§ 37-6-118 — Investigation of unfair trade practices in consumer transactions.

(1) Whenever the administrator receives a complaint against a person pertaining to any consumer transaction arising out of the production, promotion or sale of consumer goods and services, and: (a) the person against whom the complaint is made fails to respond to a written inquiry made by the administrator concerning the complaint within the time limitation set forth in the inquiry; or (b) the administrator has probable cause to believe that the person complained of has or is engaged in market practices or a course of conduct which is fraudulent, illegal, deceptive or unfair, the administrator may, subject to Section 37-6-105, conduct an investigation of the complaint pursuant to Section 37-6-106 to determine if that person has engaged in such market practices or course of conduct. Upon receiving written notice of an action brought by an individual or the Attorney General of South Carolina pursuant to Chapter 5, Title 39 or of an unfair trade practice action by the Federal Trade Commission to investigate the facts complained of or to seek sanctions against the person that is the subject of the complaint, the administrator shall automatically stay any pending investigation undertaken by him. Any action by the administrator shall be dismissed if the other action is dismissed with prejudice or results in a final judgment granting or denying the claim asserted. (2) The administrator shall notify the person whose conduct is investigated of his findings of fact and conclusions, separately stated. The notice shall be in writing and mailed by certified or registered mail to the address of the principal office of the person investigated or to such other address as that person may designate in writing. (3) A person aggrieved by an order of the administrator may request a contested case hearing before the Administrative Law Court in accordance with the court's rules of procedure. If the person fails to request a contested case hearing within the time provided in the court's rules of procedure, the administrative order becomes final and the department may bring an action to enforce the order pursuant to Chapter 23, Title 1. (4) The findings and conclusions of the administrator, when and as they become final, either by failure to request a hearing as provided for in subsection (3) or by exhausting administrative and judicial remedies, shall be filed in the office of the administrator as a part of an education and information program provided for in item (e) of Section 37-6-117. (5) The provisions of this section shall not apply if consumer-industry appeals, arbitration or mediation panels or boards, whose decisions are binding on the participating business, are available in South Carolina for the product or service concerned, provided such business complies with the decision of the panel or board.

Legislative History

HISTORY: 1982 Act No. 385, SECTION 54; 2016 Act No. 244 (H.5040), SECTION 14, eff June 5, 2016. Effect of Amendment 2016 Act No. 244, SECTION 14, rewrote (3), updating the procedures available to a person aggrieved by an order of the administrator.