(a) A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than three years, or both. In addition, any county or municipality is authorized to seek injunctive relief enjoining violations of this chapter.

(b) Any person injured by a violation of this chapter or any person who resides in the county in which the violation occurred may bring a civil action against the person alleged to be in violation. The action may seek:

Terms Used In South Carolina Code 48-49-60

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Statute: A law passed by a legislature.
  • 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.

(1) Injunctive relief; or

(2) An order enforcing the provision violated; or

(3) Damages caused by the violation; or

(4) Both damages and injunctive relief; or

(5) Both damages and an enforcement order; or

(6) Both an enforcement order and injunctive relief.

If actual damages as found by the court or jury in suits brought under this subsection are five hundred dollars or less, the plaintiff must be awarded not less than five hundred dollars; if the amount of actual damages as found by the court or jury is greater than five hundred dollars, the plaintiff shall receive damages in the amount so found. Injunctive relief or an enforcement order under this subsection must be based upon a threatened injury, an actual injury, or both.

Civil actions under this subsection must be brought in the circuit court of the county in which the alleged violation occurred. The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorney and expert-witness fees, to any party, whenever it determines that such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court. Nothing in this section shall restrict any right which any person or class of persons may have under the common law or under any statute to seek injunctive or other relief.

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