South Carolina General Assembly
121st Session, 2015-2016

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Indicates Matter Stricken
Indicates New Matter

S. 912

STATUS INFORMATION

General Bill
Sponsors: Senator L. Martin
Document Path: l:\council\bills\agm\18796cz16.docx
Companion/Similar bill(s): 4971

Introduced in the Senate on January 13, 2016
Currently residing in the Senate Committee on Judiciary

Summary: Unfair trade practice

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/2/2015  Senate  Prefiled
   12/2/2015  Senate  Referred to Committee on Judiciary
   1/13/2016  Senate  Introduced and read first time (Senate Journal-page 29)
   1/13/2016  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 29)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/2/2015

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-190 SO AS TO ESTABLISH THAT THE USE AND ENFORCEMENT OF A NON-DISPARAGEMENT CLAUSE CONSTITUTES AN UNFAIR TRADE PRACTICE AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:

"Section 39-5-190.    (A)    It is an unfair trade practice and unlawful for a contract or proposed contract for the sale or lease of consumer goods or services to include a provision waiving the consumer's right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.

(B)    It is an unfair trade practice and unlawful for a person to threaten or to seek to enforce a provision made unlawful or to otherwise penalize a consumer for making any statement protected under this section.

(C)    Any waiver of the provisions of this section is contrary to public policy and is void and unenforceable.

(D)    A person or firm who violates the provisions of this section is subject to the penalties and damages provided in this article."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on February 23, 2016 at 2:37 PM