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South Carolina Consumer Law Questions & Answers
Q: How to handle credit report errors and obtain vehicle title after loan settlement?
I'm experiencing issues with an auto loan I settled as paid in full in December 2023 with a South Carolina company. Despite the account being closed on my credit report, late payments are still reflected, impacting my credit score. I've attempted to dispute these negative marks twice... View More 
Daniel Cohen
answered on May 16, 2025
answered on May 16, 2025
As a consumer protection attorney, here’s how I’d advise handling this situation:
First, regarding the credit report errors: Since the late payments remain after your disputes with Equifax, escalate the issue by sending a formal, certified dispute letter to Equifax, clearly stating that... View More
Q: Does a company have to honor a refund after sending confirmation?
I recently received a phone confirmation from a company stating that my refund would be processed and would appear on my credit card within 3-5 days. Approximately 3 hours after the call, I received an email from the company detailing the refund amount and the last four digits of my credit card.... View More
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Patrick A. Twisdale
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answered on Apr 23, 2025
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answered on Apr 23, 2025
Whether the company must honor the refund may depend on whether a binding contract was formed, which typically requires offer, acceptance, and consideration. If the refund was simply a voluntary promise without any action or agreement from you in exchange, there may be no enforceable contract due... View More
Q: Do I have to pay for fraudulent utility accounts in my name in SC?
I recently discovered that multiple utility accounts were fraudulently opened in my name, resulting in my electricity being cut off. The energy company informed me over the phone that I must pay $4,900 within 24 hours, but I have no knowledge of who committed this fraud or how it happened. I... View More
D. Nathan Davis
answered on Apr 10, 2025
answered on Apr 10, 2025
Welcome to the world that we live in now. Fraud is everywhere and the first step is to contact your local police department. After that, you need to contact the customer service at the electric company and talk with them. The power company is going to assume you are wrong and it is your job to... View More
2 Answers
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Employment Law, Personal Injury, Consumer Law and Gov & Administrative Law
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South Carolina
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Q: How to cancel annuity signed without authorization in SC?
My mom is planning her retirement, and recently, we worked with an agent to move her federal savings into a SPIA annuity account. However, we discovered that the agent electronically signed my mom's name on the annuity application without her knowledge or authorization. He claims that to... View More
D. Nathan Davis
answered on Apr 8, 2025
answered on Apr 8, 2025
I am questioning if your mother did not authorize an electronic signing. I am guessing that this is the situation, and I also believe that she signed something to move money into the account. Electronic signatures are binding in most situations.
How was the money moved to the annuity if... View More
Q: Facing unauthorized fees and Wi-Fi blocking by new property manager, paid rent in full.
I am a tenant in South Carolina and facing issues with my property management company. I have always paid my rent in full, including all late fees, and have proof of payment for December's rent and late fees. Recently, the management company changed, and the new property manager has charged me... View More
Nataliya N. Matejka
answered on Feb 24, 2025
answered on Feb 24, 2025
Unfortunately, you would need an attorney to review your lease to determine a landlords right to the fees you describe. Fees generally can be charged retroactively if not voluntarily waived the the PM and it was possible a clerical error. Generally speaking utilities cannot be reduced but there may... View More
1 Answer
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Real Estate Law, Consumer Law and Gov & Administrative Law
for
South Carolina
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Q: Developer disclosure responsibility for nearby water treatment facility
I moved into a newly built home in an already established neighborhood, only to discover several months later that it is across the street from a water treatment facility, which causes a bad smell. The developer did not disclose this information when I purchased the house, and there was no mention... View More
D. Nathan Davis
answered on Feb 18, 2025
answered on Feb 18, 2025
Your question is unclear as to whether you could have seen or discovered this issue before you purchased the home. If you could see this facility, it would be up to you to investigate whether you might want to purchase a home with a location near a facility.
Even if you could not see the... View More
Q: In reference to consumer debt, what are our options regarding unseen right to cure notice?
Plaintiff referred to right to cure but had no submitted evidence of. Judge denied their motion for summary judgement. Now they are showing a right to cure but we've never seen such and don't believe we ever received. There is no supporting evidence that shows delivery. What are our options?
