South Carolina

South Carolina Department of Consumer Affairs
2221 Devine Street, Suite 200
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
2221 Devine St., Suite 200
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.**