reglab/housing_qa huggingface dataset:
SC Code § 39-5-50 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-50. Action for injunction against violation of article; additional orders or judgments to restore property acquired by illegal means.

 (a) Whenever the Attorney General has reasonable cause to believe that any person is using, has used or is about to use any method, act or practice declared by Section 39-5-20 to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the State against such person to restrain by temporary restraining order, temporary injunction or permanent injunction the use of such method, act or practice. Unless the Attorney General determines in writing that the purposes of this article will be substantially impaired by delay in instituting legal proceedings, he shall, at least three days before instituting any legal proceedings as provided in this section, give notice to the person against whom proceedings are contemplated and give such person an opportunity to present reasons to the Attorney General why such proceedings should not be instituted. The action may be brought in the court of common pleas in the county in which such person resides, has his principal place of business or conducts or transacts business. The courts are authorized to issue orders and injunctions to restrain and prevent violations of this article, and such orders and injunctions shall be issued without bond. Whenever any permanent injunction is issued by such court in connection with any action which has become final, reasonable costs shall be awarded to the State.  (b) The court may make such additional orders or judgments as may be necessary to restore to any person who has suffered any ascertainable loss by reason of the use or employment of such unlawful method, act or practice, any moneys or property, real or personal, which may have been acquired by means of any practice declared to be unlawful in this article, including the revocation of a license or certificate authorizing that person to engage in business in this State, provided the order declaring the practice to have been unlawful has become final.  HISTORY: 1962 Code Section 66-71.4; 1971 (57) 369.
SC Code § 39-5-60 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-60. Assurance of voluntary compliance with article.

 In the administration of this article, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be in violation of this article from any person who has engaged in, is engaging in, or is about to engage in such method, act or practice. Such assurance may include a stipulation for the voluntary payment by such person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved buyers, or both. Any such assurance shall be in writing and be filed with and subject to the approval of the court of common pleas having jurisdiction. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose; however, any violation of the terms of such assurance shall constitute prima facie evidence of a violation of the provisions of this article. Matters thus closed may at any time be reopened by the Attorney General for further proceedings in the public interest.  HISTORY: 1962 Code Section 66-71.5; 1971 (57) 369.
SC Code § 39-5-70 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-70. Investigative demand by Attorney General.

 (a) When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this article, or when he believes it to be in the public interests that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this article, he may execute in writing and cause to be served upon that person or any other person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation, an investigative demand requiring such person to furnish, under oath, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination and copying, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.  (b) At any time before the return date specified in an investigative demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date for a reasonable time or to modify or set aside the demand, stating good cause, may be filed in the court of common pleas where the person served with the demand resides or has his principal place of business or conducts or transacts business. This section shall not be applicable to any criminal proceedings, nor shall any information obtained under the authority of this section or Section 39-5-80 be admissible in evidence in any criminal prosecution.  HISTORY: 1962 Code Section 66-71.6; 1971 (57) 369.
SC Code § 39-5-80 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-80. Additional powers of Attorney General in administration of article.

 To accomplish the objectives and to carry out the duties prescribed by this article, the Attorney General, in addition to other powers conferred upon him by this article, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such rules and regulations as may be necessary, which rules and regulations shall have the force and effect of law; provided, however, that none of the powers conferred by this article shall be used for the purpose of compelling any person to furnish testimony or evidence which might tend to incriminate him or subject him to a penalty or forfeiture; and provided, further, that information obtained pursuant to the powers conferred by this article shall not be made public or disclosed by the Attorney General or his employees beyond the extent necessary for law-enforcement purposes in the public interest.  HISTORY: 1962 Code Section 66-71.7; 1971 (57) 369.
SC Code § 39-5-90 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-90. Service of notice, demand or subpoena.

 Service of any notice, demand or subpoena under this article shall be made personally within this State, but if such cannot be obtained, substituted service therefor may be made in the following manner:  (a) Personal service thereof without this State; or  (b) In the manner provided by the laws of this State as if a summons or other pleading which institutes a civil proceeding had been filed; or  (c) Such service as a court of common pleas may direct in lieu of personal service within this State.  HISTORY: 1962 Code Section 66-71.8; 1971 (57) 369.
SC Code § 39-5-100 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-100. Person served with notice, investigative demand or subpoena shall comply; penalty for violation; enforcement.

 A person upon whom a notice, investigative demand, or subpoena is served pursuant to the provisions of Section 39-5-90 shall comply with the terms thereof unless otherwise provided by the order of a court as provided for in Section 39-5-70. Any person who fails to appear, or with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this article, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody, or control of any person subject to any such notice, or knowingly conceals any relevant information, shall be assessed a civil penalty of not more than five thousand dollars.  The Attorney General may file in the court of common pleas in which such person resides, has his principal place of business, or conducts or transacts business, and serve upon such person, in the same manner as provided for in Section 39-5-90, a petition for an order of such court for the enforcement of this section and Sections 39-5-70 and 39-5-80.  HISTORY: 1962 Code Section 66-71.9; 1971 (57) 369.
SC Code § 39-5-110 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-110. Civil penalties for willful violation or violations of injunction.

