What to Do If a Business Misled You
Gather the paper trail now, while it's still easy to find.
- The documents. Estimates, the signed contract, invoices, receipts, warranties and the order confirmation. If it was a product, keep it and the box.
- The ad or listing. Screenshot the website, the rental listing or the social post with the promise on it. Listings get edited and posts disappear.
- The money trail. Print the bank and card statements showing each payment, the date and the payee.
- What was said. Write up phone calls and walk-through promises while you remember them, with names, dates and the words used.
- The work itself. After a repair or remodel, take wide shots and close-ups of what was done and what never got done.
- New paperwork. If the business sends a release or a new contract, many people talk to a lawyer before signing.
A single folder and a one-page timeline of who said what, and when, make the rest easier.
Where This Comes Up Around Hilton Head
On the island and in Bluffton, disputes like these often start with a storm repair after a hurricane, a dock or roof job that was paid for and never finished, a new home in a growing subdivision that isn't what the sales pitch described, a vacation rental that looked nothing like the listing, or fees that showed up only on the final bill.
Is It a Bad Deal or an Unfair Trade Practice?
The South Carolina Unfair Trade Practices Act prohibits unfair or deceptive acts or practices in the conduct of trade or commerce.1 Even so, not every broken promise, billing fight or unfinished job falls under it.
A private claim generally needs a practice that affects the public interest, such as one that has harmed other customers or could be repeated. A purely private contract dispute usually does not meet that test.2 A lawyer can look at the conduct and the evidence and tell you whether the Act, a contract claim or something else fits.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
How Long You Have
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 there's time left, and don't assume it's too late. Go over the dates with a lawyer.
Talk With Us
Losing money to a contractor or company you trusted is maddening, and it can be hard to tell a bad bargain from something the law reaches. Walk us through what you were promised, what you paid and what you got. Some of these turn out to be contract fights, and if yours looks like one, you'll hear that from us.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. Our page on unfair trade practice claims statewide goes further. If a business is spreading falsehoods about you, see defamation claims near Hilton Head.
Send us the contract and the messages and call.
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 the contractor's agreement. Can I still bring a claim?
Maybe. Your signature on the estimate doesn't end the question, and a contractor who breaks a deal hasn't always broken the Act.2 What was promised, what the paper says, whether others were affected and what you lost all matter.
Do I have to show I lost money?
For a private claim under the Act, you generally must have suffered an ascertainable loss of money or property caused by the unfair or deceptive conduct. It doesn't have to be cash out of pocket; other measurable losses may count.4
What can a successful claim recover?
A private claim under the Act may recover actual damages, and a court that finds a violation in a qualifying private suit must also award reasonable attorney's fees and costs. If the violation was willful or knowing, the court must award three times the actual damages.5 Every element still has to be proven first.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
