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TILLEY v. PACESETTER CORP.

No. 24848.

333 S.C. 33 (1998)

508 S.E.2d 16

Reather B. TILLEY, Willis E. Wood, Owena R. Wood, Louise Williams, on behalf of themselves and all others similarly situated, Respondents, v. PACESETTER CORPORATION, including but not limited to its division known as Federal Diversified Services, Appellant.

Supreme Court of South Carolina.

Decided October 26, 1998.

Rehearing Denied December 3, 1998.

Attorney(s) appearing for the Case

Desa Ballard, of West Columbia; Miles Loadholt, of Ness, Motley, Loadholt, Richardson & Poole, of Barnwell; Daryl L. Williams, of Jeter & Williams, of Columbia, and Richard Sinkfield, of Rogers & Hardin, of Atlanta, Ga., for appellant.

Steven W. Hamm and Mary S. League, both of Richardson, Plowden, Carpenter & Robinson, PA, of Columbia; T. Alexander Beard, of Beard Law Offices, of Charleston; Bradford P. Simpson and B. Randall Dong, both of Simpson, Dong & Wingate, LLC, of Columbia; Daniel W. Williams, of Bedingfield & Williams, of Barnwell, for respondents.

David W. Robinson, II, and J. Kershaw Spong, both of Robinson, McFadden & Moore, of Columbia; William C. Hubbard, John T. Moore, C. Mitchell Brown, B. Rush Smith, III, and Jeffrey A. Jacobs, all of Nelson, Mullins, Riley & Scarborough, of Columbia, for Amici Curiae South Carolina Bankers Association and South Carolina Financial Services.

PER CURIAM:

This is a class action in which the trial court granted respondents (hereafter Buyers) summary judgment. The court ruled that appellant, Pacesetter Corporation, failed to comply with the attorney and insurance agent preference provisions of the South Carolina Consumer Protection Code (CPC). We affirm.

FACTS

Pacesetter is a Nebraska Corporation which sells aluminum windows, awnings, and doors, in South Carolina. Buyers in this case each...

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