reglab/statecodes huggingface dataset:
2023 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 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.
2023 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.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-120. Dissolution, suspension, or forfeiture.

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.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-130. Duty of solicitors, 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-149. Registration of agent 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-320. Retail sale by wholesaler at wholesale price is an 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.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-325. Unfair trade practice for motor fuel retailer to sell below cost in order to affect competition; exemptions.

(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".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-330. Retail sale at lower than wholesale price is an 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.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-340. Liability of 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.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-350. Exemptions.

(A) No part of this article shall be construed to apply to sales at wholesale to hotels, restaurants, colleges, bona fide licensed contractors, farmers buying for their plantations, including labor on their own farms, boardinghouses, religious institutions, or county, city, federal, or state institutions or departments or to cooperative purchases for redistribution among farmers. Retail sales of merchandise of like grade and quality at a price to meet existing competition at any time in any town or locality are also exempt from the provisions of this article. But if such competition is created by any person in violation of this article or when any two or more persons contend that they are meeting the competition of the other and all would be making retail sales in violation of this article, except for the above provisions allowing existing competition to be met, any retailer affected thereby may enjoin all in such category from continuing such practices in any court of competent jurisdiction in this State.
(B) Any person selling motor fuel at wholesale or retail at a price below the actual cost of acquiring the product, including transportation and taxes, claiming exemption from this article on the basis that such sales of motor fuel by that person are at a price to meet existing competition under subsection (A) shall keep and maintain records substantiating each effort to meet the competition, including the identity and place of business of the competitors whose competition that person is meeting. The records must be made available to the Attorney General on request made in connection with any investigation of a possible violation of this article by the Attorney General.
HISTORY: 1962 Code Section 66-85; 1952 Code Section 66-85; 1942 Code Section 6640; 1939 (41) 425; 1993 Act No. 161, Section 2, eff sixty days after approval (approved June 15, 1993); 2017 Act No. 29 (S.359), Section 2, eff May 10, 2017.
Effect of Amendment
The 1993 amendment designated the existing material subsection (A) and added subsection (B).
2017 Act No. 29, Section 2, in (B), deleted "of this section" following "under subsection (A)", deleted "the Department of Consumer Affairs and" following "made available to", and deleted "department or the" following "possible violation of this article by the".
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-360. Penalties.

Each sale in violation of the terms of this article shall be declared a separate offense and the penalty for each violation thereof shall be a fine of not more than one hundred dollars or imprisonment for not more than thirty days in the discretion of the court.
HISTORY: 1962 Code Section 66-86; 1952 Code Section 66-86; 1942 Code Section 6640; 1939 (41) 425.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-510. Definitions.

When used in this article:
(a) "Theater" means any establishment in which motion pictures are exhibited to the public regularly for a charge.
(b) "Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental or licensing.
(c) "Exhibitor" means any person engaged in the business of operating one or more theaters.
(d) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge.
(e) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture.
(f) "Bid" means a written or oral offer or proposal by an exhibitor to a distributor in response to an invitation to bid or otherwise stating the terms under which the exhibitor will agree to exhibit a motion picture.
(g) "License agreement" means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor.
(h) "Trade screening" means the showing of a motion picture by a distributor at a location within the State or in the Film Exchange Center in the State of North Carolina which is open to any exhibitor interested in exhibiting the motion picture.
(i) "Blind bidding" means the bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture if the motion picture has not been trade screened within the State or in the Film Exchange Center in the State of North Carolina before any such event has occurred.
(j) "Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area; a "second run" is the second exhibition and "subsequent runs" are subsequent exhibitions after the second run.
HISTORY: 1978 Act No. 523 Section 2; 1979 Act No. 33 Sections 1, 2.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-520. Blind bidding prohibited; notice of trade screenings required.

(a) Blind bidding is prohibited in this State. No bids shall be returnable; no negotiations for the exhibition or licensing of a motion picture shall take place and no license agreement or any of its terms shall be agreed to for the exhibition of any motion picture in this State before the motion picture has been trade screened in the State or in the Film Exchange Center in the State of North Carolina.
(b) A distributor shall include in each invitation to bid for a motion picture for exhibition in the State, if the motion picture has not already been trade screened, the date, time and place of trade screening of the motion picture.
(c) A distributor shall provide reasonable and uniform notice to exhibitors in the State of all trade screenings of motion pictures he is distributing for exhibition within this State. The notice may be by mail or by publication having general circulation among exhibitors in the State.
HISTORY: 1978 Act No. 523 Section 3; 1979 Act No. 33 Section 3.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-530. Contents of invitation to bid; examination of bids; rebids.

