H 4960 General Bill, By Toole, Brantley, Alexander, Allen, Hodges, Jefferson, 
Littlejohn, Mahaffey, Phillips, Weeks, Whipper and Williams
 A 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.

   04/03/08  House  Introduced and read first time HJ-13
   04/03/08  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-13

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.