(1) No person in this State may advertise, offer, or provide free insurance as an inducement to the purchase or sale of real or personal property or of services directly or indirectly connected with real or personal property.
(2) For the purposes of this section, "free" insurance is insurance for which no identifiable and additional charge is made to the purchaser of the real property or personal property or services or insurance for which an identifiable or additional charge is made in an amount less than the cost of the insurance as to the seller or other person, other than the insurer, providing the insurance.
(3) Subsections (1) and (2) do not apply to:
(a) insurance against loss of or damage to the real or personal property involved in any sale or services under a policy covering the interest of the seller or vendor;
(b) credit life or credit accident and health insurance;
(c) title insurance;
(d) obligations issued by insurers licensed in this State which shall indemnify against breaches of warranties made in connection with any sale or services.
(4) No person may use the word "free" to describe life or accident and health insurance in connection with the advertising or offering for sale of any kind of goods, merchandise, or services.
HISTORY: Former 1976 Code Section 38-57-170 [1947 (45) 322; 1951 (47) 433; 1952 Code Section 37-1165; 1962 Code Section 37-1165; 1978 Act No. 585, Section 15] recodified as Section 23-9-420 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-55-170 [1962 Code Section 37-1217; 1964 (53) 2293] recodified as Section 38-57-170 by 1987 Act No. 155, Section 1.
Structure South Carolina Code of Laws
Section 38-57-10. Declaration of purpose.
Section 38-57-20. "Person" defined.
Section 38-57-30. Unfair methods and deceptive acts prohibited.
Section 38-57-40. Misrepresentation or false advertising of policies prohibited.
Section 38-57-50. False information or advertising as to insurance business prohibited.
Section 38-57-60. Fraudulently inducing insured to change, alter, or retain insurance prohibited.
Section 38-57-70. Misrepresentations in adjustment of claims prohibited.
Section 38-57-75. Vehicle glass repair procedures.
Section 38-57-80. False financial statements prohibited.
Section 38-57-90. Defamation prohibited.
Section 38-57-100. Boycotts, intimidation, and coercion prohibited.
Section 38-57-110. Coercion of business by sellers or lenders prohibited.
Section 38-57-150. Inducements prohibited; exception.
Section 38-57-160. Advertising gifts permitted.
Section 38-57-170. Free insurance or advertisement prohibited; exceptions.
Section 38-57-180. Insurance cost must be specified in sales and loans.
Section 38-57-200. Findings and order.
Section 38-57-210. Intervenor at hearing; judicial review at instance of intervenor.
Section 38-57-220. Immunity from prosecution.
Section 38-57-230. Violation of cease and desist order.
Section 38-57-240. Notice of levy and proceedings for collection.
Section 38-57-250. Filing order with clerk of court.
Section 38-57-260. Levy of execution; sheriff's fees.
Section 38-57-270. Remedies when fine not satisfied in full.
Section 38-57-280. Payment of fine under protest.
Section 38-57-290. Action for recovery of fine paid under protest.
Section 38-57-310. Limit of recovery against director or designee.