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Bill > H3179


SC H3179

SC H3179
Unfair trade practices


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

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.

AI Summary

This bill adds a new section to South Carolina law that prohibits unfair trade practices in the automotive and recreational vehicle industry. Specifically, the bill makes it illegal for manufacturers, distributors, dealers, and their representatives to engage in actions that are arbitrary, in bad faith, or unconscionable that cause damage to other parties or the public. The legislation allows injured parties to sue in court and potentially recover double their actual damages, plus legal costs and attorney's fees. If a jury finds that a defendant acted maliciously, they may award punitive damages up to three times the actual damages. The bill notes that courts can look to the Federal Trade Commission Act for guidance in interpreting unfair practices, and it also stipulates that a final judgment in a federal antitrust or trade commission proceeding can serve as prima facie evidence in related state cases. The law would take effect upon the Governor's approval, providing additional legal protections for businesses and consumers in vehicle-related transactions by creating a clear framework for addressing unfair trade practices.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Referred to Committee on Labor, Commerce and Industry (on 01/14/2025)

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