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South Carolina · Through 2026 Session of the General Assembly

S.C. Code Ann. § 39-5-980: Right of action for declaratory or injunctive relief, damages.

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Where this section sits in the code
  1. Title 39 - TRADE AND COMMERCE
  2. CHAPTER 5 Unfair Trade Practices
  3. ARTICLE 9 Stop Harm from Addictive Social Media

(A) A child or parent has a private right of action for declaratory or injunctive relief, damages, including harm to mental health and emotional distress, court costs, and reasonable attorney's fees, and any other appropriate relief as a result of any negligent, reckless, or knowing violation of this article.

(B) Where a covered social media platform's violation was reckless or knowing, a child or parent who prevails on a claim based on any violation of this article is entitled to recover the greater of ten thousand dollars in statutory damages or actual damages established at trial.

(C) Where a covered social media platform's violation is part of a consistent pattern of reckless or knowing conduct, punitive damages may be awarded.

(D) A covered social media platform may not be liable to a child or parent for any violation of this article if it has used reasonable means and reasonable efforts, taking into consideration available technology and the data in possession of the covered social media platform, to comply with the requirements of this act.

(E) A civil action for damages for a violation of this article must be brought within three years of the date the plaintiff knew, or reasonably should have known, of the alleged violation. However, this limitation period for such action must be tolled during the minority of the plaintiff, pursuant to this article.

Collected 2026-10-25T03:49:25Z. Source file · JSON

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