If bids are solicited from exhibitors for the licensing of a motion picture in the State:
(a) The invitation to bid shall specify (1) the number and length of runs for which the bid is being solicited, whether it is a first, second or subsequent run and the geographic area for each run; (2) the names of all exhibitors who are being individually solicited; (3) the date and hour the invitation to bid expires and (4) the location, including the address, where the bids will be opened at the distributor's place of business in the film exchange center.
(b) All bids shall be submitted in writing and shall be opened at the same time and in the presence of exhibitors or their agents.
(c) After being opened, bids shall be subject to examination by exhibitors or their agents. Within seven days, exclusive of Saturday and Sunday, after a bid is accepted, the distributor shall notify in writing each exhibitor who submitted a bid of the terms of the accepted bid and the name of the winning bidder.
(d) Once bids are solicited, the distributor shall license the picture only by bidding and must solicit rebids if he does not accept any of the submitted bids.
HISTORY: 1978 Act No. 523 Section 4.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-540. Waiver of blind bidding prohibited.

If the first run exhibitors within any county in this State desire to waive the provisions of this article for the purpose of blind bidding on a movie to be shown within that county, the exhibitors may waive the provisions and blind bid if all exhibitors within that county who exhibit first run movies agree in writing to such waiver; and the distributors shall have the right to request waivers from any and all first run exhibitors.
HISTORY: 1978 Act No. 523 Section 5.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-560. Penalty.

Any person violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than ten thousand dollars or be imprisoned for not more than six months.
HISTORY: 1978 Act No. 523 Section 6.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-720. Definitions.

As used in this article:
(1) "Compensation" means the payment of money, a thing of value, or a benefit.
(2) "Consideration" means either the payment of money or the provision of a thing of value for the purchase of a product, good, service, or intangible property. Consideration does not include:
(a) the purchase of a product, furnished at cost, for use in making a sale, but not for resale, of the purchased product itself; or
(b) time and effort spent to pursue a sale or recruiting activity.
(3) "Pyramid promotional scheme" means a plan or operation in which an individual pays consideration for the right to receive compensation based primarily upon recruiting other individuals into the plan or operation instead of selling products or services to ultimate users for their use or consumption.
(4) "Ultimate users" are individuals who consume or use the products or services, whether or not they are participants in the plan or operation.
HISTORY: 2017 Act No. 39 (H.3883), Section 1, eff May 10, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 5 - Unfair Trade Practices › Section 39-5-730. Pyramid promotional schemes prohibited.

A pyramid promotional scheme is an unfair trade practice pursuant to Section 39-5-20(a), and accordingly, is prohibited in this State.
HISTORY: 2017 Act No. 39 (H.3883), Section 1, eff May 10, 2017.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-10. Short title.

This chapter may be cited as the "Fair Practices of Farm, Construction, Industrial, and Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act".
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-30. Persons subject to chapter; jurisdiction and service of process.

A person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising of equipment for sale or has business dealings with respect to equipment within this State is subject to the provisions of this chapter and to the jurisdiction of the courts of this State upon service of process in accordance with the provisions of Chapter 9, Title 15.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-40. Legislative basis for unfair competition.

Unfair methods of competition and unfair or deceptive acts or practices are unlawful as provided in Section 39-6-50, Chapters 5 and 7 of Title 39, and the Federal Trade Commission Act.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-70. Manufacturer prohibited from owning or competing with dealerships; exceptions.

