Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3174
STATUS INFORMATION
General Bill
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.
This web page was last updated on Monday, October 10, 2011 at 12:19 P.M.