For the second time in a couple of weeks, the South Carolina Supreme Court has acted to support the rights of consumers. This time, the court unanimously decided in favor of the South Carolina Department of Consumer Affiairs, ruling that a Utah law firm operating as a credit counseling service in South Carolina cannot continue to offer those services without being licensed by the SCDCA.
South Carolina has one of the most stringent licensing procedures for credit counselors in the country, enacted in 2005. The Lexington Law Firm, of Salt Lake City, Utah, argued that the law’s exception for lawyers applied, and no licensing was required. The Court found, however, that the exception for lawyers was meant to apply to lawyers licensed in the state of South Carolina, and who provided credit counseling services incedental to their law practice (like a bankruptcy lawyer), not to out-of-state credit counseling services who happen to be run by lawyers.
SCDCA Press Release