§ 39-5-110 — Civil penalties for willful violation or violations of injunction.

South Carolina § 39-5-110

• Jurisdiction: South Carolina
• Title 39: TRADE AND COMMERCE
• Ch. 5: UNFAIR TRADE PRACTICES

Text

(a) If a court finds that any person is willfully using or has willfully used a method, act or practice declared unlawful by Section 39-5-20, the Attorney General, upon petition to the court, may recover on behalf of the State a civil penalty of not exceeding five thousand dollars per violation. (b) Any person who violates the terms of an injunction issued under Section 39-5-50 shall forfeit and pay to the State a civil penalty of not more than fifteen thousand dollars per violation. For the purposes of this section, the court of common pleas issuing an injunction shall retain jurisdiction, and the cause shall be continued and in such cases the Attorney General acting in the name of the State may petition for recovery of civil penalties. Whenever the court determines that an injunction issued pursuant to Section 39-5-50 has been violated, the court shall award reasonable costs to the State. (c) 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.

Legislative History

HISTORY: 1962 Code SECTION 66-71.10; 1971 (57) 369.