(A)(1) It is unlawful for a manufacturer, distributor, or wholesaler or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer, distributor, or wholesaler to:
(a) own, operate, or control or to participate in the ownership, operation, or control of a new equipment dealer in this State;
(b) establish in this State an additional dealer or dealership in which that person or entity has an interest; or
(c) own, operate, or control, directly or indirectly, an interest in a dealer or dealership in this State.
(2) This subsection does not prohibit the making of a loan by a manufacturer, distributor, or wholesaler to any person or entity for the purpose of acquiring a dealer or dealership, nor does it prohibit the ownership, operation, or control of a new equipment dealer by a manufacturer, distributor, or wholesaler:
(a) for a temporary period, not to exceed three years, during the transition from one owner or operator to another;
(b) if a prospective new equipment dealer is not available to own or operate the dealership within a particular geographic market area not serviced by an existing dealer and the manufacturer, distributor, or wholesaler contracts with or employs a third party to open or operate a dealership owned or controlled by the manufacturer, distributor, or wholesaler pursuant to a bona fide written agreement or plan giving a third party ownership of the new equipment dealer or dealership over time;
(c) during the period the new equipment dealer is being sold pursuant to a bona fide contract, shareholder agreement, or purchase option to the operator of the dealership; or
(d) if the manufacturer, distributor, or wholesaler is an owner, operator, or controller as of January 1, 2000, of a dealership that has been engaged in the retail sale of equipment within the same geographical market area for a continuous two-year period of time immediately before January 1, 2000, and a prospective new equipment dealer is not available to own or operate the dealership in a manner consistent with the public interest.
(B) It is unlawful for a manufacturer, distributor, or wholesaler or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer, distributor, or wholesaler to compete unfairly with a new equipment dealer of the same product line or make of new equipment operating pursuant to a dealership agreement or sales agreement in this State. Except as otherwise provided in this section, the mere ownership, operation, or control of a new equipment dealer by a manufacturer, distributor, or wholesaler is not a violation of this section.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-90. Sale or lease of new equipment by manufacturer; preparation and service by dealer.

(A) A manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division may sell or lease new equipment for use within this State. If the equipment is prepared for delivery or serviced by a dealer, the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division reasonably shall compensate the dealer for preparation and delivery of the new equipment and pay to the dealer a reasonable commission on the sale or lease of the new equipment. The manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, if practicable, shall utilize the dealer in the relevant geographical market area, as defined in subsection (B), for preparation and delivery. This compensation must be paid or credited in the same manner as provided in Section 39-6-100.
(B) For purposes of this section, equipment is considered to be used primarily within a dealer's geographic market area if the new equipment is located or housed at a user's facility located within that geographic market area.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-100. Fulfilling warranty agreement; payment of dealer claims; withholding warranty reimbursement prohibited.

(A) Each manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division must fulfill properly a warranty agreement and compensate adequately and fairly each of its equipment dealers for labor and parts. All claims made by equipment dealers pursuant to this section for the labor and parts and pursuant to Section 39-6-90 must be paid within thirty days following their approval. All claims must be approved or disapproved within thirty days after their receipt. The equipment dealer who submits a disapproved claim must be notified in writing of its disapproval within that period, and the notice must state the specific grounds for the disapproval. Special handling of claims required by the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, but not uniformly required of all dealers of that make, may be enforced only after thirty days' notice in writing of good and sufficient reason.
(B) An audit for sales incentives, service incentives, rebates, or other forms of incentive compensation may include only the twelve-month period immediately following the date of the termination of the incentive compensation program. This limitation is not effective in the case of fraudulent claims.
(C) It is unlawful to deny, delay payment for, or restrict a claim by a dealer for payment or reimbursement for warranty service or parts, incentives, hold-backs, or other amounts owed to the dealer unless the denial, delay, or restriction is the direct result of a material defect in the claim that affects its validity, except that the manufacturer, distributor, distributor branch or division, factory branch or division, or wholesale branch or division may withhold payment as setoff against obligations otherwise owed by the dealer to the manufacturer, distributor, distributor branch or division, factory branch or division, or wholesale branch or division.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-110. Unreasonable restrictions on dealers; sales agreements for competing lines; separate facilities requirement.

(A) It is unlawful to impose, directly or indirectly, unreasonable restrictions on the equipment dealer relative to transfer, sale, renewal, termination, discipline, noncompetition, or site-control.
(B) A manufacturer may not prevent a dealer from having an investment in or holding a dealership contract for the sale of competing product lines or makes of equipment.
(C) This section does not prevent a manufacturer from requiring that competing lines of equipment be established in separate facilities. Written notice must be provided to a dealer by the manufacturer at least four years before requiring separate facilities for competing lines of equipment.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-120. Agreements covered by provisions of chapter.

