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Can I offer discounts or promotions without violating pricing laws in South Carolina? What are the requirements?

Offering Discounts and Promotions in South Carolina

In South Carolina, it is lawful to offer discounts or promotions as long as they are not misleading, deceptive, or fraudulent [1.1]. Advertised discounts must be those that are actually available to customers, and one-time or short-time promotions may be offered only if limiting terms are as prominent as the special offer. All advertisements must contain the name and address of the company offering the service and must conform to the name on file with the department [1.1].

Discount Pricing for On-Premises Consumption [2.1]

If you hold a biennial permit to sell beer or wine for on-premises consumption, you may not advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Beer or wine may be sold at a price less than the price regularly charged from four o’clock p.m. until eight o’clock p.m. only. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a biennial permit has been issued, or to a customer attending a function sponsored by the person who holds a biennial permit. However, no more than two functions may be sponsored each year, and must be authorized by the department.

Savings Promotion Contests [6.1]

A financial institution authorized to do business in South Carolina under federal or state law may conduct a savings promotion contest in accordance with the provisions of this chapter and this title for the purposes of encouraging its depositors to maintain savings accounts and to increase personal savings.

Unlawful Acts [8.1]

A sublease arranger commits an offense if the sublease arranger arranges a sublease of a motor vehicle and violates a regulation promulgated by the South Carolina Department of Consumer Affairs pursuant to this chapter.

Application of Chapter [1.2]

This chapter does not apply to a benefit or program offered by a health insurer, health care service contractor, or health maintenance organization regulated pursuant to Title 38. A health insurer, health care service contractor, or health maintenance organization regulated pursuant to Title 38 that offers a discount medical plan that is not offered in conjunction with a health insurance plan it administers shall provide the department written notice of the name under which such a discount medical plan is offered and the telephone number and mailing address at which the plan can be contacted.

Conclusion

To offer discounts or promotions without violating pricing laws in South Carolina, you must ensure that the discounts or access to discounts offered are not misleading, deceptive, or fraudulent, and comply with the requirements outlined in [1.1]. Additionally, you must ensure that advertised discounts are actually available to customers, and one-time or short-time promotions must have limiting terms that are as prominent as the special offer.

If you hold a biennial permit to sell beer or wine for on-premises consumption, you must comply with the requirements outlined in [2.1]. If you are a financial institution, you may conduct a savings promotion contest in accordance with the provisions of [6.1]. If you are a sublease arranger, you must comply with the regulations promulgated by the South Carolina Department of Consumer Affairs pursuant to [8.1]. If you are a health insurer, health care service contractor, or health maintenance organization, you must comply with the requirements outlined in [1.2].

Please note that this is not an exhaustive list of all the laws and regulations that may apply to your specific situation. It is recommended that you consult with a legal professional for further guidance.

Source(s):
Jurisdiction

South Carolina