Bill

Bill > S0821


SC S0821

SC S0821
Lawyer Advertising Unfair Practice


summary

Introduced
01/15/2026
In Committee
01/15/2026
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

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.

AI Summary

This bill amends South Carolina law to define and prohibit false, deceptive, or misleading advertising by lawyers, specifically addressing advertisements that guarantee outcomes, use unsubstantiated superlatives, or imply past results are indicative of future success without proper disclaimers. It mandates that any advertisement referencing a specific settlement or recovery amount must clearly disclose the attorney's fees and litigation costs deducted from that amount, and must also state that such results are not representative of all cases and that outcomes vary based on individual case facts. Furthermore, advertisements suggesting a lawsuit is against an insurance company or third party must clarify that the lawsuit would actually be filed against the individual or business named as the defendant, with the insurance company merely providing coverage. Violations of these provisions are considered unfair trade practices enforceable by the Department of Consumer Affairs, but do not create a private right for individuals to sue.

Committee Categories

Business and Industry

Sponsors (3)

Last Action

Committee report: Favorable with amendment Labor, Commerce and Industry (on 03/03/2026)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...