All You Need to Know About Unfair Trade Practices

Businesses and consumers are often unaware of their legal rights and possible liabilities in connection with trade practices in North and South Carolina. Companies operating in North or South Carolina must know their responsibilities under consumer protection law to avoid potentially strict financial penalties.

If you’re a consumer whose rights have been violated or a business facing civil action, contact us today! At the Law Offices of Jason E. Taylor, we have experienced lawyers ready to fight for you.

Someone filling out Notice of Lawsuit Form.

Below is some crucial information regarding the laws of unfair trade practices in South Carolina:

South Carolina Deceptive Trade Practices Act (SCUTPA)

From the days of barter to the modern eCommerce era, buyers always want the best deals while sellers continuously look for ways to make profits. If both parties in transactions are fair and honest, it works perfectly fine.

However, we often see sellers making false claims and using stealthy tactics to generate more sales, such as hiding product defects or misrepresenting a discount. Such tactics are legally known as ‘deceptive trade practices.’

Fortunately, to help buyers from such practices and tactics, laws have been laid down by the state. It is handled under the South Carolina Unfair Trade Practice Act.

In SC Code Section 39-5-20, it is illegal for any company or person to engage in:

  • Unfair competitive methods
  • Unfair trade practices or acts
  • Deceptive trade practices or acts

The actions should be in the conduct of any commerce or trade, as defined in SC Code Section 39-5-10.

Legal Actions under the SCUTPA

Here are some legal actions that can be taken in case of unfair trade practices:

  • Injunctions

As per SC Code Section 39-5-50, an attorney general can file an action where they ask the court to issue the injunction to prevent a business or an individual from engaging in unfair and deceptive trade practices.

  • Civil Penalties

Under SC Code Section 39-5-110, the attorney general is authorized to seek a civil fine, up to $5000/violation. Thus, if a business or an individual violates the injunction conditions as issued in Section 39-5-50, the fine shall be increased to $15,000/violation.

  • Lawsuits for Damages

Under SC Code Section 39-5-140, the victim of unfair trade practices is authorized to file a lawsuit for damages. This lawsuit will help you recover actual damages from the business. Put simply, actual damages here mean:

  • Fixing property damage expense
  • Money that the deceiver unfairly took from you
  • Lost wages
  • Out-of-pocket expenses as a result of the deceiver’s shady business practices

It is essential to understand here that not only can you, the victim, sue the ‘bad actor/deceiver” for the damage done, but if they willfully or knowingly violated SCUTPA, the court shall award treble damages. These damages are three times the actual damage plus the lawyer’s fees and the court costs.

Types of Deceptive or Unfair Trade Practices

A variety of unfair trade practices automatically fall under the South Carolina Unfair Trade Practice Act. These include but are not limited to the following:

  • If auto lenders ask for or require the total amount of comprehensive insurance coverage as one of the many conditions condition of qualifying for a car loan
  • Admission tickets resale. This is for the scalper and not the original ticket seller.
  • If someone uses fictitious names to misrepresent the geographic origin, business location, or manufacturing facility ownership intentionally.
  • Deceptive or false advertising for live musical performances
  • Misleading, deceptive, and false advertising by lawyers such as creating an unreasonable expectation of outcomes
  • Food product misrepresentation and stating that it is a product of South Carolina when in actuality it is not
  • Price gouging when the state is in an emergency or national crisis
  • Selling fuel below cost to hurt competition
  • Wholesalers who sell products for lower prices at retail
  • Soliciting contributions or donations of services and goods during times of disaster if these solicitations are misleading willfully and knowingly
  • Glass companies paying for referrals, paying the person whose glass is broken, paying the individual’s insurance deductible in exchange for their business, or making false insurance claims;
  • Suppose a business or an individual commits lies, fraud, or lies regarding the quality of goods and services they offer to get you to buy their products or hire them for their services. In that case, it also falls under the South Carolina Unfair Trade Practices violation Act.

When Can the Victim Sue The Other Party Under The South Carolina Unfair Trade Practices Act?

The practices strictly prohibited under the South Carolina Unfair Trade Practices Act apply to deceptive or unfair practices explicitly listed in the statute, and appellate opinions authorize some. Therefore, if you think that someone has taken advantage of you, but you’re not sure if their conduct falls under this Act, then feel free to contact our South Carolina lawyers. We can provide you with a free consultation and determine whether or not you have a case.

At the Law Offices of Jason E. Taylor, our South Carolina lawyers can fight to protect your rights. We can help you work toward conformance with consumer protection laws. Our goal is to help clients get justice. We’ll do whatever we can in our legal capacity so that you receive justice promptly.

Please feel free to contact us at 800-351-3008. Our operators are available 24/7.

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Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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