South Carolina AG, SCDCA, and CFPB Consumer Complaint Pack

SOUTH CAROLINA AG, SCDCA, AND CFPB CONSUMER COMPLAINT PACK

TABLE OF CONTENTS

1. Complaint Cover Page and Submission Index
2. Filing 1 — SC Department of Consumer Affairs (SCDCA)
3. Filing 2 — SC Attorney General Consumer Protection Division
4. Filing 3 — Consumer Financial Protection Bureau (CFPB)
5. Common Narrative — Statement of Facts
6. Schedule of Exhibits
7. South Carolina Practice Notes
8. Sources and References

1. COMPLAINT COVER PAGE AND SUBMISSION INDEX

Consumer: [FULL LEGAL NAME]

Address: [STREET, CITY, SC ZIP]

Telephone: [________________]

Email: [________________]

Date of Submission: [__/__/____]

Subject Business / Respondent: [BUSINESS NAME]

Respondent Address: [________________________________]

Respondent NMLS / SC License No. (if any): [________________]

Nature of Complaint (check all that apply):

☐ Unfair or deceptive trade practice (SCUTPA — S.C. Code § 39-5-20)

☐ Debt-collection misconduct (FDCPA / SC Consumer Protection Code § 37-5-101 et seq.)

☐ Credit-reporting error (FCRA)

☐ Mortgage servicing / loan modification

☐ Auto sales or financing (S.C. Motor Vehicle Dealer Act)

☐ Home improvement / contractor

☐ Telemarketing / robocalls (TCPA)

☐ Data breach / identity theft (S.C. Code § 39-1-90; § 16-13-510)

☐ Predatory lending / payday loan / supervised lender (S.C. Code Title 37)

☐ Lemon law (S.C. Code § 56-28-10 et seq.)

☐ Insurance carrier conduct (S.C. Code § 38-59-10 et seq. — unfair claims practices)

☐ Other: [________________________________]

Submission Index:

2. FILING 1 — SC DEPARTMENT OF CONSUMER AFFAIRS

TO:

South Carolina Department of Consumer Affairs

Attn: Consumer Services Division

293 Greystone Blvd., Suite 400

Columbia, SC 29210

(Mailing: P.O. Box 5757, Columbia, SC 29250)

Telephone: (800) 922-1594 (toll free in SC) / (803) 734-4200

Email: [email protected]

Online: https://consumer.sc.gov/consumer-resources/consumer-complaints

Online complaint portal: https://applications.sc.gov/DCAComplaintSystem/Login/ConsumerLogin.aspx

Re: Consumer Complaint and Request for Mediation and Investigation — [BUSINESS NAME]

Dear Department:

I respectfully submit this written complaint regarding [BUSINESS NAME] ("Respondent"). I believe Respondent has violated the South Carolina Consumer Protection Code (S.C. Code Ann. § 37-1-101 et seq.) and/or has engaged in unfair or deceptive acts or practices in violation of the South Carolina Unfair Trade Practices Act (S.C. Code Ann. § 39-5-20). I request that the Department:

• Mediate the complaint with Respondent and seek a fair resolution;
• Investigate the conduct under the Department's authority in S.C. Code § 37-2-104 and § 37-6-104;
• Take such administrative or licensing action as is appropriate, including suspension or revocation of any SC license, registration, or certificate held by Respondent;
• Refer evidence of pattern unfair or deceptive practices to the SC Attorney General's Consumer Protection Division for SCUTPA enforcement under § 39-5-50; and
• Provide me with a copy of the Department's findings and disposition.

The detailed facts are set forth in Section 5 below and are supported by the exhibits in Section 6. The transaction was for personal, family, or household purposes.

Resolution Sought:

☐ Refund of $[AMOUNT]

☐ Cancellation of contract / reversal of charges

☐ Repair or replacement

☐ Removal of derogatory credit reporting

☐ Cease-and-desist of unlawful conduct

☐ License action against Respondent

☐ Other: [________________________________]

Prior Contacts with Respondent:

I attempted to resolve this matter directly with Respondent on [DATE(S)] by [METHOD]. The result was [OUTCOME].

I authorize the Department of Consumer Affairs to share this complaint and supporting documents with Respondent for purposes of investigation and mediation, and with the SC Attorney General and federal regulators where appropriate.

Sincerely,

[________________________________]

[CONSUMER NAME]

3. FILING 2 — SC ATTORNEY GENERAL CONSUMER PROTECTION DIVISION

TO:

Office of the Attorney General of South Carolina

Consumer Protection Division

Rembert C. Dennis Building

1000 Assembly Street, Room 519

Columbia, SC 29201

Mailing: P.O. Box 11549, Columbia, SC 29211

Telephone: (803) 734-3970

Web: https://www.scag.gov/inside-the-office/legal-services-division/consumer-protection-antitrust/

Re: Notice of Pattern Conduct and Request for SCUTPA Investigation — [BUSINESS NAME]

Dear Attorney General:

I submit this notice for the Consumer Protection Division's evaluation of pattern conduct by [BUSINESS NAME] ("Respondent") that I believe constitutes unfair or deceptive acts or practices in violation of S.C. Code Ann. § 39-5-20 and adversely affects the public interest within the meaning of Daisy Outdoor Advertising Co. v. Abbott, 322 S.C. 489, 473 S.E.2d 47 (1996).

