First Steps When a Business Misled You
Records matter most in these cases, so start collecting them now.
- Keep the paperwork. Contracts, estimates, change orders, invoices, receipts, warranties and order confirmations. Keep the item itself and its box.
- Screenshot the pitch. Save the ad, listing, website or social media post that made the promise. Pages get edited or deleted.
- Pull bank and card records. Statements and canceled checks prove the amounts, the dates and which company got your money.
- Write down conversations. Note calls and in-person promises while they are fresh, with dates, names and the words used.
- Photograph the job or the item. For home work, take wide shots and close-ups of what was finished and what was not.
- Don't rush to sign anything new. Many people check with a lawyer first.
A single folder plus a one-page timeline of promises and payments makes everything easier to follow.
Common Disputes on the Island
With new subdivisions, older homes and rental houses all over Johns Island, many disputes involve home repairs, drainage and yard work, builders' promises, car purchases and vacation rentals toward Kiawah and Seabrook. The questions are the same in each one: what was promised, what you paid and what you got.
When a Bad Deal Becomes an Unfair Trade Practice
The South Carolina Unfair Trade Practices Act makes unfair or deceptive acts in trade or commerce unlawful.1 Still, many billing disputes, broken promises and contract breaches fall outside it.
A private claim generally requires an unfair or deceptive practice that affects the public interest, such as conduct that has hurt other customers or is likely to happen again. A disagreement between you and the business alone usually is not enough.2 A lawyer can look at what the business did, the proof you have and whether the Act or another law 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 Act generally must be filed within three years after the unlawful conduct is discovered.3 It's a mistake to guess either way about the time left. Have a lawyer check the dates against your paperwork. The statewide page explains more about consumer protection claims in South Carolina.
Talk With Us About What Happened
Getting burned by a contractor or seller you trusted stings, and the line between a bad bargain and an unlawful practice isn't always clear. We go through the promise, the payment and the gap between them. When it reads more like an ordinary contract fight, we say so.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone, and you can email photos of the contract and receipts.
If a business is now posting false things about you, see Johns Island defamation cases.
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 bring a claim?
You may. Signing doesn't close the door on the Act, though plenty of broken contracts aren't unfair trade practices.2 The sales pitch, the fine print, any effect on other customers and your losses all come into it. Whether your facts fit the Act, a contract claim or another remedy is a question a lawyer can help answer.
Do I have to have lost money?
For a private claim under the Act, you generally must show you lost money or property you can identify because of the unfair or deceptive conduct.4 That might be money you paid because of a false promise. Whether your loss counts depends on the facts, and other claims may work differently.
What can be recovered under the Act?
A private claim that succeeds may recover actual damages plus reasonable attorney's fees and costs. If the court finds the violation was willful or knowing, the law requires an award of three times the actual damages.5 None of that comes without proving the claim, and no result is certain.
I paid a deposit for drainage work in my yard and the crew never came back. What should I gather?
Pull together the estimate, the deposit record and every text and call log. Photograph the yard as it is, including any half-dug trench or pipe left behind.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
