South Carolina

South Carolina Department of Consumer Affairs
P.O. Box 5757
Columbia, SC 29250
(803) 734-4200/(800) 922-1594
http://www.consumer.sc.gov/
To file a complaint online, click here.
South Carolina’s Laws
Here’s a snapshot of South Carolina’s laws regarding deceptive advertising:
South Carolina Code § 39-5-10 and § 39-5-20: Among other things, states that unfair or deceptive acts in advertisements are unlawful.
Possible Penalties
Some of the penalties that fraudulent or deceptive advertisers may suffer in South Carolina include:
- Restraining order or Injunction (South Carolina Code § 39-5-50);
- The return of money or property acquired by the unlawful advertising (South Carolina Code § 39-5-50);
- Actual damages (South Carolina Code § 39-5-140);
- Three times the amount of actual damages if the advertiser acted willfully or knowingly (South Carolina Code § 39-5-140)
- The cost of reasonable attorney’s fees of the person suing, if that person wins the lawsuit (South Carolina Code § 39-5-140);
- Up to $5,000 per willful violation of the law against deceptive advertising (South Carolina Code § 39-5-110);
- Up to $15,000 per violation of an injunction (South Carolina Code § 39-5-110).
Small Claims Court in South Carolina
If you’re not trying to recover big bucks, but rather just trying to recoup the money you spent on a product or service after being duped by a false ad, then you might consider filing a lawsuit in Small Claims Court.
For general info about filing a lawsuit in Small Claims Court, click here.
For info on how to file a Small Claims lawsuit in South Carolina, click here.
Researching Consumer Complaints
To obtain copies of complaints consumers have filed against a business, you can also send Freedom of Information requests to:
South Carolina Office of the Attorney General
Rembert C. Dennis Building
P.O. Box 11549
Columbia, SC 29211-1549
South Carolina Department of Consumer Affairs
P.O. Box 5757
Columbia, SC 29250-5757.
A sample Freedom of Information list can be found here.
**Please note that this page is informational only and does not take the place of legal advice. Please also note that the above summary is meant to provide a brief look at the laws in South Carolina, and not a comprehensive list.**
A court order that requires a person or company to do a particular act or to refrain from doing a particular act. Example? A court order prohibiting a company from using an ad that’s been deemed deceptive.
Compensation for losses that are proven to have occurred.