What to Do If a Business Misled You
Start pulling records together today.
- Gather every signed page. The estimate a roofer left on your kitchen table, the dealer's buyer's order, the warranty card. If it was a product, the item itself and its box stay in your closet.
- Screenshot the promise. The listing, website or social post that made the claim can be edited or deleted.
- Print your payment history. Bank and card statements showing what you paid, when and to whom.
- Write down conversations while they are fresh, with dates, names and exact words where you can.
- Photograph the job. For a roof, a fence, an HVAC install or a remodel, take wide and close shots of what was done and what wasn't.
- Wait before signing anything new. A lawyer can read it first.
A simple timeline of who said what, and when, makes all of this easier to follow.
Consumer Problems Around Summerville
With new homes going up across Summerville and out toward Ridgeville, a lot of money changes hands with contractors, remodelers, car dealers, lenders and online sellers. Most deals go fine. When one doesn't, the question is whether it was a bad bargain or something the law reaches.
When a Dispute Becomes an Unfair Trade Practice
South Carolina's Unfair Trade Practices Act makes unfair or deceptive practices in trade or commerce unlawful.1 Still, a contractor who shows up late or a billing argument is not automatically a violation.
To bring a private claim, a person must show the practice affects the public interest, which a purely private contract dispute usually does not.2
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
A claim under the Act generally must be filed within three years after the unlawful conduct is discovered.3 Don't assume you have time, and don't assume it's too late. A lawyer can check the dates and whether the Act, a contract claim or another remedy fits.
For the statewide overview, see South Carolina consumer protection claims.
Talk With Us
Losing money to a company you trusted is maddening, and it can be hard to tell a bad deal from an illegal one. We listen to what you were promised, what you paid and where the two came apart. When the facts point to an ordinary contract fight instead, you will hear that from us.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. If a business is spreading falsehoods about you, see defamation claims around Summerville.
When you call, have the contract, receipts and messages handy.
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 we go over this by phone?
Yes. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
I signed a contract with the company. Does that rule out a claim?
Not necessarily. Having your signature on a contract doesn't end the question. Yet a private claim must show the practice affects the public interest, which a purely private contract dispute usually does not.2 What the business told you, the contract terms, the effect on the public and your losses all matter. A lawyer can sort out whether it fits a contract claim, the Act or something else.
Do I need to have lost money?
For a private claim under the Act, you generally need a measurable loss of money or property caused by the deceptive conduct.4 That could be money paid because of a false promise or another loss you can put a number on. Whether yours qualifies depends on the facts.
What could I recover under the Act?
A successful private claim may allow actual damages plus reasonable attorney's fees and costs. If the court finds the violation was willful or knowing, the law calls for three times the actual damages.5 Those 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.