I understand that the Division does not generally mediate individual consumer complaints — those are routed to the SC Department of Consumer Affairs (which I have filed in parallel under Section 2). I respectfully request that the Division consider:

• Investigating the pattern of conduct described herein, including the issuance of investigative demands under § 39-5-50;
• Bringing an action under S.C. Code § 39-5-50 et seq. for injunctive relief, restitution, and civil penalties of up to $5,000 per willful violation under § 39-5-110; and
• Coordinating with SCDCA and federal regulators (CFPB, FTC) on enforcement.

Pattern Indicators (potential for repetition):

• ☐ Standardized scripts, form letters, dialer programs, or training materials evidencing routine conduct against numerous SC consumers;
• ☐ Other consumer complaints in the SCDCA, CFPB, or BBB databases;
• ☐ Prior enforcement actions in any state;
• ☐ Identical contract or representation language used with multiple consumers;
• ☐ Other: [________________________________]

The detailed facts and exhibits are set forth in Sections 5 and 6.

Sincerely,

[________________________________]

[CONSUMER NAME]

4. FILING 3 — CONSUMER FINANCIAL PROTECTION BUREAU

TO:

Consumer Financial Protection Bureau

Online: https://www.consumerfinance.gov/complaint/

Telephone: (855) 411-CFPB (2372) / TTY/TDD: (855) 729-CFPB (2372)

Mail: P.O. Box 27170, Washington, DC 20038

Re: Consumer Complaint — [BUSINESS NAME]

Product Type (CFPB taxonomy):

☐ Debt collection

☐ Credit reporting / credit repair / other personal consumer reports

☐ Mortgage

☐ Credit card or prepaid card

☐ Checking or savings account

☐ Money transfer, virtual currency, or money service

☐ Vehicle loan or lease

☐ Student loan

☐ Payday loan, title loan, or personal loan

☐ Other financial service

Issue: [Select from CFPB taxonomy — e.g., "Attempts to collect debt not owed"; "Incorrect information on your report"; "Trouble during payment process"]

What Happened: See common narrative in Section 5.

Desired Resolution: [Refund / Account closure / Removal of credit reporting / Apology / Other]

Documents Attached: See Schedule of Exhibits in Section 6.

Authorization: I authorize the CFPB to share this complaint with the company for response and to publish a non-personally-identifiable version in the Consumer Complaint Database.

Sincerely,

[________________________________]

[CONSUMER NAME]

5. COMMON NARRATIVE — STATEMENT OF FACTS

5.1. The Parties. I am a South Carolina resident. Respondent is [NAME, FORM OF ENTITY, PRINCIPAL PLACE OF BUSINESS].

5.2. The Transaction. On or about [__/__/____], I entered into a transaction with Respondent for [GOODS / SERVICES / FINANCIAL PRODUCT] in the amount of $[AMOUNT]. The transaction was for personal, family, or household purposes and constitutes "trade or commerce" under S.C. Code Ann. § 39-5-10. (Exhibit A — Contract or receipt.)

5.3. Representations. Respondent represented to me, in writing or orally, that [REPRESENTATIONS — e.g., "no fees," "0% APR," "lifetime warranty," "SC-licensed"]. (Exhibit B — Advertisement / written communication.)

5.4. Performance and Payment. I performed my obligations by [PAYMENT / DELIVERY / OTHER] on [__/__/____]. (Exhibit C — Payment record.)

5.5. The Wrongful Conduct. Beginning on or about [__/__/____], Respondent engaged in the following acts and practices:

• [SPECIFIC ACT 1 — e.g., charged undisclosed fees of $______];
• [SPECIFIC ACT 2 — e.g., reported debt to CRA after written dispute];
• [SPECIFIC ACT 3 — e.g., refused to honor warranty];
• [SPECIFIC ACT 4 — e.g., used abusive collection tactics].

(Exhibits D–G — Communications, statements, recordings, screenshots.)

5.6. My Attempts to Resolve. On [__/__/____], I contacted Respondent at [PHONE / ADDRESS / EMAIL] to seek resolution. Respondent [REFUSED / IGNORED / PROMISED BUT FAILED]. (Exhibit H — Letter / email / call log.)

5.7. Harm. As a result, I have suffered:

• Out-of-pocket loss of $[AMOUNT];
• Damage to my credit score (drop from [___] to [___]);
• [Lost wages / time off work / interest charges] of $[AMOUNT];
• Emotional distress, anxiety, and frustration.

5.8. Statutory Violations. Respondent's conduct violates, at minimum:

• S.C. Code Ann. § 39-5-20 (unfair or deceptive acts or practices);
• S.C. Code Ann. § 37-5-101 et seq. (SC Consumer Protection Code) and § 37-5-202 (civil liability);
• [15 U.S.C. § 1692e(2), (5), (8), (10) — FDCPA misrepresentations] (if debt collection);
• [15 U.S.C. § 1681s-2 — FCRA furnisher duty] (if credit reporting);
• [S.C. Code § 39-1-90 — Notice of Security Breach] (if data breach);
• [S.C. Code § 16-13-510 — Financial Identity Fraud] (if identity theft).