The provisions of this chapter apply to all written and oral agreements between a manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division and an equipment dealer including, but not limited to, the dealership agreement, goods and services sales contracts, advertising contracts, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, construction or installation contracts, servicing contracts, and all other agreements in which the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division has any direct or indirect interest.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-130. Termination of dealership.

It is unlawful for the manufacturer, wholesaler, distributor, distributor branch or division, factory branch or division, or wholesale branch or division without due cause to fail to renew or to terminate a dealership agreement.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-140. Actions for damages.

A person who is injured in his business or property by reason of a violation of this chapter may sue in the court of common pleas and may recover only the actual damages sustained by him and the cost of suit, including a reasonable attorney's fee.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-150. Time for bringing actions.

Actions rising out of this chapter must be commenced within three years after the cause of action accrues, except that if a liable person conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the entitled person is excluded in determining the time limited for the commencement of the action. If a cause of action accrues against a person during the pendency against him of any civil, criminal, or administrative proceeding brought by the United States, or any of its agencies, pursuant to the antitrust laws, the Federal Trade Commission Act, or other federal act, or the laws of this State related to antitrust laws or to franchising, actions brought pursuant to this chapter may be commenced within one year after the final disposition of the civil, criminal, or administrative proceeding.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-160. Contract provision in violation of chapter.

A provision of a contract or a practice pursuant to a contract in violation of this chapter is against public policy and unenforceable.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-170. Venue provisions in contract.

A contract entered into after July 1, 2000 and covered by this chapter, may not establish requirements for venue and jurisdiction.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 6 - Fair Practices Of Farm, Construction, Industrial, And Outdoor Power Equipment Manufacturers, Distributors, Wholesalers, And Dealers › Section 39-6-180. Severability.

If a section, paragraph, provision, or portion of this chapter is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding does not affect the constitutionality or validity of the remaining portions of this chapter, and for this purpose the General Assembly declares that the provisions of this act are severable from each other.
HISTORY: 2000 Act No. 369, Section 1, eff June 14, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 7 - Fair Trade Act › Section 39-7-10. Short title.

This chapter may be known and cited as the "Fair Trade Act."
HISTORY: 1962 Code Section 66-91; 1952 Code Section 66-91; 1942 Code Section 6639; 1937 (40) 301.
Validity
For the validity of this section, see Rogers-Kent, Inc. v. General Electric Co., 231 S.C. 636, 99 S.E.2d 665 (1957).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 7 - Fair Trade Act › Section 39-7-20. Definitions.

The following terms, as used in this chapter are defined as follows:
(1) "Commodity" means any subject of commerce;
(2) "Producer" means any grower, baker, maker, manufacturer, bottler, packer, converter, processor or publisher;
(3) "Wholesaler" means any person selling a commodity other than a producer or retailer; and
(4) "Retailer" means any person selling a commodity to consumers for use.
HISTORY: 1962 Code Section 66-92; 1952 Code Section 66-92; 1942 Code Section 6639; 1937 (40) 301.
Validity
For the validity of this section, see Rogers-Kent, Inc. v. General Electric Co., 231 S.C. 636, 99 S.E.2d 665 (1957).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 7 - Fair Trade Act › Section 39-7-30. Permissible provisions in contract for sale of commodity bearing trademark.

No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, the trademark, brand or name of the producer, distributor or owner of such commodity and which is in fair and open competition with commodities of the same general class produced by others shall be deemed in violation of any law of the State by reason of any of the following provisions which may be contained in such contract:
(1) That the buyer will not resell such commodity at less than the minimum price stipulated by the vendor; or
(2) That the producer or vendee of a commodity require upon the sale of such commodity to another that such purchaser agree that he will not, in turn, resell at less than the minimum price stipulated by such producer or vendee.
Such provisions in any contract shall be deemed to contain or imply conditions that such commodity may be resold without reference to such agreement in the following cases:
(a) In closing out the owner's stock for the purpose of discontinuing dealing in such commodity if such stock is first offered to the producer or distributor of such stock at the original invoice price at least ten days before such stock shall be offered for sale to the public;
(b) When the goods are damaged or deteriorated in quality and one week's notice is given to the public thereof by publication in a newspaper published in the county in which the seller's place of business is located; or
(c) By any officer acting under the orders of any court.
HISTORY: 1962 Code Section 66-93; 1952 Code Section 66-93; 1942 Code Section 6639; 1937 (40) 301.
Validity
For the validity of this section, see Rogers-Kent, Inc. v. General Electric Co., 231 S.C. 636, 99 S.E.2d 665 (1957).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 7 - Fair Trade Act › Section 39-7-40. Sale below stipulated price constitutes unfair competition.

