose information to third parties regarding the amounts owed by a consumer;
   8. (8) make a fraudulent, deceptive, or misleading representation to obtain information about a consumer, to solicit business with a consumer, or otherwise in connection with providing services for or on behalf of any consumer;
   9. (9) use unconscionable means to obtain a contract with a consumer or collect or attempt to collect a debt owed to the seller;
   10. (10) engage in any unfair or deceptive act or practice in connection with a credit counseling service provided to a consumer, offering or establishing a term or condition in a contract with a consumer for providing the service, or any advertisement, or solicitation relating to the service;
   11. (11) collect a payment from a consumer before the payment being earned as specifically defined in the contract between the licensee and the consumer;
   12. (12) operate another business at the licensed location without authorization from the department;
   13. (13) execute a contract or agreement to be signed by the consumer unless the contract or agreement is fully and completely filled in and finished;
   14. (14) make loans to debtors;
   15. (15) issue credit cards or act as an agent in procuring customers for a credit card company or a financial institution;
   16. (16) purchase any debt or obligation of a consumer;
   17. (17) receive or charge a fee in the form of a promissory note or other negotiable instrument other than check or a draft;
   18. (18) represent that it is authorized or competent to furnish legal advice or perform legal services unless supervised by an attorney as required by South Carolina law; or
   19. (19) compensate its employees on the basis of a formula that incorporates the number of consumers the employee signs to a debt management plan.
2. (B) A violation of this section renders an agreement between the licensee and the consumer void.

HISTORY: 2005 Act No. 111, SECTION 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).