S.C. Code § 39-61-10
Short title
This chapter is known and may be cited as the "Motor Club Services Act".
South Carolina Code Title 39, Chapter 61 — Motor Club Services Act
South Carolina · statute · S.C. Code tit. 39, ch. 61 · 20 active provisions
S.C. Code § 39-61-20
Definitions
As used in this chapter: (a) "Administrator" means the Administrator of the Department of Consumer Affairs. (b) "Club" means a person engaged in selling, furnishing, or making available to members, either as principal or agent, motor club services. This definition does not include an entity that enters into a service c…
S.C. Code § 39-61-30
Deposit of cash, securities, or bonds
A club may not render or agree to render a motor club service without first depositing and thereafter continuously maintaining the amount of fifty thousand dollars in cash or securities approved by the Administrator or, in lieu thereof, a bond in the amount of fifty thousand dollars executed by a surety company authori…
S.C. Code § 39-61-40
Security; required assurances
The security: (a) Must be for the protection, use, and benefit of all persons whose applications for membership in a motor club have been accepted by the club or its representatives. (b) Shall assure that the club faithfully furnishes and renders to members any and all of the motor club services furnished, sold, or off…
S.C. Code § 39-61-50
Suits by aggrieved members; aggregate liability
If any member is defrauded or aggrieved by any misconduct, wrongful act, misrepresentation, or failure of the club to render its services or fulfill its contractual obligations, the member may bring suit on the security in his own name, but the aggregate liability of the surety for all suits may, in no event, exceed th…
S.C. Code § 39-61-60
Submission and approval of club name
The name of the club must be submitted to the Administrator with its application for a certificate of authority, and the Administrator shall approve any name so submitted unless the proposed name is deceptively similar to that of any other club licensed or qualified to do business in this State or unless the name is li…
S.C. Code § 39-61-70
Application for, and issuance of, certificate of authority; fee
(a) No club may offer, issue, or renew a motor club service contract in this State without first obtaining from the Administrator a certificate of authority so to act. A certificate of authority must be issued by the Administrator to the club upon submission of items (1) through (6) of this subsection (a) in a form sat…
S.C. Code § 39-61-80
Certificates of authority permanent unless suspended or revoked; renewal requirements
Certificates of authority issued hereunder are permanent unless revoked or suspended as provided in this chapter. No certificate of authority may be renewed by the Administrator until the club has: (a) Paid an annual certificate of authority renewal fee of five hundred dollars by October thirty-first. (b) Filed a copy…
S.C. Code § 39-61-90
Service of process
(a) Serving of process in any action, rule, order, or legal proceeding may be made on any club not domiciled in this State having a certificate of authority to transact business in this State by mailing two copies of the process to the Administrator by registered or certified mail. One copy, certified by the Administra…
S.C. Code § 39-61-100
Cease and desist orders; revocation or suspension of certificate of authority
(A) The department may file a request for a contested case hearing with the Administrative Law Court for an order requiring the club to cease and desist or an order revoking, suspending, or vacating the certificate of authority of a club, if the Administrative Law Court finds, after a hearing, that the club: (1) has vi…
S.C. Code § 39-61-110
Requirements of service contracts
No service contract may be issued or delivered in this State unless it contains: (a) The exact corporation or other name of the club. (b) The exact location of its home office or any business office to which inquiries may be made. (c) The motor club services contracted for. (d) The territory wherein motor club services…
S.C. Code § 39-61-120
Registration of club representatives; termination of representative's authority; fee
(a) No individual may act as a club representative in this State without the club having registered the individual with the Administrator within thirty days of the date of designation as a club representative. Registration as a club representative must be made to the Administrator upon forms prescribed and furnished by…
S.C. Code § 39-61-130
Sanctions for noncompliance by club representative; contested case hearing
Upon satisfactory evidence that a club representative has violated or failed to comply with a provision of this chapter or regulation promulgated pursuant to the authority of this chapter, the administrator may issue an order requiring the club representative to cease and desist from engaging in the violation or may re…
S.C. Code § 39-61-140
Restrictions on advertising
No club may make reference to its certificate of authority or approval from the Administrator or the State in advertising, circular, contract, or a membership card nor may it advertise or describe its services in a manner which would lead the public to believe that it is an insurance company, association, or exchange.
S.C. Code § 39-61-150
Services subject exclusively to this chapter
The offering of motor club services is subject solely and exclusively to the provisions of this chapter and the offering of services by any authorized club is not considered transacting business as an insurance company, association, or exchange, except as otherwise provided herein.
S.C. Code § 39-61-160
Authority of administrator
The Administrator shall administer this chapter and may promulgate regulations, subject to Act 176 of 1977 (the Administrative Procedures Act) necessary to carry out its provisions.
S.C. Code § 39-61-170
Violations; penalties
Any person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or imprisonment for not more than three months, or both.
S.C. Code § 39-61-180
Sale of insurance by club representatives; license requirements
A club representative is not required to be a licensed insurance agent in connection with the sale of accidental injury and death benefits or other insurance covering a motor club service, which is issued in conjunction with and as a part of a motor club service contract but must be licensed to sell any other type of i…
S.C. Code § 39-61-190
Incidental services
Nothing contained in this chapter prohibits a club from offering services which augment or are incidental to any service offered by the club or any other services which are of assistance and are beneficial to members and are feasible for the club to render.
S.C. Code § 39-61-200
Attorney's fees
Any person who brings a civil suit for damages suffered because of any violation of any provision of this chapter, or any regulation promulgated by its authority, and who prevails in the suit, may be awarded reasonable attorney's fees.