What to Do If a Charleston Business Misled You
Maybe a roofer took a deposit after a storm and never came back, a dealer on Rivers Avenue added charges you never agreed to, or a short-term rental on Folly looked nothing like the listing. Whatever it was, the paper trail is what matters now.
Gather the contract, estimates, invoices, warranty and order confirmation. Screenshot the ad, listing or post that made the promise, since sellers can edit or delete them. Print the bank or card statements that show each payment. While your memory is fresh, write down phone calls and in-person promises with names, dates and the words used.
For home repair work, take wide shots and close-ups of what was done and what wasn't. Keep the product and its box if there is one. Before you sign anything new from the business, a lawyer can look at it. A simple timeline of who said what, and when, ties it all together.
When a Bad Deal May Be an Unfair Trade Practice
South Carolina law prohibits unfair or deceptive acts or practices in trade or commerce.1 That doesn't mean every billing fight or late job is covered.
To bring a private claim under the Act, a person must show the practice affects the public interest. A contractor who pulled the same deposit trick on a whole street of storm-damaged houses may look different from one bad job. A dispute only between you and the company usually isn't enough by itself.2
The Time Limit
Claims under the South Carolina Unfair Trade Practices Act generally must be filed within three years after the unlawful conduct is discovered.3 Don't assume you're fine on time, or that you've missed it. A lawyer can check the dates and whether this law, a contract claim or something else fits.
Our South Carolina unfair trade practices page has the statewide view.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us About What Happened
Losing money to a local business you trusted stings, and it's hard to tell a bad deal from a legal claim. Tell us what you were promised, what you paid and what you got. If your facts sound like a contract fight rather than a trade practices claim, you'll hear that from us.
Our office is on King Street in downtown Charleston. If a business is spreading false things about you, see defamation in Charleston.
Bring the contract, the receipts and the messages.
South Carolina Law on This
- The South Carolina Unfair Trade Practices Act prohibits unfair or deceptive acts or practices in the conduct of trade or commerce.1
- To bring a private claim under the South Carolina Unfair Trade Practices Act, a person must show the practice affects the public interest, which a purely private contract dispute usually does not.2
- Claims under the South Carolina Unfair Trade Practices Act generally must be filed within three years after the unlawful conduct is discovered.3
- To bring a private claim under South Carolina's Unfair Trade Practices Act, a person generally must have suffered an ascertainable loss of money or property caused by the unfair or deceptive conduct. The loss does not necessarily have to be an out-of-pocket payment; other measurable property or economic losses may qualify.4
- Under the South Carolina Unfair Trade Practices Act, a person who suffers a financial or property loss because of an unlawful unfair or deceptive business practice may sue to recover actual damages. If the court finds that the violation was willful or knowing, it must award three times the actual damages. A court that finds a violation in a qualifying private lawsuit must also award reasonable attorney's fees and costs.5
Frequently Asked Questions
I signed a contract. Can I still have a claim?
You might. Signing doesn't automatically end a claim under the Act, though a purely private contract dispute usually does not affect the public interest.2 The sales pitch, the fine print, whether other customers got the same treatment and the money you lost are what a lawyer would look at first.
Do I have to have lost money?
For a private claim under the Act, you generally need an ascertainable loss of money or property caused by the deceptive conduct. A loss doesn't always have to be cash out of pocket.4
What can a person recover under the Act?
A successful private claim may recover actual damages plus reasonable attorney's fees and costs. If the court finds the violation was willful or knowing, it must award three times the actual damages.5 You'd have to prove the claim first, and nobody can promise how a case ends.
Can we meet at your office?
Yes. Our office is on King Street downtown, and you can bring your folder of papers. A phone call works for a first conversation too.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
