South Carolina
Unfair Trade Practices Lawyer

Many companies and individuals are in fierce competition not only to survive, but also to thrive in their industries. With this intense competition to get ahead, companies closely guard their trade secrets. Other companies will do whatever they can to get ahead, employing unfair trade practices. In some civil lawsuits involving trade secrets, a company is wronged when an employee discloses secret information that gives the company a competitive edge. However, in most cases involving trade secrets, businesses try to claim a violation of trade secrets and use overly broad non-compete agreements to keep a former employee from moving on to a new job.I  have seen all types of these cases and choose to fight for the underdog.

What Are Unfair Trade Practices?

South Carolina Code § 39-5-10 and the provisions that follow it are referred to as the South Carolina Unfair Trade Practices Act. This state act is in place to protect both businesses competing with businesses that employ unfair trade and advertising practices and the consumers who may be led astray by these unfair trade practices. 

The South Carolina Unfair Trade Practice Act states:

“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 § 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 § 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.”

Common Types of Unfair Trade Practices

Unfair trade practices can take various forms. Some common types include:

• Deceptively advertising a live musical performance (aka leading a ticket purchaser to believe that a different person is actually performing).
• Misleading, false, or deceptive advertising by an attorney.
• Misrepresenting food as a product of South Carolina when it was grown, caught, raised, or harvested in another location.
• Pyramid clubs or similar schemes.
• Requiring specific insurance coverage to obtain a loan for a vehicle.
• Scalping tickets/reselling event tickets for more than $1 above the original purchase price.
• Use of a fictitious business name with the intent of misrepresenting geographical origin or other characteristic of the business.

Greenville Unfair Competition Attorney

Whether you are a South Carolina business unable to fairly compete because of an unfair trade practice, or an individual shackled by an unreasonable non-compete or misled by unfair trade practices, I can help. Call me, Greenville SC employment litigation attorney Andy Arnold, at 864-242-4800.