Unfair Trade Practices Act

South Carolina designates some acts as Unfair Trade Practices. § 39-5-20(a) of the South Carolina Unfair Trade Practices Act provides that unfair methods of competition and unfair or deceptive acts or practices in the conduct of any “trade” of “commerce” are unlawful.

“Trade” and “commerce” are broadly defined to include advertising, sale or distribution of any services and any property, offering for sale, real, personal or mixed, tangible or intangible, and any other commodity, article or thing of value and any trade or commerce directly or indirectly affecting the people of South Carolina.

Section 39-5-140(a) of the South Carolina Code authorizes recovery only when the plaintiff has suffered “any ascertainable loss of money or property…as a result of the use or employment by another person of an unfair or deceptive method, act or practice.”

The plaintiff must prove that members of the public were adversely affected by the unfair conduct or that they were likely to be.  The plaintiff must prove proximate cause and also prove that the unfair trade acts were the proximate cause of his/her injuries.

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