South Carolina Unfair Trade Practices Act — General Provisions
S.C. Code Ann. §§ 39-5-10–39-5-180All 26 active Article 1 sections were checked against the South Carolina Legislature’s current unannotated Chapter 5 publication. The chapter also contains specialized merchandising, motion-picture, pyramid-scheme, and earned-wage-access articles outside this general consumer-protection inventory.
Short title; definitions
Names the Act and defines person, trade and commerce, documentary material, and examination.
Read available section text ↗Unfair or deceptive practices unlawful
Declares unfair methods of competition and unfair or deceptive acts or practices unlawful and directs courts to federal interpretations.
Read available section text ↗Required automobile-loan insurance coverage
Treats specified lender requirements for automobile insurance coverage as an unfair trade practice.
Read available section text ↗Resale of event tickets
Addresses specified bulk ticket purchases and resale above the original price.
Read available section text ↗Misrepresentation through assumed business names
Prohibits intentional misrepresentation of business origin, facility ownership, or location through an assumed or fictitious name.
Read available section text ↗Misleading live-performance advertising
Addresses misleading affiliations in live musical-performance advertising, exceptions, injunctions, restoration, and penalties.
Read available section text ↗False or misleading attorney advertising
Treats specified false, deceptive, or misleading attorney advertising as an unlawful trade practice.
Read available section text ↗Practices and transactions outside the article
Lists exemptions and places the burden of establishing an exemption on the person claiming it.
Read available section text ↗Misrepresenting food as a South Carolina product
Prohibits knowing and willful misrepresentation of qualifying food or food products as originating in South Carolina.
Read available section text ↗Injunctions and restoration orders
Authorizes Attorney General actions to restrain unlawful practices and permits specified restoration and licensing relief.
Read available section text ↗Assurance of voluntary compliance
Allows a written, court-approved assurance of compliance, investigative costs, escrow, or restitution without automatic admission.
Read available section text ↗Attorney General investigative demand
Authorizes reports, testimony, documents, and physical evidence and provides a short procedure to seek modification or relief.
Read available section text ↗Additional Attorney General powers
Addresses subpoenas, oaths, hearings, forms, rules, self-incrimination protections, and confidentiality.
Read available section text ↗Service of notice, demand, or subpoena
Provides methods for serving consumer-protection investigative process.
Read available section text ↗Compliance with investigative process
Requires compliance and provides penalties and court enforcement for specified obstruction or concealment.
Read available section text ↗Civil penalties
Provides penalties for willful violations and violations of injunctions.
Read available section text ↗Dissolution, suspension, or forfeiture
Authorizes specified corporate franchise or charter consequences for violating an injunction.
Read available section text ↗Duties of local government attorneys
Requires specified prosecuting and government attorneys to assist or, with approval, bring enforcement actions.
Read available section text ↗Actions for damages
Addresses individual actions for ascertainable loss, actual and enhanced damages, attorney fees, costs, and evidentiary effect; review current law before asserting a claim.
Read available section text ↗Emergency price gouging
Defines and restricts specified unconscionable prices during emergencies, disasters, and abnormal market disruptions.
Read available section text ↗Emergency charitable solicitations
Prohibits knowingly and willfully misleading charitable solicitations during covered emergencies or disasters.
Read available section text ↗Emergency-notification agents
Allows specified entities to register agents to receive state-of-emergency notifications.
Read available section text ↗Limitation of actions
Provides a three-year discovery-based limitation; obtain legal advice before calculating any deadline.
Read available section text ↗Cumulative remedies
States that Article 1 powers and remedies supplement those otherwise provided by law.
Read available section text ↗Vehicle-glass repair business practices
Prohibits specified referral payments, deductible rebates, and other consideration connected with vehicle-glass insurance claims.
Read available section text ↗Vehicle-glass false claims
Lists knowing false-claim, authorization, coverage, damage, billing, and affiliation practices involving vehicle-glass work.
Read available section text ↗