Accountability Report: Fiscal Year 2018-19The Department accomplishes its mission by: 1.) acting as an effective regulator, 2.) providing complaint mediation services that are unmatched at both state and federal levels, 3.) saving millions for both consumers and small businesses through insurance rate filing intervention, 4.) serving as an educational portal for consumers and businesses alike, and 5) informing the public on effective ways of preventing and mitigating identity theft situations. Governed by the Commission on Consumer Affairs, SCDCA is organized into six divisions: Administration, Consumer Services, Consumer Advocacy, Public Information and Education, Legal Division and the Identity Theft Unit.South Carolina Department of Consumer AffairsSCDCA_7d9f5fb2-1882-11e9-b4f9-8deee0e8efbcThe South Carolina Department of Consumer Affairs (“DCA”/ “Department”) is the state’s consumer protection agency. Established in 1974, DCA has over forty years of experience in protecting South Carolina consumers while recognizing those businesses that act honestly and fairly. The General Assembly has charged the DCA with administering, interpreting and enforcing thirty-eight statutes, including the S.C. Consumer Protection Code. Carri Grube LybarkerDirectorDavid CampbellChair, Commission on Consumer AffairsConsumer Services DivisionThe Consumer Services Division processes and mediates written consumer complaints, seeking to find equitable solutions for the consumer and the business, including refunds, adjustments and credits to consumer accounts. Staff takes consumer complaints against businesses regulated by the DCA, refers complaints that fall within another agency’s jurisdiction, and mediates those complaints against businesses that are unregulated. The Division provides SC taxpayers with a readily available, experienced, and cost-effective mediation service.Advocacy DivisionThe Advocacy Division provides legal representation for the consumer interest in matters involving property and casualty insurance and worker's compensation insurance. As the state agency designated to represent the insurance interests of consumers, the Advocacy Division aims to ensure that increases in homeowner's insurance and worker's compensation insurance rates are justified, working to avoid excessive, inadequate or unwarranted rate increases. When needed, an action is filed and the Division submits evidence in hearings that demonstrate the rate request is not justified and often results in adjudications or settlements that generate savings for consumers and businesses alike. The division also reviews rules and regulations proposed by state and federal agencies pertaining to ratemaking and provides comments as deemed appropriate. Public Information and Education DivisionThe Public Information and Education Division serves as the main consumer education portal for consumers, business and the media. The Division informs consumers and businesses on their rights and responsibilities in the marketplace through traditional and alternative media distribution, including social media, presentations, media coverage and publications. Education is a central part of DCA’s mission. Cultivating a marketplace comprised of well-informed consumers and businesses prevents deceptive and unfair business practices, allows legitimate business activity to flourish, resulting in the promotion of competition and a healthier economy. Legal DivisionThe Legal Division performs the agency’s licensing, administration and enforcement duties related to the majority of the 120 laws under the agency’s jurisdiction. The General Assembly has charged the DCA with advising the Legislature and Governor on consumer issues and state of credit in this State; administer, interpret and enforce the S.C. Consumer Protection Code and license, register, or otherwise regulate fifteen industries, including mortgage brokers, pawnbrokers, physical fitness centers, motor clubs, credit counseling organizations, prepaid legal services, athlete agents, the sale of preneed funeral contracts, registered consumer credit grantor, maximum rate filing and motor vehicle disclosure programs. Identity Theft UnitThe Department’s newest division, the Identity Theft Unit provides education and outreach to South Carolina consumers across the state to increase public awareness and knowledge about what identity theft is, the steps consumers can take to protect themselves, and what