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South Carolina Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law, Contracts and Business Law for South Carolina on
Q: Can I rescind auto loan or sue dealer for used vehicle sold under false pretenses for mechanical issues being hidden?

Nearing the 30 day mark of purchase. The dealer stated that the car only needed an oil change but there are more issues. Every mechanic (that they work with) that they took the car to did not fix the issues. The car was serviced 3 times. A warranty claim (90 day dealer provided) was filed by them... View More

0 Answers | Asked in Consumer Law for South Carolina on
Q: I am in dispute with big phone company. I need a court order to hear my phone call. What are my options

I was told I could receive a particular phone with no extra charges. After receiving the phone they added full price of the phone. I believe the phone call will show that the company mislead me. They will not allow me to hear it without a court order. I’ve reached out to the FCC. The FCC did not... View More

0 Answers | Asked in Consumer Law, Contracts and Real Estate Law for South Carolina on
Q: Contacted by DR Horton legal department regarding warranty items.

They wish to give me $3000 and give up my 11 month and warranty items being fixed. My repairs far exceed this.

1 Answer | Asked in Consumer Law, Civil Rights and Small Claims for South Carolina on
Q: Pork skins nutrition facts say 0 sugar 0 added sugar but ingredients contain sugar. Is that false advertisement?

On a sugar fast, bought these on the fly for my kids and had a few until I read the actual ingredients come to find out that even though not listed in nutrition label, it is on the ingredients. In turn, I broke my sugar fast.

James L. Arrasmith
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answered on Apr 15, 2024

It's understandable to be confused and frustrated by this situation. According to FDA regulations, if a food contains less than 0.5 grams of sugar per serving, the nutrition facts label can list the sugar content as 0 grams. However, the ingredients list must still include any form of sugar... View More

0 Answers | Asked in Consumer Law, Products Liability and Lemon Law for South Carolina on
Q: National Brand car dealer defrauded with false advertising, concealed add-ons, implied coverage & fraud, what can I do?

Online campaign, window sticker campaign, billboard campaign and print campaign advertising free guarantees of coverage with purchase of certified used vehicle. However, that instrument along with three others were tacked into the sale, totaling over $4,000. Evidence I have illustrates the... View More

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: I had a timeshare. I recently hired a layer and got out of it. Now my credit is ruined. Anything I can do?

I didn’t find out about my ruined credit until the lawyer had closed my case and I went for a home equity loan. The late payments only show when they are doing a credit check for real estate. I bought a new car with no problem. Now I can’t fix my house and sell it to move closer to family. I... View More

Matthew McKenna
Matthew McKenna
answered on Mar 15, 2024

There's a possibility that this timeshare company was only reporting to 1 or 2 of the credit bureaus and the auto loan company only pulled credit reports from 1 or 2 of the credit bureaus (or have different guidelines for approving a loan such as using the "middle score") but when... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: I canceled a home warranty because it was shady. And they will not refund half my money unless I take down my review.

Isn't this extortion?

T. Augustus Claus
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answered on Feb 13, 2024

In South Carolina, the situation you described raises concerns under consumer protection laws. When a company conditions a refund on the removal of a negative review, it could potentially be considered a form of extortion or a violation of your rights under laws designed to protect free speech and... View More

2 Answers | Asked in Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts for South Carolina on
Q: When should I file a motion to compel arbitration in South Carolina?

I am being sued by a junk debt buyer in commons plea court in South Carolina. I plan on filing an answer to the summons. When should I file a motion to compel arbitration? Should I put it in my answer? Or file just the motion in place of the answer?

James L. Arrasmith
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answered on Jan 3, 2024

In South Carolina, when you're faced with a lawsuit by a junk debt buyer and you believe arbitration is the correct venue for the dispute, the timing of filing a motion to compel arbitration is crucial. Typically, this motion should be filed early in the case, ideally at the same time as or... View More

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1 Answer | Asked in Consumer Law for South Carolina on
Q: What can you do if a restaurant keeps your card and swears they dont have it?

I went to Marco's Pizza in Sumter SC on Monday, December 18. The transaction number is 118678940. The cashier’s name on my receipt is Jay’onah. I paid with my Bank of America debit card. That was the last time I saw it. The cashier never gave me my card back.

After receiving... View More

James L. Arrasmith
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answered on Dec 25, 2023

If a restaurant like Marco's Pizza in Sumter, SC, claims not to have your card after a transaction, it's crucial to take several steps to address the situation. First, keep records of the transaction, including the date, time, transaction number (as you've mentioned), and any... View More

1 Answer | Asked in Civil Rights and Consumer Law for South Carolina on
Q: Can I put a funeral home name on a obituary without their permission
T. Augustus Claus
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answered on Aug 16, 2023

In general, it is common practice to include the name of the funeral home that is handling the arrangements in an obituary. Funeral homes often work closely with families to provide funeral and memorial services, so including their name can help people who are reading the obituary know where the... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: Can I sue if the seller of a car failed to disclose it was in recall under the consumer fair rights act?

