What to do when a debt collector calls or sends a letter in South Carolina

What South Carolina law says

Federal law requires a debt collector’s notice to include the amount of the debt, the creditor’s name, and a statement that the consumer has thirty days to dispute the debt in writing, triggering the collector’s duty to obtain and mail verification or the original creditor’s name, under 15 U.S.C. § 1692g. The FDCPA also bars unfair or unconscionable collection methods and limits certain communications, including rules on contacting third parties for location information and applying disputed payments, under 15 U.S.C. § 1692f, 15 U.S.C. § 1692b, and 15 U.S.C. § 1692h. South Carolina law can impose additional limits in particular situations: for example, a health care provider who has received written notice of a pending claim is prohibited from debt collection activities relating to treatment received in connection with that claim until an award, denial, or ninety days pass, under S.C. Code Ann. § 16-3-1360. South Carolina statutes and court decisions also address which consumer-credit transactions and assignees are covered by state consumer-protection rules, as reflected in recent cases applying state law principles alongside federal collection rules, see Portfolio Recovery Associates, LLC v. Jennifer Campney (S.C. Ct. App. 2023) and Coastal Federal Credit Union v. Brown, 417 S.C. 544 (S.C. Ct. App. 2016).

What to do

1. A common first step is to send a written debt-validation letter asking the collector to state the amount, creditor, and provide verification within the 30-day period.
2. A common next step is to send a written cease-communication letter asking the collector to stop contacting you while verification is obtained or while a qualifying claim is pending (for medical debts after written notice of a pending claim).
3. A common option is to keep copies of all letters, dates and times of calls, and any envelopes or notices received for your records.
4. A common action people consider is noting whether the collector’s communications include prohibited practices described in the federal statutes cited above.
5. A common step is to consider whether state consumer-protection rules or recent South Carolina cases may affect whether an assignee or collector is subject to additional state requirements.

Grounded in current South Carolina law

• statuteS.C. Code Ann. § 16-3-1360
• statuteS.C. Code Ann. § 37-3-405
• statute15 U.S.C. § 1692g
• statute15 U.S.C. § 1692h
• statute15 U.S.C. § 1692f
• statute15 U.S.C. § 1692b
• caseCoastal Federal Credit Union v. Brown
• casePortfolio Recovery Associates, LLC v. Jennifer Campney
• caseMurray v. The Estate of William E. Murray
• casePhillips v. Periodical Publishers' Service Bureau, Inc.

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