consumers should do in the event of identity theft. For consumers who are identity theft victims, the Unit provides ongoing guidance throughout the process of mitigating and resolving their particular identity theft situation(s). The Unit also handles administration and enforcement of state identity theft-related consumer protection laws, including receipt of security breach notices to ensure reporting and notification requirements are met.Administration DivisionAll of DCA’s functions are supported by the agency’s Administration Division. All support and planning services critical to the operation of the agency are housed in Administration, including procurement, human resources, accounting and information technology. The Administrator position, appointed by the Commission on Consumer Affairs to administer Title 37 among other statutes and manage the day to day operations of the agency, is located in this Division. SCDCA PartnersBudget and Control Board/DOAType of Partner Entity: State Government ~ Provide training for agency accounting, procurement and human resources staff; assist in troubleshooting within these same areas. Provide training for agency accounting, procurement and human resources staff; assist in troubleshooting within these same areas. Provide training for agency accounting, procurement and human resources staff; assist in troubleshooting within these same areas. Associated Goal(s): 1,2,4Board of Financial Institutions - Consumer Finance DivisionType of Partner Entity: State Government ~ Work together to ensure compliance with the Consumer Protection Code and other laws. Work together to ensure compliance with the Consumer Protection Code. Work together to ensure compliance with the Consumer Protection Code. Associated Goal(s): 1,2,3Administrative Law CourtType of Partner Entity: State Government ~ Hear contested case hearings arising out of laws administered and enforced by DCA. Hear contested case hearings arising out of DCA Code administration and enforcement. Hear contested case hearings arising out of DCA Code administration and enforcement. Associated Goal(s): 1Division of Technology OperationsType of Partner Entity: State Government ~ Provide network services, desktop support, server management, security services to DCA. Provide network services and desktop support to DCA. Provide network services and desktop support to DCA. Associated Goal(s): AllLaw Enforcement (state & local)Type of Partner Entity: Local Government ~ Assists in investigation of regulated businesses. 1.1.1 - Bring necessary enforcement actions, including joint enforcement actions with federal, state, and local agencies 1.1.1 - Bring necessary enforcement actions, including joint enforcement actions with federal, state, and local agencies Associated Goal(s): 1,3SCDMV/DPSType of Partner Entity: State Government ~ Assists in investigation of regulated businesses Associated Goal(s): 1,3SC Automobile Dealers AssociationType of Partner Entity: Professional Association ~ Receives reports of violations, disseminates industry specific information, education, legislative collaborations. Associated Goal(s): 1,2,3Carolinas Independent Automobile Dealers AssociationType of Partner Entity: Professional Association ~ Receives reports of violations, disseminates industry specific information, education, legislative collaborations. Associated Goal(s): 1,2,3SC.GOVType of Partner Entity: Private Business Organization ~ Maintains DCA's online Complaint Database, agency website. Associated Goal(s): 2,3,4Department of InsuranceType of Partner Entity: State Government ~ Providing notices and full filings of insurance companies. Associated Goal(s): 1,3Actuarial ConsultantsType of Partner Entity: Non-Governmental Organization ~ Review insurance filings for DCA. Associated Goal(s): 1ThoughtSpanType of Partner Entity: Private Business Organization ~ Licensing database contractor. Associated Goal(s): 1,2,4Various Industries RegulatedType of Partner Entity: Private Business Organization ~ Provide feedback on regulatory structure, joint educational partnerships/ outreach. Associated Goal(s): 1,2,3AARPType of Partner Entity: Non-Governmental Organization ~ Provide joint educational partnerships/ outreach. Associated Goal(s): 1,3Other State AgenciesType of Partner Entity: State Government ~ Provide joint educational partnerships/ outreach; referrals of consumers and businesses to DCA. Associated Goal(s): AllPrint & Media OutletsType of Partner Entity: Non-Governmental Organization ~ Fulfilling media requests/ disseminating information. Associated Goal(s): 1, 3American Conference of Uniform Consumer Credit Code StatesType of Partner Entity: Professional Association ~ Sharing of information amongst state regulators having similar consumer protection laws. Associated Goal(s): 1,2,4National Association of Consumer Credit AdministratorsType of Partner Entity: Professional Association ~ State regulator association: provides trainings and information sharing. Associated Goal(s): 1,2,4 SCDCA CustomersSouth Carolinian ConsumersDivision/Program: All -- Millions of South Carolina consumers and those who visit our state. Service/Product: Protection of the marketplace while giving due regard to those businesses acting fairly; representation of the consumer interest before the Legislature and Governor. Customer Segment: General Public Demographic: All South CaroliniansLocal Law Enforcement AgenciesDivision/Program: Legal. Service/Product: Partnership opportunities and availability of our expertise to assist in performance of their job functions. Customer Segment: Local Govts. Stage Law Enforcement AgenciesDivision/Program: Legal. Service/Product: Partnership opportunities and availability of our expertise to assist in performance of their job functions. Customer Segment: Executive Branch/State AgenciesRatepayersDivision/Program: Advocacy. Service/Product: Thorough review of insurance rate filings to ensure the marketplace is fair and balanced. Customer Segment: General Public. Demographic: Consumers of insurance productsRegulated BusinessesDivision/Program: Legal -- Regulated and indirectly regulated businesses. Service/Product: Prompt, efficient service and for the agency to utilize a fair and balanced approach in carrying out its legal functions. Customer Segment: Industry: Credit Grantors, Athlete Agents, Continuing Care Retirement Communities, Credit Counseling. Discount Medical Plan Organizations, Mortgage Brokers, Motor Vehicle Dealers, Motor Clubs, Pawnbrokers, Physical Fitness Services, Preneed Funeral Providers, Prepaid Legal, Professional Employer OrganizationsSchoolsDivision/Program: Public Information & Consumer Services & Education. Service/Product: Sharing knowledge of consumer rights and responsibilities to create savvy consumers. Customer Segment: School DistrictsCommunity GroupsDivision/Program: Public information & Identity Theft Unit. Service/Product: Sharing knowledge of consumer rights and responsibilities to create savvy consumers. Customer Segment: General Public -- Demographic: All South CaroliniansThe Legal CommunityDivision/Program: Legal & Administration/Consumer Advocate. Service/Product: Provide consumer law guidance; act professionally in representing the consumer interest. Customer Segment: General Public -- Demographic: Lawyers litigating matters/ representing consumers related to laws under the Department's jurisdictionJudgesDivision/Program: Legal & Administration/Consumer Advocate. Service/Product: Provide consumer law guidance; act professionally in representing the consumer interest. Customer Segment: Judicial Branch -- Judges litigating or hearing matters related to laws under the Department's jurisdictionThe MediaDivision/Program: Public Information. Service/Product: Prompt, efficient service; compelling content. Customer Segment: Industry: Newspapers, television stations, radio broadcasters, etc.Other State & Federal AgenciesDivision/Program: All. Service/Product: Partnership opportunities to leverage resources in the administration and enforcement of like laws; education partnerships; referral of complaints. Customer Segment: Executive Branch/State AgenciesNational Consumer GroupsDivision/Program: Legal, Public Information & Administration. Service/Product: Data sharing to track national trends; educational partnership opportunities. Customer Segment: General Public Demographics: Consumer Federation of America, AARP, etc.Governor’s OfficeDivision/Program: Legal & Administration/Consumer Advocate. Service/Product: Constituent services; advise regarding legislation affecting the consumer interest. Customer Segment: Executive Branch/State AgenciesGeneral AssemblyDivision/Program: Legal, Advocacy & Administration/Consumer Advocate. Service/Product: Constituent services; advise regarding legislation affecting the consumer interest. Customer Segment: Legislative BranchUS