South Carolina: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes, a person who suffers ascertainable loss may bring an action individually, but not in a representative capacity

SECTION 39-5-140

may bring an action individually, but not in a representative capacity, to recover actual damages

Actual damages

Recovery for the loss a person actually suffered.

Actual damages recoverable

SECTION 39-5-140

to recover actual damages

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Treble damages for willful or knowing violation

SECTION 39-5-140

the court shall award three times the actual damages sustained

Attorney fees

Rules for recovering the cost of legal representation.

To person bringing action, mandatory upon finding of violation

SECTION 39-5-140

the court shall award to the person bringing such action under this section reasonable attorney's fees and costs

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Attorney General must give at least three days notice before instituting proceedings, unless determined in writing that purposes would be impaired

SECTION 39-5-50

he shall, at least three days before instituting any legal proceedings as provided in this section, give notice

Class action limits

Restrictions on bringing claims on behalf of a class.

Action may be brought individually, but not in a representative capacity

SECTION 39-5-140

may bring an action individually, but not in a representative capacity

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Courts guided by FTC and Federal Court interpretations of FTC Act Section 5(a)(1)

SECTION 39-5-20

the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts

Time limit for a claim

The period in which an action must be brought.

Three years after discovery of unlawful conduct

SECTION 39-5-150

No action may be brought under this article more than three years after discovery of the unlawful conduct

Injunctive relief

Court orders requiring conduct to stop or change.

Attorney General may seek temporary restraining order, temporary injunction, or permanent injunction

SECTION 39-5-50

to restrain by temporary restraining order, temporary injunction or permanent injunction the use of such method, act or practice

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Not exceeding five thousand dollars per violation for willful violation; not more than fifteen thousand dollars per violation for violating injunction terms

SECTION 39-5-110

may recover on behalf of the State a civil penalty of not exceeding five thousand dollars per violation