D. Nathan Davis
answered on Oct 7, 2024
answered on Oct 7, 2024
Can you convince a judge and/or jury that the notice was not received? Normally, the right to cancel is actually signed by the debtor at the time the debt is incurred. Make the creditor provide a copy of the form since you do not remember receiving it. In real estate, the receipt is signed and... View More
1 Answer
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Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense
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South Carolina
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Q: Roof co DENY busting pipe that flooded house AFTER incident was witnessed, acknowledged &flood repairs complete by insur
Roof company manager onsite when incident occurred. Told homeowner not to worry bcuz His roof company has insurance for incidents like this. Roofer threw shingle down into backyard that hit pipe attached to back of kitchen wall. Pipe bust from shingle resultin to house floodin. Roofer called... View More
Tim Akpinar
answered on Jul 10, 2024
answered on Jul 10, 2024
A South Carolina attorney could advise best, but your question remains open for two weeks. Final check should identify the claimant it is payable to - it sounds like you have more than one claim going on here, between water damage from pipe and roof damage from hail. Ask the carrier. In terms of a... View More
Q: I liable to pay the towing storage fee for my stolen vehicle if I was not notified for over 30 days
My vehicle was stolen and it was impounded and I was not notified for months and when I went to get my vehicle I had to pay the entire fee for the entire time that it had been there can they do that
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James L. Arrasmith
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answered on Jun 26, 2024
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answered on Jun 26, 2024
To address this question, I'll need to provide some general information about towing and storage fees for recovered stolen vehicles.
Generally speaking, the situation you're describing raises some important legal questions:
1. Notification requirements: Many jurisdictions... View More
Q: I have received a document in the mail "Notice of decision to award $1,000,000.00" and "Prize payout decision Request"
D. Nathan Davis
answered on May 26, 2024
answered on May 26, 2024
Throw that notice in the trash. No one is going to award that kind of money to someone unless you are entered some contest. It appears that you do not recognize the company sending you this notice.
If you decide to contact them, they will quickly want you to send them money for handling... View More
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.
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James L. Arrasmith
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answered on Apr 15, 2024
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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
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
answered on Mar 15, 2024
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
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?
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T. Augustus Claus
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answered on Feb 13, 2024
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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
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Arbitration / Mediation Law, Bankruptcy, Consumer Law and Contracts
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South Carolina
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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?
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James L. Arrasmith
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answered on Jan 3, 2024
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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
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
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James L. Arrasmith
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answered on Dec 25, 2023
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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
Q: Can I cancel my Wyndham timeshare purchased on June 18, 2025, in South Carolina due to unaffordable fees?
I recently purchased a timeshare from Wyndham on June 18, 2025, in South Carolina. I charged a down payment on a credit card but now realize that I can't afford the maintenance fees. I'm wondering if I can cancel the purchase and what my options might be.
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
South Carolina law gives you the right to cancel a timeshare contract within five calendar days of signing it, not including the day of purchase. Since you bought the timeshare on June 18, 2025, you must act quickly to submit your written cancellation—typically by mail or delivery—to the... View More
Q: How can I cancel a Wyndham timeshare purchased in SC without cancellation info?
I've just purchased a Wyndham timeshare on 6/18/25 in person and paid by credit card. I was not informed about any cancellation or rescission period and haven't attempted cancellation yet. What steps can I take to cancel this purchase?
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
In South Carolina, you have a legal right to cancel a timeshare contract within five calendar days of signing it—even if the seller failed to inform you of that right. Because you purchased the Wyndham timeshare on 6/18/25, you are still within the statutory cancellation period as of today,... View More
Q: Legal guidance on employer violations regarding labor practices and sales conduct.
I am seeking legal guidance regarding possible violations by my employer involving labor practices and sales conduct in a door-to-door sales industry. The issues I have experienced include working extended hours from 8:00 a.m. to 11:00 p.m. and management's implicit discouragement from logging... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
You may have valid claims under both wage and hour laws and whistleblower protection statutes. If your employer required or encouraged you to work from 8:00 a.m. to 11:00 p.m. and discouraged you from recording all hours, that could violate federal and state labor laws. Employers are legally... View More
Q: Can a tow company refuse access to belongings in a rented truck?
Can a towing company refuse to release my belongings from a rented moving truck? I rented a moving truck to move my belongings from my apartment. My belongings were packed in the truck, which was parked outside a storage unit. However, the storage facility had the truck towed while I was in the... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
A towing company holds your rented truck as a bailed vehicle and may refuse access to its contents until you or the rental company satisfy their lien or towing fees.
You should first contact the rental agency—your contract is with them, not the tow yard—and insist they authorize release... View More
Q: Lost $560 due to ATM error with no help from bank, seeking recovery options.
I lost $560 due to an error at an ATM machine operated by a third party. I reported the issue to my bank immediately and have the error receipt. Over a year later, my bank says they can't do anything to help. I have tried discussing it with them multiple times without any clear explanation or... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You have the right to pursue recovery of your funds even if your bank refuses to assist, especially since you reported the error and kept the receipt. Under the federal Electronic Fund Transfer Act (EFTA), you are entitled to dispute ATM errors, and financial institutions are generally required to... View More
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