A buyer, lessee, sublessee, secured party, or lessor injured or damaged by an act in violation of this chapter or regulations promulgated pursuant to it, whether or not there is a conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies:

(1) three times the amount of actual damages or fifteen hundred dollars, whichever is greater;

Terms Used In South Carolina Code 37-13-40

  • Buyer: means a purchaser of a motor vehicle under the terms of a retail installment contract. See South Carolina Code 37-13-10
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lessee: means a person who obtains possession and use of a motor vehicle through a motor vehicle lease agreement. See South Carolina Code 37-13-10
  • Lessor: means a person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease agreements or purchases motor vehicle lease agreements or a sales finance company that purchases motor vehicle lease agreements. See South Carolina Code 37-13-10
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secured party: means a lender, a seller, or other person in whose favor there is a security interest including a person to whom accounts or retail installment sales contracts have been sold. See South Carolina Code 37-13-10
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

(2) equitable relief, including a temporary restraining order, a preliminary or permanent injunction, or restitution of money or property;

(3) reasonable attorney fees and costs and other relief the court considers just.

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