It’s a Ford Ford Focus 2016, was considered in a class action lawsuit that was on recall.

T. Augustus Claus
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answered on Jul 14, 2023

Sellers have a duty to disclose known material defects or safety recalls regarding the products they sell. If the seller of the car failed to disclose that it was subject to a recall and this omission resulted in harm or financial loss to you, you may have grounds to pursue legal action.

1 Answer | Asked in Consumer Law and Collections for South Carolina on
Q: received a call regarding a Best Buy cc purchase over 25 years ago. The purchase was under 500.00 but was advised 2400.0

The interest was compunded and they stated it would be about 5400.00 judgement

D. Nathan Davis
D. Nathan Davis
answered on Mar 23, 2023

In no uncertain terms, tell them that you do not owe the money. I am assuming that you have not made a payment in more than 3 years. Do not admit in writing that you owe or owed the money. The SC Statute of Limitations is 3 years but you cannot have made a payment or admitted in writing that... View More

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: Good Afternoon! I purchased a home with a shed in the back yard. The previous home owner had not completed payments on

the shed. She notified them and inivited them to pick it up. They didn't. Two months after I bought the home, they attempted to repossess shed. They destroyed my fence and yard. They claim they still own the shed. They are not currently willing to pay for damages. What are my legal options?

Anthony M. Avery
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answered on Mar 2, 2023

Hire a SC attorney to sue for property tort damages. You will need a witness to establish the cost of repairs.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for South Carolina on
Q: Can I get a down payment back on a car if I never took the car from the lot

I put a down payment on a vehicle and signed the paperwork but the car dealership created a fake driver’s license for me to get licensing which is what has made me not want the vehicle after concentration he kept telling me it’s legal and I wouldn’t get into trouble which is the only reason I... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 23, 2023

My initial answer is yes, you should get your money back. Even though you signed the contract, you never took possession of the vehicle. The reason should not be an issue. You never took delivery of the vehicle so one of the conditions to make the contract never occurred.

Another...
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1 Answer | Asked in Consumer Law and Construction Law for South Carolina on
Q: What do I file if a company ignores a Subpoena to produce documents by a certain date?

What do I file if a company ignores a Subpoena to produce documents by a certain date in SC? I am representing myself "Pro Se" because I can't afford the large attorney cost I was told and I make too much to qualify for help. The Company installed the flooring wrong and it is uneven... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 21, 2023

You will need to file a motion to compel and for sanctions if the company is ignoring the subpoena. This is done pursuant to Rule 11 and should get you the desired result. You need to send a letter threatening to file the motion to the attorney for the company.

Unless your case is in...
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1 Answer | Asked in Consumer Law, Business Law and Collections for South Carolina on
Q: If I was told an insurance package would cover my vacation from any pandemic related issues and now they won't pay.

Travelocity sold the vacation to me in spring 2021, and told me I was covered from any pandemic related issue but I didn't read the fine print and now AIG will not reimburse me and Travelocity only offered credits I cannot use.

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

"I was told". "I didn't read the fine print".

These are the 2 biggest errors people make when they enter into any contract. The only thing that matters in a contract is what is on paper, not what you were told. Not reading the contract, including the fine print, is...
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1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

1 Answer | Asked in Consumer Law and Contracts for South Carolina on
Q: Hi, dear lawyers, I have a concern wondering if it could be made a case or not against toyota misleading.

I went to Toyota dealer and asked about a specific vehicle that is showing online that it’s in transit, so after checking the salesman said that it would arrive on Thursday 29th of Dec, so I went ahead and sold my vehicle on Tuesday the 27Th and got a rental till the 29th and put a deposit 1000$... View More

D. Nathan Davis
D. Nathan Davis
answered on Jan 3, 2023

Legally, you may have a case against the dealer. The case is likely not worth pursuing using an attorney. The reason is that the damages you have suffered are minor. You can buy a different vehicle and mitigate your damages. A lawsuit is an expensive thing to pursue and any recovery is likely... View More

1 Answer | Asked in Consumer Law, Contracts, Banking and Collections for South Carolina on
Q: Does a credit card company have to provide credit denial explanation in detail, and in writing when requested?

I applied for a credit card with a company that had closed my account previously during COVID 19. One of the reasons for denial on the denial letter stated I was denied because I did not meet that company expectations for account usage on a previous account. I requested they explain what activity... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 17, 2022

No, it does not have to provide you detailed reasoning in writing.

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