As used in this article:
(1) "Compensation" means the payment of money, a thing of value, or a benefit.
(2) "Consideration" means either the payment of money or the provision of a thing of value for the purchase of a product, good, service, or intangible property. Consideration does not include:
(a) the purchase of a product, furnished at cost, for use in making a sale, but not for resale, of the purchased product itself; or
(b) time and effort spent to pursue a sale or recruiting activity.
(3) "Pyramid promotional scheme" means a plan or operation in which an individual pays consideration for the right to receive compensation based primarily upon recruiting other individuals into the plan or operation instead of selling products or services to ultimate users for their use or consumption.
(4) "Ultimate users" are individuals who consume or use the products or services, whether or not they are participants in the plan or operation.
HISTORY: 2017 Act No. 39 (H.3883), Section 1, eff May 10, 2017.
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.