What to Do If a Business Misled You
Start pulling your records together now.
- Keep everything. Contracts, estimates, invoices, receipts, warranties and order confirmations. If it's a cart, a boat part or a lift motor, keep the item itself.
- Screenshot the ad. Capture the website, listing or post that made the promise before it changes or disappears.
- Pull the money trail. Card statements, canceled checks and payment app history show each deposit and draw.
- Make notes on what the salesperson or contractor said. Put down the date, who was there and their words as closely as you can recall.
- Photograph the work. For a dock, deck, roof or remodel, get wide and close shots of what was done and what wasn't.
- Slow down on anything new to sign. Many people talk with a lawyer first.
One folder, paper or digital, and a short timeline of who said what and when, make it easier to review.
Disputes Around Mount Pleasant
A dispute in and around Mount Pleasant might involve a dock or boat lift builder, a boat or golf cart seller, a roofer after a storm, or a contractor working on older homes in the Old Village or new ones north of town. Some are simple contract problems, and some may be more.
When a Dispute Becomes an Unfair Trade Practice
The Unfair Trade Practices Act makes unfair or deceptive acts in trade or commerce unlawful.1 A contractor who misses a finish date or overbills isn't automatically breaking it.
The practice generally has to reach beyond you, for instance a pattern that has caught other buyers or is likely to repeat. A disagreement between you and the business alone usually isn't enough.2
A lawyer can look at what the business did, what proof exists and whether another law fits better.
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 Dates matter here, in both directions. Bring your timeline when we talk.
The statewide page covers consumer protection claims. If a business is spreading false things about you, see Mount Pleasant defamation claims.
Talk With Us
Paying good money for a dock that's falling apart or a cart that isn't what you were told is maddening. We listen to what you were promised, what you paid and how they differ. If it looks more like a contract dispute, we'll tell you.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
Bring the contract, receipts and messages, and tell us what you were 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
We signed a contract with the dock builder. Can we still bring a claim?
Maybe. A signed contract doesn't automatically rule out a claim under the Unfair Trade Practices Act, but not every broken contract is an unfair trade practice.2 The sales pitch, the fine print, whether other customers got the same treatment and your losses all come into it. Sorting a plain contract claim from an unfair trade practice is part of what a lawyer can do with you.
Do I have to have lost money?
A private claim under the Act generally requires a loss of money or property that you can identify, caused by the unfair or deceptive conduct.4 It doesn't always have to be cash out of pocket. Whether your loss counts depends on the facts.
What can be recovered 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, the law requires three times the actual damages.5 Those remedies only follow if the claim is proven.
Can I send you my paperwork instead of coming downtown?
Yes. The first conversation can happen by phone, and you can share copies of what you have. Our office is on King Street in Charleston if you'd rather meet.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
