Payday Loan Laws and Regulations in South Carolina


Legal Situation: Legal

Annual percentage rate (APR): 391 percent APR

Minimum amount: None

Maximum Loan Amount: $550

Minimum Loan Term: Unspecified

Loan’s maximum term: 31 days.

Number of rollovers that have occurred: 0

Finance Charges: 15% of the entire payment.

Limitation of Liability: three years

Database Tracking of Loans: Yes

This is because the state of South Carolina has enacted a payday lending statute. Payday lending is allowed in South Carolina.

The maximum payday loan amount available in South Carolina is $550. It is possible to obtain a single loan of any length. A loan can be taken out for up to 31 days. The entire amount that the borrower must repay in financing costs should not exceed 15% of the total amount that the borrower can pay. There is no mechanism to hold the lender accountable for breaking the law. There is a one-day cooling-off period from when the credit becomes due to the day the payment is due.

Payday loans, which can be obtained legally in South Carolina, are still available. Legislators are still popular, even though they passed laws governing them in 2009. The law limited the number of loans that could be granted to a single person at any given time and the maximum amount that could be presented, which was $550. In partnership with lenders, an online lender database was established. They had to verify the database every time they issued a loan to their initial consumer.

The law was only temporary, but it was an attempt to prevent any kind of violation (because suggestions would have banned the entire business). It was a huge step forward in the right direction. Payday lenders took advantage of legal loopholes (as they did in a variety of states). The phrase they created came from “short-term “supervised” loan lenders, but they continued to operate. The number of accessible payday loans has disappeared. They have, however, adapted to a new type of loan that is more profitable, and they are still in business.

The Payday Lending Laws of South Carolina are shown below.

Payday loans are legal across the state of South Carolina, according to South Carolina Code Ann. 34-39-1010, Can be used to refer to the statute. This indicates that cash-on-delivery loans are allowed as delayed presentment goods in South Carolina.

The State Board of Financial Institutions must first authorize any South Carolina lending firm to become a payday loan lender. Both the lender’s and the borrower’s signatures must be recorded according to the legislation that controls the drafting of loan contracts. The loan’s terms and conditions should be spelled forth in the contract. To avoid delayed presentation over the maximum amount allowed by Sections 34-39-180(B) and 34-39-270(A), the Consumer Finance Division of the Board of Financial Institutions should provide 34-39-175 as a section of the Code of Federal Regulations. 34th section. This implies that before providing another loan, each lender must verify that the borrower’s information is in the database and that the loan has been approved.

The financing agreement for South Carolina

“A customer of a licensee may contribute a maximum of 550 dollars in addition to the charge set out in this paragraph 34-39-180(E) to delay the deposit or presentation at any time.” 

Fees, rates, and other costs in South Carolina

  • A licensed person may not directly or indirectly take at least 15% more of the amount of an informal check. The charge may only be increased once per contract completed by the licensed person, which implies it cannot be increased by 15% in any type of loan. Fee increases of more than 15% are not permitted.
  • Extensions and roll-overs are not permitted: “A licensee shall not prolong or extend the time of payment for a cheque, or remove the deposit check out to be able to redeem it for an earlier or new payment at any time during the period stated in the written contract that consumers have signed.” (Section 34-39-180)
  • The cost of a returned check is limited to a maximum of 10 cents per check.
  • In late repayment, it is also necessary to provide the creditor an installment plan that may be extended for up to a year to pay off the outstanding debt.

In South Carolina, the interest rate on payday loans provided by cash-lenders can reach 391 percent (According to the Center for Responsible Lending, typical APR is based on an average loan of $300 offered by payday lenders that are huge or required by state regulators in the manner in which they are used).

The state with the longest wait time for payday loans in South Carolina.

  • Payday loans are only available for a maximum of 30 days. The loan cannot be extended beyond the given time frame.