South Carolina H 3179: Unfair trade practices

Bill Text

2025-2026 Bill 3179 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3179

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
56-14-170 SO AS TO PROVIDE IT IS UNLAWFUL FOR MANUFACTURERS, FACTORY BRANCHES, 
FACTORY REPRESENTATIVES, DISTRIBUTORS, WHOLESALERS, DISTRIBUTOR BRANCHES, DISTRIBUTOR 
REPRESENTATIVES, OR RECREATIONAL VEHICLE DEALERS TO ENGAGE IN UNFAIR METHODS OF 
COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES, AND TO PROVIDE 
PENALTIES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 14, Title 56 of the S.C. Code is amended by 
adding:

 Section 
56-14-170. (A) Unfair methods of competition 
and unfair or deceptive acts or practices as contained in subsection (B) are 
unlawful. In construing this subsection, the courts may be guided by the 
definitions in the Federal Trade Commission Act (15 U.S.C. 45).

 (B) 
It is unlawful for any manufacturer, factory branch, factory representative, 
distributor, wholesaler, distributor branch, distributor representative, or 
recreational vehicle dealer to engage in any action which is arbitrary, in bad 
faith, or unconscionable and which causes damage to any of the parties or to 
the public.

 (C) 
In addition to temporary or permanent injunctive relief, any person who shall 
be injured in his business or property by reason of anything forbidden in this 
section may sue in the court of common pleas and shall recover double the 
actual damages sustained, and the cost of suit, including reasonable attorney's 
fees.

 (D) 
When the action is one of common or general interest to many persons or when 
the parties are numerous and it is unpractical to bring them all before the 
court, one or more may sue for the benefit of the whole, including actions for 
injunctive relief.

 (E) 
In an action for money damages, if the jury finds that the defendant acted 
maliciously, the jury may award punitive damages not to exceed three times the 
actual damages.

 (F) A 
final judgment, order, or decree rendered against a person in any civil, 
criminal, or administrative proceeding under the United States antitrust laws, 
the Federal Trade Commission Act, or under this section shall constitute prima 
facie evidence against the person subject to the conditions of the United 
States Antitrust Law (15 U.S.C. 16).

SECTION 2. This act takes effect upon approval 
by the Governor.

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