CongressDivision/Program: Legal, Advocacy & Administration/Consumer Advocate. Service/Product: Professional, prompt constituent services. Customer Segment: General Public Demographic: All South CaroliniansTo protect consumers while giving due regard to those businesses acting in a fair and honest manner._7d9f60f2-1882-11e9-b4f9-8deee0e8efbcTo protect consumers from inequities in the marketplace through advocacy, mediation, enforcement and education._7d9f6214-1882-11e9-b4f9-8deee0e8efbcCompetenceThe Department will strive to be a CREDIT to our State by holding the following values as essential in our relationships and decision-making: C competence R expect E quality D education I integrity T timelinessQualityEducationIntegrityTimelinessLaw EnforcementEFFECTIVELY ADMINISTER & ENFORCE THE LAWS ASSIGNED TO THE DEPARTMENT TO PROTECT CONSUMERS FROM FRAUDULENT, UNFAIR AND DECEPTIVE PRACTICES._7d9f646c-1882-11e9-b4f9-8deee0e8efbc1RegulationExamine regulated industries to determine compliance with applicable laws and regulations, conduct investigations upon receiving probable cause and implement enforcement actions against violators._7d9f65ca-1882-11e9-b4f9-8deee0e8efbc1.11.1.1 Number of enforcement actions Base: 189 Target: N/A Actual: Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports (monthly) & Attorney Logs (daily), includes auto advertising letters Calculation Method: Meaningful Use of Measure: Gauges marketplace abuses, compliance, subsequently influences Agency education and legislative activity. 1.1.2 Perform compliance reviews of at least 25% of regulated entities (company level)(100% by FY23) Base: 0% Target: 25% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports, updated monthly Calculation Method: Investigator activities / number of licensees subject to enforcement activity Meaningful Use of Measure: Ensuring compliance with laws and consumer protection. 1.1.3 Legal Division Return on Investment Base: 64% Target: >50% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Employee logs, updated as needed Calculation Method: Amount of credits, refunds and adjustments received through enforcement actions and complaint mediation deducted from budget for the Legal Division. Divide difference by fund allocation. Meaningful Use of Measure: Protecting consumers and providing cost-effective remedy to violations.ComplaintsReceive and expeditiously resolve complaints of individuals pertaining to any consumer transaction arising out of the production, promotion or sale of consumer goods and services._7d9f66ce-1882-11e9-b4f9-8deee0e8efbc1.21.2.1 Average days to resolve a complaint through voluntary mediation Base: 32 Target: 25 Actual: Time Applicable: July 1- June 30 Data Source and Availability: Complaint Database, updated daily Calculation Method: Meaningful Use of Measure: Helps DCA improve efficiency in complaint mediation 1.2.2 Percentage of complaints closed Base: 102% Target: 100% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Complaint Database, updated daily Calculation Method: Number of closed complaints/ number of complaints filed Meaningful Use of Measure: Determines how efficiently analysts are processing complaints. 1.2.3 Percentage of complaints closed unsatisfied Base: 13% Target: 10% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Complaint Database, updated daily Calculation Method: Meaningful Use of Measure: Protecting consumers, ensuring compliance and providing cost-effective remedy to violations. 1.2.4 Breakeven point for the Consumer Services Division Base: $484,950 Target: >$336, 444 Actual: $ Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports, updated monthly Calculation Method: Amount of credits, refunds and adjustments received through voluntary mediation compared to Consumer Services Division budget. Meaningful Use of Measure: Providing cost-effective complaint mediation services.Consumer InterestsPromote the interests of consumers before the Legislature, Governor, and regulatory agencies_7d9f6822-1882-11e9-b4f9-8deee0e8efbc1.31.3.1 Percentage of insurance filings intervened in Base: 7.83% Target: N/A Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports, updated monthly Calculation Method: Meaningful Use of Measure: Ensuring consumer perspective is adequately represented. 1.3.2 Amount saved resulting from DCA insurance rate filing intervention Base: $3,750,000 Target: N/A Actual: $ Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports, updated monthly Calculation Method: Meaningful Use of Measure: Ensuring consumer perspective is adequately represented. 