§ 25-1-4070 — Civil actions; remedies; penalties.

(A) A servicemember, the dependent of a servicemember, or the South Carolina Attorney General may bring a civil action against a person who intentionally violates a provision of this article. (B) The court may order one or more of the following remedies: (1) injunction; or (2) payment of restitution to a servicemember in the amount of money unlawfully received from, or required to be refunded to, the servicemember, unless the servicemember has successfully recovered the amount in a separate action under the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq. (C) In the event of an intentional violation of this article, the court may assess a civil penalty not to exceed five thousand dollars per violation. Fifty percent of the proceeds of civil penalties imposed pursuant to this section must be remitted to the general fund of the State, and the remaining fifty percent may be retained by the Office of the Attorney General and carried forward to succeeding fiscal years to support enforcement or public education efforts directly related to the purpose of this article.

Legislative History

HISTORY: 2019 Act No. 23 (H.3180), SECTION 1, eff April 26, 2019. Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."