What to Do If a Business Misled You
Start gathering the records now.
- Save everything. Keep contracts, estimates, invoices, receipts, warranties and the order confirmation. Don't throw out packaging or the product itself.
- Capture the ads and listings. Screenshot the website, listing or social media post that made the promise. Pages change, and sellers can edit or delete posts.
- Pull your payment records. Print bank and card statements that show what you paid, when, and to whom.
- Write down what was said. Make notes of phone calls and in-person promises while you still remember them. Include dates, names and the exact words if you can.
- Photograph the work or the product. For a home repair job, take wide and close photos of what was done and what was left undone.
- Take your time with anything new to sign. Many people talk to a lawyer before signing.
Put everything in one folder, paper or digital, and keep a simple timeline of who said what and when.
When Does a Business Dispute Become an Unfair Trade Practice?
South Carolina's Unfair Trade Practices Act makes unfair or deceptive acts or practices in trade or commerce unlawful.1 But not every broken promise, billing dispute or breach of contract violates the Act.
A private claim generally requires an unfair or deceptive practice affecting the public interest, such as conduct that has harmed other consumers or has the potential to be repeated. A dispute affecting only you and the business ordinarily isn't enough on its own.2
A lawyer can review the business's conduct, the available evidence, and whether the dispute supports a claim under the Act or another law.
The Filing Deadline
Claims under the South Carolina Unfair Trade Practices Act generally must be filed within three years after the unlawful conduct is discovered.3 It's risky to assume you still have time, or that it's too late. A lawyer can look at the dates with you, and at whether this law, a contract claim or something else fits your situation.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
Losing money to a business you trusted is frustrating, and it's often hard to tell whether what happened was a bad deal or something the law covers. We listen to what you were promised, what you paid and how the two differ. If your facts look more like a contract dispute, we'll say so.
The firm is based in Charleston and takes consumer cases across South Carolina. If you were hurt by a hazard at a store or other business, see our page about injuries on someone else's property. If a business is saying untrue things about you, see our page on false statements and defamation.
Bring the contract, the receipts and the messages, and tell us what the business promised and what you got.
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
Can I bring a claim if I signed a contract?
Possibly. Signing a contract does not automatically prevent a claim under South Carolina's Unfair Trade Practices Act, but not every breach of contract is an unfair trade practice.2 The specific representations, contract terms, public-interest impact and financial losses matter. A lawyer can review whether the facts support a contract claim, a claim under the Act or another legal remedy.
Do I need to have lost money to bring a claim?
To bring a private claim under South Carolina's Unfair Trade Practices Act, you generally must have suffered an identifiable loss of money or property caused by the unfair or deceptive conduct.4 This might include money paid because of misleading representations or other measurable financial losses. Whether your losses qualify depends on the facts. Other legal claims may have different requirements.
What compensation can I recover under South Carolina's Unfair Trade Practices Act?
A successful private claim under the Act may allow recovery of actual damages and reasonable attorney's fees and costs. If the court finds that the violation was willful or knowing, the law requires an award of three times the actual damages.5 These remedies depend on proving the legal requirements of the claim, and no particular outcome is assured.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
