South Carolina

Can you ever face legal penalties in SC for returning used goods? Here’s what the law says

Over 90% of U.S. consumers returned at least one item in the past year. Billions of items are returned every year.
Over 90% of U.S. consumers returned at least one item in the past year. Billions of items are returned every year. The Kansas City Star

Returning items is one of America’s favorite pastimes.

According to a 2025 consumer report, over 90% of U.S. consumers returned at least one item in the past year, and on average, consumers return five items each year.

And out of billions of returned items, there are, of course, people who try to take advantage of return policies and attempt to return used goods to make a profit. A consumer report found that around 14% of all returns are fraudulent.

So what happens when someone tries to dupe a retailer in South Carolina?

Here’s what we found:

No state law regarding used goods in SC?

In South Carolina, there is no general state law requiring retailers to accept returns of used items simply because a buyer changes their mind. That also means there’s no state law stopping retailers from choosing to prosecute fraudsters.

Lying to gain a financial advantage is fraud. Retailers lose billions of dollars every year from fraud, so retailers implement strict policies to reduce losses, according to FindLaw, a legal information database.

That means returning used products that you said were new may cause the retailer to press charges if the retailer can prove you’re lying.

However, it’s very difficult to prove a customer is lying, unless they have surveillance footage, a transaction history on the consumer or any other evidence.

Even if the item isn’t worth a lot of money, retailers might still prosecute customers who try to commit fraud to set an example.

As long as you are honest when returning an item, the retailer knows it’s been used, and they accept it anyway, you are not at risk for criminal charges. Frequently, retailers accept used goods as long as they look new.

When it turns illegal in SC

The South Carolina Code of Laws doesn’t have a specific law for returning used goods, but it does have one for the following scenarios:

  • A person giving a false or fictitious name for the purposes of obtaining or attempting a refund from a business establishment for merchandise. (Can be fined up to $200 or imprisoned for up to 30 days)
  • A person attempting to obtain a refund in the form of cash, credit on a credit card, check or merchant gift card using a driver’s license not issued to the person, a driver’s license containing false information, an altered driver’s license or any other false identification. (Can be fined up to $5,500 or imprisoned for up to five years if the refund value is more than $2,000)

When does a retailer have to accept returns?

Across the nation, retailers must accept returns if the product has significant defects. Federal law dictates a full refund to the customer. Small variations or cosmetic defects might not legally grant you a refund.

Consumers have no right to cancel purchase agreements. Whether you can receive a refund depends on the retailer’s return and refund policies. Yet, consumers can seek action for cases involving unfair or deceptive practices.

This story was originally published February 24, 2026 at 5:30 AM with the headline "Can you ever face legal penalties in SC for returning used goods? Here’s what the law says."

DB
Damian Bertrand
The State
Damian Bertrand is a service journalism reporter covering South Carolina for McClatchy Media. He holds a bachelor’s degree in journalism from the University of South Carolina.
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