Wilfully and knowingly advertising, offering for sale or selling any commodity at less than the price stipulated in any contract containing either of the provisions mentioned in Section 39-7-30, whether the person so advertising, offering for sale or selling is or is not a party to such contract, is unfair competition and is actionable at the suit of any person damaged thereby.
HISTORY: 1962 Code Section 66-94; 1952 Code Section 66-94; 1942 Code Section 6639; 1937 (40) 301.
Validity
For the validity of this section, see Rogers-Kent, Inc. v. General Electric Co., 231 S.C. 636, 99 S.E.2d 665 (1957).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 7 - Fair Trade Act › Section 39-7-50. Exemptions.

This chapter shall not apply to any contract or agreement between producers, between wholesalers or between retailers as to the sale or resale prices.
HISTORY: 1962 Code Section 66-95; 1952 Code Section 66-95; 1942 Code Section 6639; 1937 (40) 301.
Validity
For the validity of this section, see Rogers-Kent, Inc. v. General Electric Co., 231 S.C. 636, 99 S.E.2d 665 (1957).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-10. Short title.

This chapter may be cited as the "South Carolina Trade Secrets Act".
HISTORY: 1992 Act No. 437, Section 3, eff June 15, 1992; 1997 Act No. 38, Section 1, eff May 21, 1997.
Effect of Amendment
The 1997 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-20. Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Improper means" include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, duties imposed by the common law, statute, contract, license, protective order, or other court or administrative order, or espionage through electronic or other means.
(2) "Misappropriation" means:
(a) acquisition of a trade secret of another by a person by improper means;
(b) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(c) disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) used improper means to acquire knowledge of the trade secret; or
(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(A) derived from or through a person who had utilized improper means to acquire it;
(B) acquired by mistake or under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Owner" means the person or entity in whom or in which rightful legal or equitable title to the trade secret is reposed.
(4) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(5) "Trade secret" means:
(a) information including, but not limited to, a formula, pattern, compilation, program, device, method, technique, product, system, or process, design, prototype, procedure, or code that:
(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(b) A trade secret may consist of a simple fact, item, or procedure, or a series or sequence of items or procedures which, although individually could be perceived as relatively minor or simple, collectively can make a substantial difference in the efficiency of a process or the production of a product, or may be the basis of a marketing or commercial strategy. The collective effect of the items and procedures must be considered in any analysis of whether a trade secret exists and not the general knowledge of each individual item or procedure.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-30. Trade secrets; employees' obligation to refrain from disclosing; civil actions and remedies.

(A) A trade secret endures and is protectable and enforceable until it is disclosed or discovered by proper means.
(B) Every employee who is informed of or should reasonably have known from the circumstances of the existence of any employer's trade secret has a duty to refrain from using or disclosing the trade secret without the employer's permission independently of and in addition to any written contract of employment, secrecy agreement, noncompete agreement, nondisclosure agreement, or other agreement between the employer and the employee.
(C) A person aggrieved by a misappropriation, wrongful disclosure, or wrongful use of his trade secrets may bring a civil action to recover damages incurred as a result of the wrongful acts and to enjoin its appropriation, disclosure, use, or wrongful acts pertaining to the trade secrets.
(D) A contractual duty not to disclose or divulge a trade secret, to maintain the secrecy of a trade secret, or to limit the use of a trade secret must not be considered void or unenforceable or against public policy for lack of a durational or geographical limitation.
(E) This chapter applies to any and all civil remedies which are based upon misappropriation of a trade secret or upon protection of a trade secret except as provided in Section 39-8-110(B) and (C).
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 8 - Trade Secrets › Section 39-8-40. Recovery of actual damages; exemplary damages.

(A) A complainant is entitled to recover actual damages for misappropriation of trade secrets. A material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation may render full monetary recovery inequitable and may form the basis for reducing monetary recovery.
(B) Damages may include both the actual loss caused by misappropriation or the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
(C) Upon a finding of wilful, wanton, or reckless disregard of the plaintiff's rights, the court may award separate exemplary damages in an amount not exceeding twice any award made under subsection (A).
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.