South Carolina Takes Legal Action Against Meta for Unfair Trade Practices

COUNT L: VIOLATION OF THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, S.C. CODE ANN. SECTION 39-5-10 et seq.

1141. The State of South Carolina realleges and reaffirms each and every allegation set forth in all preceding paragraphs as if fully restated in this section.

1142. The State of South Carolina brings this claim under the South Carolina Unfair Trade Practices Act (SCUTPA), asserting a claim under sections 39-5-50 and 39-5-110 of the South Carolina Code.

1143. Section 39-5-10 et seq. of the South Carolina Code prohibits unfair or deceptive acts or practices in the conduct of any trade or commerce.

1144. Meta’s acts and practices as described in this Complaint constitute “trade” or “commerce” within the meaning of SCUTPA.

1145. Meta engaged in unfair and/or deceptive acts or practices within the meaning of Section 39-5-20 of the South Carolina Code through, inter alia, acts and omissions that caused young users’ compulsive and unhealthy use of and addiction to Meta’s Social Media Platforms.

1146. Meta’s misrepresentations are deceptive because they have the capacity to mislead a substantial number of consumers.

1147. An act or practice may be unfair if it offends public policy; is immoral, unethical, oppressive, unconscionable, or causes injury to consumers. Meta’s acts or practices as alleged in this Complaint are unfair.

1148. Meta’s unfair and deceptive conduct related to addicting young users to its Platforms affects the public interest. Moreover, Meta’s acts or practices regarding South Carolina as alleged herein are capable of repetition.

1149. Meta knew or reasonably should have known that its conduct violated SCUTPA and therefore is willful for the purposes of section 39-5-110 of the South Carolina Code, justifying civil penalties.

1150. The State of South Carolina seeks all remedies available under SCUTPA including, without limitation, the following:

a. Injunctive and other equitable relief pursuant to section 39-5-50(a) of the South Carolina Code;

b. Restoration of all ascertainable losses under section 39-5-50(b) of the South Carolina Code to any person or entity who suffered them as a result of Meta’s conduct;

c. Civil penalties in an amount up to $5,000.00 per violation with every unfair or deceptive act or practice by Meta constituting a separate and distinct violation; and

d. Costs and attorneys’ fees pursuant to section 1-7-85 of the South Carolina Code.