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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Toole and Brady
Document Path: l:\council\bills\agm\19295bb09.docx
Introduced in the House on January 13, 2009
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Unfair trade practice
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/16/2008 House Prefiled 12/16/2008 House Referred to Committee on Labor, Commerce and Industry 1/13/2009 House Introduced and read first time HJ-78 1/13/2009 House Referred to Committee on Labor, Commerce and Industry HJ-78
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-32 SO AS TO MAKE IT AN UNFAIR TRADE PRACTICE TO ADVERTISE A PRICE FOR A PRODUCT THAT REFLECTS A DISCOUNT REQUIRING A BUYER TO SUBMIT A COUPON TO THE MANUFACTURER FOR A CASH REBATE IN ORDER TO OBTAIN THE ADVERTISED PRICE, AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION FOR 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 39-5-32. (A) It is an unlawful trade practice pursuant to Section 39-5-20 for a person to advertise a price for a product that reflects a discount that requires a buyer to submit a coupon to the manufacturer for a cash rebate in order to obtain the advertised price. A person who advertises this price must apply the coupon at the time of sale so that the buyer receives the advertised price without being required to submit a coupon to the manufacturer for a cash rebate.
(B) In addition to penalties provided for violation of unfair trade practices in this chapter, there is created a civil cause of action for violation of this section. A person who violates the provisions of subsection (A) must pay the buyer:
(1) three times the actual amount of the coupon for the first violation;
(2) five times the actual amount of the coupon or five hundred dollars, whichever is greater, for the second violation;
(3) eight times the actual amount of the coupon or one thousand dollars, whichever is greater, for the third violation; and
(4) fifteen hundred dollars for the fourth and each additional violation."
SECTION 2. This act takes effect upon approval by the Governor.
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