1.3.3 Percentage of comments provided to regulatory agencies by the deadline Base: 100% Target: 100% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports, updated monthly Calculation Method: Meaningful Use of Measure: Ensuring consumer perspective is adequately represented. 1.3.4 Achieved the desired outcome on legislation Base: 100% Target: 100% Actual: % Time Applicable: Legislative Session Data Source and Availability: Progress Reports, updated monthly Calculation Method: Meaningful Use of Measure: Ensuring consumer perspective is adequately represented.Licensing & RegistrationProvide a quality, streamline program of licensing and registration to promote high standards for regulated businesses and ensure South Carolinians are effectively and efficiently served_7d9f6930-1882-11e9-b4f9-8deee0e8efbc2Online LicensingEncourage use of online licensing platform to decrease application processing turnaround time_7d9f6a34-1882-11e9-b4f9-8deee0e8efbc2.12.1.1 Total percentage of online filings made through CALAS (online regulatory filing system) Base: 78% Target: 75% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports, updated monthly; Licensing database, updated daily Calculation Method: Divide number of online filings by total number of paper and online filings. Meaningful Use of Measure: Providing accessible, convenient services to customers. 2.1.2 Percentage of licenses issued within 30 days of receipt of complete application (95% by FY21) Base: 87% Target: 95% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports, updated monthly; Licensing database, updated daily Calculation Method: Meaningful Use of Measure: Providing efficient customer service while promoting fair marketplace. 2.1.3 Percentage of applicants submitting payments with application online (70% by FY22) Base: 63% Target: 65% Actual: % Time Applicable: July 1-June 30 Data Source and Availability: Progress Reports, updated monthly; Licensing database, updated daily Calculation Method: Meaningful Use of Measure: Providing accessible, convenient services to customers.Interpretation & ExplanationInterpret and explain statutes under the agency's jurisdiction in a fair manner, balancing the interests of consumers with those businesses acting honestly and fairly_7d9f6b56-1882-11e9-b4f9-8deee0e8efbc2.22.2.1 Percentage of DCA proposed regulations that became law during two year legislative cycle Base: 80% Target: 100% Actual: % Time Applicable: Legislative Session Data Source and Availability: Progress Reports, updated monthly Calculation Method: Number of proposed regulations / number of final regulations that became law during the session Meaningful Use of Measure: Ensuring laws are relevant and consumer perspective is adequately represented. 2.2.2 Percentage of 5 year Regulations Review Completed (by FY24) Base: 0% Target: 20% Actual: % Time Applicable: July 1, 2018-June 30, 2023 Data Source and Availability: Division Reports, monthly Calculation Method: Meaningful Use of Measure: Ensuring laws are relevant.EducationEducate consumers and businesses on their rights and responsibilities under the law_7d9f6c64-1882-11e9-b4f9-8deee0e8efbc3Traditional EducationEngage in traditional educational efforts to decrease consumer risks and increase industry compliance_7d9f6eee-1882-11e9-b4f9-8deee0e8efbc3.13.1.1 Number of presentations requested Base: 57 Target: 100 Actual: Time Applicable: July 1- June 30 Data Source and Availability: Division Reports, monthly Calculation Method: Meaningful Use of Measure: Increasing public awareness of rights and responsibilities. 3.1.2 Average attendees per presentation Base: 229 Target: 35 Actual: Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports, updated monthly Calculation Method: Meaningful Use of Measure: Increasing public awareness of rights and responsibilities. 3.1.4 Number of educational publications created and released Base: 3 Target: 5 Actual: Time Applicable: July 1- June 30 Data Source and Availability: Division Reports, monthly Calculation Method: Meaningful Use of Measure: Increasing public awareness of rights and responsibilities.MediaActively seek out media attention and cultivate relationships with media stakeholders_7d9f702e-1882-11e9-b4f9-8deee0e8efbc3.23.2.1 Number of media requests received Base: 86 Target: 70 Actual: Time Applicable: July 1- June 30 Data Source and Availability: Division Reports, monthly Calculation Method: Meaningful Use of Measure: Increasing public awareness of rights and responsibilities. 