S.C. Code Ann. § 39-5-140

Actions for damages

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/16/2026South CarolinaLease Requirements

Operative Text

S.C. Code Ann. § 39-5-140
(a) Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of an unfair or deceptive method, act or practice declared unlawful by Section 39-5-20 may bring an action individually, but not in a representative capacity, to recover actual damages. If the court finds that the use or employment of the unfair or deceptive method, act or practice was a willful or knowing violation of Section 39-5-20, the court shall award three times the actual damages sustained and may provide such other relief as it deems necessary or proper. Upon the finding by the court of a violation of this article, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs.

(b) Upon commencement of any action brought under subsection (a) of this section, the clerk of court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General.

(c) Any permanent injunction, judgment or order of the court made under Section 39-5-50 shall be prima facie evidence in an action brought under Section 39-5-140 that the respondent used or employed a method, act or practice declared unlawful by Section 39-5-20.

(d) For the purposes of this section, a willful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of Section 39-5-20.
Source: Legislative text reproduced verbatim
Plain English

South Carolina Code § 39-5-140 establishes a private right of action for individuals who suffer a measurable financial or property loss caused by an unfair or deceptive trade practice prohibited under § 39-5-20. A court finding a violation must award the injured party their actual damages plus reasonable attorney's fees and litigation costs; if the violation was willful or knowing, the court is required to triple the actual damages awarded. The provision also requires the court clerk to notify the Attorney General when such a case is filed and when a judgment is entered, and any prior court order finding a violation under § 39-5-50 serves as prima facie evidence in a subsequent action under this section.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in South Carolina should be aware that § 39-5-140 exposes them to significant financial liability if their rental practices are found to constitute unfair or deceptive acts under § 39-5-20. Compliant operators generally ensure that all representations made to prospective and current tenants—regarding rent, fees, conditions, and lease terms—are accurate and transparent, since a court finding a willful or knowing violation is required to award treble damages on top of attorney's fees. Maintaining clear documentation of all communications and business practices is a hallmark of operators who reduce their exposure under this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

South Carolina's § 39-5-140 gives individuals who have suffered a real, measurable loss from an unfair or deceptive practice the right to sue in court to recover actual damages, and if the violation was willful, a court must award three times those damages along with attorney's fees and costs. Tenants who believe a landlord's conduct may qualify as an unfair or deceptive practice under § 39-5-20—such as misrepresentations about a unit's condition, fees, or lease terms—may consider consulting a tenant-rights organization or legal aid office to understand whether this provision applies to their situation. Because the Attorney General is automatically notified of any lawsuit filed under § 39-5-140, tenants may also explore whether the Attorney General's consumer protection office has received or is investigating similar complaints.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

S.C. Code Ann. § 39-5-50
Not yet ingested

References In

Rules and statutes that cite this regulation

S.C. Code Ann. § 39-5-20
S.C. Code Ann. § 39-5-140

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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Fetched:Oct 19, 2026, 02:20 PM UTC