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Can you summarize 16 SCCL Chapter 13, Article 2?
FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES AND CHEATS > Personal Financial Security Act
Short Summary
The Personal Financial Security Act, part of the South Carolina Code of Laws under the Crimes and Offenses section, governs financial identity fraud, identity fraud, and the printing of credit and debit card numbers on sales receipts. Financial identity fraud involves the unauthorized appropriation of another individual’s financial resources, while identity fraud involves using another individual’s identifying information to obtain employment or avoid identification by law enforcement or governmental agencies. The Act defines ‘personal identifying information’ to include sensitive data such as social security numbers and driver’s license numbers. Violators of financial identity fraud or identity fraud may face fines, imprisonment, and restitution to the victim. Possession of false identity documents for the purpose of offering proof of United States citizenship or classification as an alien lawfully admitted for temporary or permanent residence is also prohibited, with penalties including fines and imprisonment. The Act also regulates the printing of credit and debit card numbers on sales receipts, limiting the number of digits that can be printed. Violations of this provision may result in fines and, for knowing and willful violations, imprisonment. The Act provides exemptions for lawful acquisition and use of credit or other information, good faith exercise of security interests or rights to offset, and compliance with legal orders or directives. The Act establishes joint and several liability for violators and allows individuals who suffer losses due to financial identity fraud or identity fraud to bring actions for actual damages, potentially receiving three times the actual damages sustained. The court may also award attorney’s fees and costs to the person bringing the action. State officials enforcing the Act must verify an alien’s immigration status with the federal government. The Act specifies the venue for prosecution and clarifies that the State is not required to establish that all acts constituting the crime occurred within the state or a specific jurisdiction.
Whom does it apply to?
Individuals involved in financial identity fraud or identity fraud; individuals possessing false identity documents for the purpose of offering proof of United States citizenship or classification as an alien lawfully admitted for temporary or permanent residence; individuals printing credit and debit card numbers on sales receipts
What does it govern?
Financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents that enable an unlawfully present alien to live or work in the United States or receive benefits administered by an agency or political subdivision of the state; printing of credit and debit card numbers on sales receipts
What are exemptions?
Lawful acquisition and use of credit or other information in the course of a bona fide consumer or commercial transaction or in connection with an account by any financial institution or entity defined in or required to comply with the Federal Fair Credit Reporting Act or the Federal Gramm-Leach-Bliley Financial Modernization Act; lawful, good faith exercise of a security interest or a right to offset exercised by a creditor, agency, or financial institution; lawful, good faith compliance by a party when required by a warrant, levy, attachment, court order, or other judicial or administrative order, decree, or directive
What are the Penalties?
Financial identity fraud or identity fraud: fines, imprisonment, restitution to the victim; possession of false identity documents: fines, imprisonment; printing credit and debit card numbers on sales receipts: misdemeanor with fines, Class F felony with imprisonment
Jurisdiction
South Carolina