3.2.2 Percentage of press releases picked up by media outlets Base: 87% Target: 75% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Progress Reports, updated monthly Calculation Method: Meaningful Use of Measure: Tells whether DCA press releases are compelling, relevant and in line with AP style guidelines.Public AwarenessIncrease public awareness through digital media and alternative, cost-effective methods_7d9f713c-1882-11e9-b4f9-8deee0e8efbc3.33.3.1 Modernize DCA website Base: N/A Target: Complete Actual: Time Applicable: July 1- June 30 Data Source and Availability: Division Reports, monthly Calculation Method: Meaningful Use of Measure: Providing accessible, convenient services to customers. 3.3.2 Percentage of retweets Base: 40% Target: 50% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Twitter reports, updated daily Calculation Method: Total number of retweets divided by total number of tweets sent out by SCDCA. Meaningful Use of Measure: Gauges whether DCA content is relevant and compelling 3.3.3 Number of YouTube views Base: 6881 Target: 8,500 Actual: Time Applicable: Data Source and Availability: Calculation Method: Meaningful Use of Measure: 3.3.4 Increase overall website visits by 2.5% annually Base: -13.24% Target: 2.50% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Google Analytics, updated daily Calculation Method: Meaningful Use of Measure: Gauges success of outreach directing to website and usefulness of DCA website.Technologies & StrategiesConstantly evaluate technologies and strategies available to cultivate a culture of security, efficiency and knowledge building_7d9f7254-1882-11e9-b4f9-8deee0e8efbc4TechnologyImplement, update and promote technology to assist staff in increasing efficiencies in performing job functions_7d9f738a-1882-11e9-b4f9-8deee0e8efbc4.14.1.1 Percentage of complaints filed online (70% by FY20) Base: 66% Target: 67% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Complaint Database, updated daily Calculation Method: Meaningful Use of Measure: Providing accessible, convenient services to customers. 4.1.2 Percentage of CALAS operational Base: 50% Target: 86% Actual: % Time Applicable: Completion by 12/31/2019 Data Source and Availability: Licensing Database Calculation Method: Meaningful Use of Measure: Enables DCA to provide a more accurate and timely regulatory experience for licensees.DataProtect data entrusted with agency by its customers through employee training and awareness_7d9f74a2-1882-11e9-b4f9-8deee0e8efbc4.24.2.1 Hold Annual InfoSec training Base: Complete Target: Complete Actual: Time Applicable: July 1- June 30 Data Source and Availability: HR Reports, updated annually Calculation Method: Meaningful Use of Measure: Ensures DCA management is fostering adoption of InfoSec policies and procedures, creating a culture of cybersecurity. 4.2.2 Percentage of InfoSec policies and procedures implemented Base: 95% Target: 100% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: DCA Policies and Procedures Calculation Method: Meaningful Use of Measure: Ensures DCA staff treats customer information appropriately and incompliance with policies and procedures.Workplace EnvironmentProvide an environment that supports staff development, retention and agency mission fulfillment_7d9f75b0-1882-11e9-b4f9-8deee0e8efbc4.34.3.1 Maintain employee satisfaction rate of at least 90% Base: 93% Target: 90% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: HR Reports, updated annually Calculation Method: Meaningful Use of Measure: Ensuring DCA provides desirable work environment. 4.3.2 Employee turnover rate (percentage) Base: 15.40% Target: <10% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: SCEIS reports, updated daily Calculation Method: Meaningful Use of Measure: Ensuring DCA provides desirable work environment. 4.3.3 Equal Opportunity Employment Rating Base: 100.00% Target: >70% Actual: % Time Applicable: July 1- June 30 Data Source and Availability: Human Affairs Commission reports, updated annually Calculation Method: Meaningful Use of Measure: Ensuring compliance with laws and DCA provides desirable work environment.2018-07-012019-06-302019-01-15https://www.scstatehouse.gov/reports/aar2018/R280.pdfOwenAmburOwen.Ambur@verizon.net