 (a) If a court finds that any person is willfully using or has willfully used a method, act or practice declared unlawful by Section 39-5-20, the Attorney General, upon petition to the court, may recover on behalf of the State a civil penalty of not exceeding five thousand dollars per violation.  (b) Any person who violates the terms of an injunction issued under Section 39-5-50 shall forfeit and pay to the State a civil penalty of not more than fifteen thousand dollars per violation. For the purposes of this section, the court of common pleas issuing an injunction shall retain jurisdiction, and the cause shall be continued and in such cases the Attorney General acting in the name of the State may petition for recovery of civil penalties. Whenever the court determines that an injunction issued pursuant to Section 39-5-50 has been violated, the court shall award reasonable costs to the State.  (c) For the purposes of this section, a willful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of Section 39-5-20.  HISTORY: 1962 Code Section 66-71.10; 1971 (57) 369.
SC Code § 39-5-120 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-120. Dissolution, suspension or forfeiture of franchise or charter of corporation violating injunction.

 Upon petition by the Attorney General, the court of common pleas may, for good cause shown, order the dissolution or suspension or forfeiture of any franchise or charter of any corporation which violates the terms of any injunction issued under Section 39-5-50.  HISTORY: 1962 Code Section 66-71.11; 1971 (57) 369.
SC Code § 39-5-130 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-130. Duty of solicitors and county and city attorneys.

 It shall be the duty of the solicitors of each judicial circuit and all county and city attorneys to lend to the Attorney General such assistance as the Attorney General may request in the commencement and prosecution of actions pursuant to this article, or any solicitor or county or city attorney with prior approval of the Attorney General may institute and prosecute actions hereunder in the same manner as provided for the Attorney General; provided, however, that if an action is prosecuted by a solicitor or county or city attorney alone, he shall make a full report thereon to the Attorney General, including the final disposition of the matter.  HISTORY: 1962 Code Section 66-71.12; 1971 (57) 369.
SC Code § 39-5-140 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-140. Actions for damages.

 (a) Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of an unfair or deceptive method, act or practice declared unlawful by Section 39-5-20 may bring an action individually, but not in a representative capacity, to recover actual damages. If the court finds that the use or employment of the unfair or deceptive method, act or practice was a willful or knowing violation of Section 39-5-20, the court shall award three times the actual damages sustained and may provide such other relief as it deems necessary or proper. Upon the finding by the court of a violation of this article, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs.  (b) Upon commencement of any action brought under subsection (a) of this section, the clerk of court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General.  (c) Any permanent injunction, judgment or order of the court made under Section 39-5-50 shall be prima facie evidence in an action brought under Section 39-5-140 that the respondent used or employed a method, act or practice declared unlawful by Section 39-5-20.  (d) For the purposes of this section, a willful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of Section 39-5-20.  HISTORY: 1962 Code Section 66-71.13; 1971 (57) 369.
SC Code § 39-5-147 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-147. Charitable solicitations during emergencies; penalty.

 (A) Upon a declaration of a state of emergency by the Governor, it is unlawful and a violation of this article for a person or his agent or employee to solicit the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading.  (B) Upon a declaration of a state of disaster by the President, in which the disaster areas include all or a portion of the State of South Carolina, it is unlawful and a violation of this article for a person or his agent or employee to solicit in this State the contribution or sale of goods or services for charitable purposes by any manner, means, practice, or device that is knowingly and wilfully misleading.  (C) These prohibitions remain in effect until the declaration of emergency or disaster expires or is terminated.  (D) In addition to all other remedies provided in this article, a person who wilfully violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days.  HISTORY: 2002 Act No. 339, Section 21, eff July 2, 2002.
SC Code § 39-5-149 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-149. Registration of agent by trade association, corporation, or partnership to receive notification of state of emergency.

 A trade association, corporation, or partnership may register an agent for the purposes of being notified when the Governor declares and terminates a state of emergency. A trade association may designate up to three persons to be notified on behalf of the organization's members. The trade association, corporation, or partnership is responsible for maintaining current information for the designated agent or agents. The Governor's Office is responsible for notifying the registered agents simultaneous to the declaration and termination of the state of emergency.  HISTORY: 2002 Act No. 339, Section 21, eff July 2, 2002.
SC Code § 39-5-150 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-150. Limitation of actions.

