§ 34-5 Utpa - Public Interest Requirement

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 34-5 UTPA - Public Interest Requirement

To be actionable under the Unfair Trade Practices Act, the unfair method of competition or the unfair or deceptive act or practice must have an adverse impact upon the public interest. Expressed differently, the Act is not available to redress a private wrong where the public interest is unaffected. An unfair or deceptive act or practice has an impact upon the public interest if the act or practice has the potential for repetition.

The potential for repetition may be shown in two ways:

(1) by showing the same kind of actions occurred in the past, thus making it likely they will continue to occur absent deterrence; or
(2) by showing the company's procedures

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