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South Carolina Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for South Carolina on
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

Patrick A. Twisdale
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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

2 Answers | Asked in Identity Theft, Consumer Law and Employment Law for South Carolina on
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
D. Nathan Davis
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

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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
D. Nathan Davis
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...
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1 Answer | Asked in Landlord - Tenant and Consumer Law for South Carolina on
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
Nataliya N. Matejka
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 | Asked in Real Estate Law, Consumer Law and Gov & Administrative Law for South Carolina on
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
D. Nathan Davis
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...
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1 Answer | Asked in Consumer Law for South Carolina on
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
D. Nathan Davis
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 | Asked in Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense for South Carolina on
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
Tim Akpinar
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

1 Answer | Asked in Criminal Law and Consumer Law for South Carolina on
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

James L. Arrasmith
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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...
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1 Answer | Asked in Consumer Law for South Carolina on
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
D. Nathan Davis
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...
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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

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 Consumer Law and Products Liability for South Carolina on
Q: Who is liable for engine damage after faulty OEM part installation?

I had a timing repair done, and the dealer installed OEM parts covered by a parts warranty. However, just 4,000 miles later, one of these parts failed and caused significant engine damage, requiring the entire engine to be replaced. The dealer acknowledged the faulty part's role in the damage... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been dealing with a frustrating situation, and it’s clear that the faulty part played a major role in the engine damage. Since the dealer installed the OEM part under warranty, and they’ve acknowledged the part’s failure, they could be held responsible for the damage... View More

1 Answer | Asked in Consumer Law and White Collar Crime for South Carolina on
Q: Online drug purchase scam and extortion concern

I attempted to buy drugs online two days ago, and the person took my money without delivering anything. Now, they're demanding more money. I've had previous interactions with this person and have text messages and Cash App records of our transactions. I haven't contacted authorities... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you're feeling concerned about this situation, especially if the person is now extorting more money from you. First, you should know that purchasing drugs illegally can result in serious legal consequences, even if you were scammed. However, you should also be aware... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Real Estate Law for South Carolina on
Q: How to get internet company to fix damages they caused without consent?

I am seeking advice on what steps to take after an internet company mistakenly installed equipment on my property, resulting in holes in my siding and a dug-up yard. We never signed up for their service, and they have admitted the error. They offered 3 months of free internet, but have refused to... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like the internet company made a significant mistake, and you’re right to want them to take responsibility for the damage. Since they admitted to the error, you should first send a formal written letter to the company. In the letter, describe the damages, include the timeline of events,... View More

1 Answer | Asked in Consumer Law and Lemon Law for South Carolina on
Q: Seeking refund for vehicle with mechanical issues in South Carolina

I purchased a vehicle in South Carolina, sold "as is," with the assurance that it had no issues. However, I have experienced mechanical problems since day one. I attempted to return the vehicle on the day of purchase and again within 72 hours, but the seller refused. The vehicle has a... View More

James L. Arrasmith
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answered on Apr 12, 2025

In South Carolina, buying a vehicle "as is" means you typically take on the responsibility for any issues after the purchase. However, if the seller misrepresented the condition of the vehicle or if there were assurances that the vehicle had no problems, you may have grounds for a claim.... View More

1 Answer | Asked in Consumer Law, Contracts and Lemon Law for South Carolina on
Q: Issues with car repairs and registration error from dealership in SC

I live in South Carolina and purchased a used car with cash from a dealership on February 1st, 2025. The vehicle had several issues, including the brakes, windshield, and headlights, which the dealership promised to fix and documented in the bill of sale. However, the repairs have not been... View More

James L. Arrasmith
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answered on Apr 11, 2025

This situation sounds incredibly frustrating, especially after paying in full and trusting the dealership to follow through on their promises. Since the dealership documented the repairs in the bill of sale, they are legally obligated to complete them. The fact that the car has now broken down... View More

1 Answer | Asked in Consumer Law, Small Claims and Lemon Law for South Carolina on
Q: Bought a car; motor blew immediately; recourse?

I recently purchased a car from a private dealer who advertised it as having no issues and running fine. However, immediately after I left with the car, the motor blew. There were no written agreements or warranties provided, and the seller assured verbally that the car was in good condition. I... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a terrible situation to be in—especially after being told the car was in good condition. In South Carolina, private vehicle sales are generally considered “as-is” unless the seller knowingly misrepresented the condition of the car. If you can show that the seller made false claims... View More

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