Senator Bennett proposes the following amendment (SR-4248.CEM0001S):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Section 39-5-39 of the S.C. Code is amended to read:

 Section 39-5-39. (A) Advertising shall be deemed false, deceptive, or misleading if it:
  (1) contains any statement, implication, or inference that guarantees, assures, or promises a particular outcome, recovery, verdict, settlement amount, or success rate;
  (2) suggests that past results, case outcomes, or client recoveries are indicative of future results, unless accompanied by a clear and prominent statement that prior results do not guarantee a similar outcome; or
  (3) uses superlative, comparative, or predictive language that cannot be substantiated and that would reasonably lead a prospective client to expect results that are not typical or reasonably achievable.
 (B) Notwithstanding another provision of law, it is an unlawful trade practice, pursuant to Section 39-5-20, for an attorneya person or entity, including a third-party generator or referral service, to create, sponsor, finance, or disseminate advertising for legal to advertise his services in this State in a false, deceptive, or misleading manner including, but not limited to, the use of a nickname that creates an unreasonable expectation of results.
 (C)(1) Any advertising for legal services, in whatever form or medium, that references, depicts, or states a specific dollar amount of a settlement, verdict, judgment, or recovery obtained on behalf of a client must clearly and conspicuously disclose, in close proximity and in a similar size to the referenced dollar amount, the amount or percentage of attorney fees deducted from the recovery and the amount of litigation costs or expenses deducted from the recovery.
  (2) Such advertising for legal services must also disclose, in a clear and prominent manner, that the referenced result is not representative of all cases and that outcomes depend on the specific facts and legal circumstances of each matter.
 (D) Any advertising for legal services, in whatever form or medium, that references, depicts, or states that the filing of a lawsuit or legal claim or suggesting that the lawsuit or claim is against an insurance company or other third party must disclose clearly and conspicuously, in close proximity and in a similar size, the following disclosure or substantially similar language: "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."
 (E) Any advertising for legal services, in whatever form or medium, must disclose clearly and conspicuously, in close proximity and in a similar size, the identity of the attorney or law firm that will be primarily responsible for the client's representation or a clear explanation of how the matter will be referred to an attorney or law firm.
 (F) A violation of subsections (C), (D), or (E) constitutes an unfair trade practice enforceable exclusively by the Department of Consumer Affairs who shall seek both monetary and injunctive relief.
 (G) A violation of this section does not create any private cause of action for a violation of this section.

Renumber sections to conform.

Amend title to conform.