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Can I charge different prices to different customers without violating discrimination laws in South Carolina? What are the requirements?

Charging Different Prices to Different Customers in South Carolina

In general, it is prohibited to charge different prices to different customers in South Carolina. According to SCCL 58-27-840, “No electrical utility, or consolidated political subdivision shall establish or maintain any unreasonable difference as to rates or service as between localities or as between classes of service.” This means that all customers must be charged the same rates for the same service. Furthermore, SCCL 58-27-830 states that “Utility shall not charge rates different from those in schedule.” This means that the rates charged by the utility must be consistent with the rates prescribed in the schedules of the electrical utility applicable thereto then on file.

However, there are certain exceptions to this rule. For example, during a declared state of emergency or disaster, it is unlawful and a violation of SCCL 39-5-145 for a person or his agent or employee to rent or sell or offer to rent or sell a commodity at an unconscionable price within the area for which the state of emergency is declared. This includes imposing unconscionable prices for the rental or lease of a dwelling unit, including a motel or hotel unit, or other temporary lodging, or self-storage facility within the area for which the state of emergency is declared. [2.1]

Additionally, SCCL 39-5-330 declares it an unfair trade practice and unlawful for any person who is in both the wholesale and retail business of selling merchandise to sell merchandise of like grade and quality at retail at a lower price than such person sells the same merchandise at wholesale in the same town or locality. [2.5]

In summary, it is generally prohibited to charge different prices to different customers in South Carolina, but there are exceptions during a declared state of emergency or disaster. It is also an unfair trade practice to sell merchandise at retail at a lower price than the same merchandise is sold at wholesale in the same town or locality.

Source(s):
Jurisdiction

South Carolina