Deceptive Business Practices
S.C. Code 39-5-20 and S.C. Code 39-5-140 — unfair or deceptive acts unlawful, three times the damages for a willful violation, and three years to sue
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful in South Carolina. Courts are guided by how the Federal Trade Commission and the federal courts read the Federal Trade Commission Act.
Three times the damages, and the fees. A person who suffers an ascertainable loss of money or property from an unlawful practice may sue individually, though not on behalf of a class, for actual damages. If the violation was willful or knowing, meaning the business knew or should have known it was unlawful, the court awards three times the actual damages. On any violation, the court awards reasonable attorney's fees and costs.
Three years from discovery. No action may be brought under the article more than three years after the unlawful conduct is discovered.
The clerk sends a copy of the complaint and the judgment to the Attorney General, who also enforces the article. Whether a particular practice is unfair or deceptive is a question for a court and a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 39-5-20 — Unfair methods of competition and unfair or deceptive acts or practices unlawful
- S.C. Code 39-5-140 — Unfair trade practices; actions for damages
- S.C. Code 39-5-150 — Unfair trade practices; limitation of actions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.