S.C. Code Ann. § 39-5-10
Short title; definitions
Operative Text
This article may be cited as the "South Carolina Unfair Trade Practices Act." As used in this article, (a) "Person" shall include natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. (b) "Trade" and "commerce" shall include the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State. (c) "Documentary material" shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording, wherever situate. (d) "Examination" of documentary material shall include the inspection, study or copying of any such material, and the taking of testimony under oath or acknowledgment in respect of any such documentary material or copy thereof.
Section 39-5-10 establishes the foundational definitions for the South Carolina Unfair Trade Practices Act (SCUTPA). It broadly defines who qualifies as a 'person' under the law, what activities count as 'trade' and 'commerce,' and what constitutes 'documentary material' subject to examination. These definitions set the scope of the entire act, meaning that a wide range of entities—from individuals to corporations—and a wide range of transactions involving real or personal property can fall under SCUTPA's reach.
Plain English — not legal advice.
Property owners and managers operating in South Carolina should be aware that under S.C. Code Ann. § 39-5-10, the definitions of 'trade' and 'commerce' are broad enough to encompass the advertising, offering, and leasing of real property. This means that rental-related activities—including how units are marketed and how lease terms are presented—can fall within the scope of the South Carolina Unfair Trade Practices Act. Operators who maintain accurate records and transparent advertising practices are generally better positioned to demonstrate compliance if their business conduct is ever scrutinized under SCUTPA.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 39-5-10 defines the key terms that determine who and what is covered by the South Carolina Unfair Trade Practices Act, and those definitions are broad enough to include landlords and rental housing transactions. Because 'trade' and 'commerce' encompass the advertising and leasing of real property, tenants who believe they have experienced unfair or deceptive practices in connection with their rental may have grounds to explore a SCUTPA claim. Tenant-rights organizations or legal aid services can help renters understand whether a particular situation falls within the act's scope and what general enforcement paths—such as a private civil action—may be available.
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.
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