Nothing in this article shall apply to:
(a) Actions or transactions permitted under laws administered by any regulatory body or officer acting under statutory authority of this State or the United States or actions or transactions permitted by any other South Carolina State law.
(b) Acts done by the publisher, owner, agent or employee of a newspaper, periodical or radio or television station in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement and did not have a direct financial interest in the sale or distribution of the advertised product or service.
(c) This article does not supersede or apply to unfair trade practices covered and regulated under Title 38, Chapter 57, Sections 38-57-10 through 38-55-320.
(d) Any challenged practices that are subject to, and comply with, statutes administered by the Federal Trade Commission and the rules, regulations and decisions interpreting such statutes.
For the purpose of this section, the burden of proving exemption from the provisions of this article shall be upon the person claiming the exemption.
HISTORY: 1962 Code Section 66-71.3; 1971 (57) 369.
Structure South Carolina Code of Laws
Chapter 5 - Unfair Trade Practices
Section 39-5-10. Short title; definitions.
Section 39-5-35. Requiring certain insurance coverage as unfair trade practice.
Section 39-5-36. Resale of tickets for more than original price.
Section 39-5-39. Attorney advertising in false, deceptive, or misleading manner.
Section 39-5-40. Article inapplicable to certain practices and transactions.
Section 39-5-42. Misrepresenting food or food products as product of South Carolina.
Section 39-5-50. Injunction; orders or judgments to restore property.
Section 39-5-60. Assurance of voluntary compliance with article.
Section 39-5-70. Investigative demand by Attorney General.
Section 39-5-80. Additional powers of Attorney General.
Section 39-5-90. Service of notice, demand, or subpoena.
Section 39-5-110. Civil penalties for willful violation or violations of injunction.
Section 39-5-120. Dissolution, suspension, or forfeiture.
Section 39-5-130. Duty of solicitors, county, and city attorneys.
Section 39-5-140. Actions for damages.
Section 39-5-145. Price gouging during emergency; definitions; penalty; evidence.
Section 39-5-147. Charitable solicitations during emergencies; penalty.
Section 39-5-149. Registration of agent to receive notification of state of emergency.
Section 39-5-150. Limitation of actions.
Section 39-5-160. Article is cumulative.
Section 39-5-170. Vehicle glass repair business; unlawful practices.
Section 39-5-180. Vehicle glass repairs; false claims.
Section 39-5-310. Definitions.
Section 39-5-320. Retail sale by wholesaler at wholesale price is an unfair trade practice.
Section 39-5-330. Retail sale at lower than wholesale price is an unfair trade practice.
Section 39-5-340. Liability of wholesaler.
Section 39-5-510. Definitions.
Section 39-5-520. Blind bidding prohibited; notice of trade screenings required.
Section 39-5-530. Contents of invitation to bid; examination of bids; rebids.
Section 39-5-540. Waiver of blind bidding prohibited.
Section 39-5-550. Applicability.
Section 39-5-710. Short title.