 No action may be brought under this article more than three years after discovery of the unlawful conduct which is the subject of the suit.  HISTORY: 1962 Code Section 66-71.14; 1971 (57) 369.
SC Code § 39-5-160 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-160. Article shall be cumulative.

 The powers and remedies provided by this article shall be cumulative and supplementary to all powers and remedies otherwise provided by law.  HISTORY: 1962 Code Section 66-71.15; 1971 (57) 369.
SC Code § 39-5-170 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-170. Vehicle glass repair business; unlawful practices.

 It is an unfair trade practice and unlawful for a person who is acting on behalf of or engaged in a vehicle glass repair business to offer or make a payment or transfer money or other consideration to:  (1) a third person for the third person's referral of an insurance claimant to the vehicle glass repair business for the repair or replacement of vehicle safety glass;  (2) an insurance claimant in connection with the repair or replacement of vehicle safety glass; or  (3) waive, rebate, give, or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the vehicle glass repair business.  HISTORY: 2002 Act No. 215, Section 1, eff April 22, 2002.
SC Code § 39-5-310 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-310. Definitions.

 For the purpose of this article:  (1) A "wholesale" sale shall be one made to any person for the purpose of resale at retail; and  (2) A "retail sale" shall be a sale for the purpose of consumption or use.  HISTORY: 1962 Code Section 66-81; 1952 Code Section 66-81; 1942 Code Section 6640; 1939 (41) 425.
SC Code § 39-5-320 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-320. Sale by wholesaler at retail for as low a price as at wholesale shall be unfair trade practice.

 It is declared an unfair trade practice and unlawful for any person who is in both the wholesale and retail business of selling merchandise to sell merchandise of like grade and quality at retail at a price as low as such person sells the same merchandise at wholesale in the same town or locality.  HISTORY: 1962 Code Section 66-82; 1952 Code Section 66-82; 1942 Code Section 6640; 1939 (41) 425.
SC Code § 39-5-325 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-325. Unfair trade practice for retailer of motor fuel to sell below cost with intent or effect of impairing competition; exemptions; records to support claimed exemption.

 (A) Except as otherwise permitted to meet competition as provided by this chapter, it is declared an unfair trade practice and unlawful for any person who is in the retail business of selling motor fuel to sell motor fuel of like grade and quality at retail at a price which is below the cost of acquiring the product plus taxes and transportation where the intent or effect is to destroy or substantially lessen competition or to injure a competitor.  (B) The provisions of subsection (A) shall not apply in the following situations where:  (1) motor fuel is advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such motor fuel, and the advertising, offer to sell, or sale shall state the reason therefor and the quantity of such motor fuel advertised, offered for sale, or to be sold;  (2) motor fuel is sold upon the final liquidation of a business;  (3) motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court;  (4) motor fuel is sold for promotional purposes including, but not limited to, grand opening, anniversary, or promotional sales. However, the total number of days for promotional sales shall not exceed fourteen days within each calendar year; or  (5) an isolated or inadvertent incident occurs that does not exceed two days.  (C) Any person who is in the retail business of selling motor fuel claiming any exemption from subsection (A) under the exceptions provided in subsection (B) must keep and maintain records substantiating this claim. These records must be made available to the Office of the Attorney General on request made in connection with any investigation of a possible violation of this section by the Attorney General.  HISTORY: 1993 Act No. 161, Section 1, eff sixty days after approval (approved June 15, 1993); 2017 Act No. 29 (S.359), Section 1, eff May 10, 2017.  Effect of Amendment  2017 Act No. 29, Section 1, in (C), in the second sentence, deleted "Department of Consumer Affairs and", substituted "Office of the Attorney General" for "the Attorney General's Office", and deleted "department or the" following "possible violation of this section by the".
SC Code § 39-5-330 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-330. Sale by wholesaler at retail at lower price than at wholesale shall be unfair trade practice.

 It is declared an unfair trade practice and unlawful for any person who is in both the wholesale and retail business of selling merchandise to sell merchandise of like grade and quality at retail at a lower price than such person sells the same merchandise at wholesale in the same town or locality.  HISTORY: 1962 Code Section 66-83; 1952 Code Section 66-83; 1942 Code Section 6640; 1939 (41) 425.
SC Code § 39-5-340 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 5 - Unfair Trade Practices|Section 39-5-340. Liability of wholesaler for sale at wholesale prices by retail establishment controlled by wholesaler.

 When a wholesaler owns a controlling interest or stock in a retail establishment or corporation and creates, organizes or maintains such retail outlet for the purpose of violating this article by making retail sales therefrom at a price that would be in violation of this article if made at retail directly by the wholesaler, such wholesaler shall be liable also for any violation of this article by any such retailer.  HISTORY: 1962 Code Section 66-84; 1952 Code Section 66-84; 1942 Code Section 6640; 1939 (41) 425.