South Carolina S 821: Savannah River settlement appropriations

Bill Text

2025-2026 Bill 821 Text of Previous Version (Mar. 03, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 821

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Committee Report

March 3, 2026

S. 821

Introduced 
by Senators Bennett and Turner 

S. Printed 3/3/26--S.

Read the first time January 15, 2026

________

The committee on Senate 
Labor, Commerce and Industry

To whom was referred a Bill (S. 821) to 
amend the South Carolina Code of Laws by amending Section 39-5-39, relating to 
an attorney advertising in a false, deceptive, or misleading manner, so as to 
define, etc., respectfully

Report:

That they have duly and carefully 
considered the same, and recommend that the same do pass with amendment:

 Amend the bill, as and if amended, SECTION 1, by 
striking Section 39-5-39(B) and inserting:

 (B) Notwithstanding 
another provision of law, it is an unlawful trade practice, pursuant to Section 
39-5-20, for an attorney to advertise his a person or entity, including a third-party generator or 
referral service, to create, sponsor, finance, or disseminate advertising for 
legal services in this State in a false, deceptive, or misleading manner 
including, but not limited to, the use of a nickname that creates an 
unreasonable expectation of results.

Amend the 
bill further, SECTION 1, by striking Section 39-5-39(E) and (F) and inserting:

 (E) Any advertising for legal services, 
in whatever form or medium, must disclose clearly and conspicuously, in close 
proximity and in a similar size, the identity of the attorney or law firm that 
will be primarily responsible for the client's representation or a clear 
explanation of how the matter will be referred to an attorney or law firm.

 (E)(F) A violation of subsections (C), or (D), or (E) constitutes an unfair 
trade practice enforceable exclusively by the Department of Consumer Affairs 
who shall seek both monetary and injunctive relief.

 (F)(G) A violation of this section does not create any private cause 
of action for a violation of this section.

Amend the 
bill further, by adding an appropriately numbered SECTION to read:

SECTION X. If any section, subsection, 
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for 
any reason held to be unconstitutional or invalid, such holding shall not 
affect the constitutionality or validity of the remaining portions of this act, 
the General Assembly hereby declaring that it would have passed this act, and 
each and every section, subsection, paragraph, subparagraph, sentence, clause, 
phrase, and word thereof, irrespective of the fact that any one or more other 
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, 
or words hereof may be declared to be unconstitutional, invalid, or otherwise 
ineffective.

Renumber sections to conform.

Amend title to conform.

THOMAS DAVIS for 
Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY 
AMENDING SECTION 39-5-39, RELATING TO AN ATTORNEY ADVERTISING IN A FALSE, 
DECEPTIVE, OR MISLEADING MANNER, SO AS TO DEFINE FALSE ADVERTISING; TO PROVIDE 
THAT ANY ADVERTISING FOR LEGAL SERVICES THAT REFERENCES A SETTLEMENT OBTAINED 
ON BEHALF OF A CLIENT MUST DISCLOSE THE AMOUNT OF ATTORNEY'S FEES AND 
LITIGATION COSTS DEDUCTED FROM THE RECOVERY; TO REQUIRE THE LEGAL ADVERTISEMENT 
TO CLARIFY THAT ANY REFERENCED RESULTS ARE NOT REPRESENTATIVE OF ALL CASES AND 
THAT OUTCOMES DEPEND ON THE SPECIFIC FACTS OF EACH CASE; AND TO PROVIDE THAT 
ANY ADVERTISING FOR LEGAL SERVICES THAT STATES THAT THE FILING OF A LAWSUIT IS 
AGAINST AN INSURANCE COMPANY OR OTHER THIRD PARTY MUST DISCLOSE THE FACT THAT 
ANY LAWSUIT WOULD BE FILED AGAINST AN INDIVIDUAL OR BUSINESS THAT WOULD BE 
NAMED AS THE DEFENDANT AND THAT THE INSURANCE COMPANY IS ONLY PROVIDING THE 
COVERAGE ON BEHALF OF THE NAMED INDIVIDUAL OR BUSINESS BASED ON A POLICY 
PURCHASED BY THE INDIVIDUAL OR BUSINESS.

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

SECTION 
1. Section 39-5-39 of the S.C. Code is amended to 
read:

 Section 
39-5-39. (A) Advertising shall be deemed false, deceptive, or misleading 
if it:

 (1) contains any statement, implication, 
or inference that guarantees, assures, or promises a particular outcome, 
recovery, verdict, settlement amount, or success rate;

 (2) suggests that past results, case 
outcomes, or client recoveries are indicative of future results, unless 
accompanied by a clear and prominent statement that prior results do not 
guarantee a similar outcome; or

 (3) uses superlative, comparative, or 
predictive language that cannot be substantiated and that would reasonably lead 
a prospective client to expect results that are not typical or reasonably 
achievable.

 (B) Notwithstanding another 
provisi