5.9. Public Interest / Potential for Repetition. Respondent's conduct adversely affected the public interest within the meaning of Daisy Outdoor Advertising Co. v. Abbott, 322 S.C. 489, 473 S.E.2d 47 (1996), because [STATE FACTS — e.g., Respondent uses standardized scripts/letters; conduct is part of a routine business practice; other consumers have made similar complaints in the SCDCA / CFPB / BBB databases; Respondent's contract language is used in transactions with many SC consumers].

5.10. Willfulness. Respondent's conduct was willful or knowing within the meaning of S.C. Code Ann. § 39-5-140 because [STATE FACTS — e.g., conduct continued after written notice; pattern of similar conduct; continued after AG/CFPB notice].

5.11. Resolution Sought. I request that Respondent [REFUND / CANCEL / DELETE / CEASE / OTHER] and that the agencies receiving this complaint take such administrative or enforcement action as is appropriate, including civil penalties of up to $5,000 per willful violation under S.C. Code § 39-5-110.

6. SCHEDULE OF EXHIBITS

7. SOUTH CAROLINA PRACTICE NOTES

• SCDCA is the primary intake. The South Carolina Department of Consumer Affairs is the agency dedicated to receiving, mediating, and investigating individual consumer complaints. SCDCA encourages consumers to first attempt resolution directly with the business, then file in writing. SCDCA does not act as the consumer's lawyer but mediates fair resolutions, refers complaints outside its jurisdiction, and acts on businesses it regulates under Title 37.
• AG Consumer Protection Division — pattern enforcement. The AG's Consumer Protection Division does NOT mediate individual disputes. It investigates and prosecutes pattern unfair or deceptive practices and antitrust violations under S.C. Code § 39-5-10 et seq. Civil penalties of up to $5,000 per willful violation are available under § 39-5-110. A copy of an individual complaint to the AG is nonetheless valuable: it creates an enforcement record and documents pattern conduct supporting the SCUTPA "potential for repetition" element required by Daisy Outdoor v. Abbott, 322 S.C. 489 (1996).
• SCUTPA "public interest" requirement (CRITICAL). Daisy Outdoor Advertising Co. v. Abbott, 322 S.C. 489, 473 S.E.2d 47 (1996), requires private SCUTPA plaintiffs to prove the conduct adversely affected the public interest, satisfied by evidence of a "potential for repetition." Pattern complaint records (SCDCA, AG, CFPB) are highly probative. Document any SCDCA or CFPB database entries against the same Respondent.
• Treble damages and mandatory fees. Private SCUTPA actions under § 39-5-140 award actual damages, trebled for willful or knowing violations. Attorney's fees and costs are mandatory upon a finding of ANY violation (Maybank v. BB&T Corp., 416 S.C. 541, 787 S.E.2d 498 (2016)). No private class actions are permitted under SCUTPA — § 39-5-140 limits private recovery to "an action individually, but not in a representative capacity."
• No pre-suit demand requirement under SCUTPA. Unlike Massachusetts (M.G.L. c. 93A § 9), SC does NOT require a pre-suit demand. A consumer may file in court at any time. The regulatory complaint, however, often produces voluntary settlement and powerful evidence of willfulness for trebling.
• CFPB scope. The CFPB has jurisdiction over federally regulated consumer financial products and services. It does NOT cover most retail purchases, home improvement, or general goods/services. Use SCDCA or the SC AG for those.
• SC licensed-entity overlay. SCDCA regulates many financial entities under Title 37 (consumer credit, supervised lenders, deferred-presentment / payday lenders, debt collectors not engaged in litigation, motor-vehicle finance, etc.). For state-chartered banks contact the SC Board of Financial Institutions ((803) 734-2001). For mortgage entities contact SCDCA's mortgage lending division. License action is often the fastest path to restitution.
• Insurance carrier conduct. S.C. Code § 38-59-10 et seq. (Unfair Claim Settlement Practices) and the SC Department of Insurance ((803) 737-6160; doi.sc.gov) handle insurer misconduct. Insurer SCUTPA exposure is limited where the conduct is regulated by the Department of Insurance — but bad-faith torts remain available.
• FTC. For telemarketing, robocall, and cross-border fraud, also file at ReportFraud.ftc.gov. For identity theft, IdentityTheft.gov is the appropriate FTC portal.
• Data-breach AG notice. Under S.C. Code § 39-1-90, businesses owning or licensing personal information of SC residents must notify affected residents and, if the breach involves more than 1,000 residents, must notify the SC Department of Consumer Affairs and certain consumer reporting agencies. Cross-reference any breach you complained about against SCDCA's published notifications.
• Litigation preservation. Filing administrative complaints does NOT toll the FDCPA 1-year limitations period, the SCUTPA 3-year limitations period under § 39-5-150 (discovery rule), or any other statute of limitations. Preserve civil claims by separately tracking deadlines.
• Public records. Complaints filed with SCDCA are subject to the SC Freedom of Information Act (S.C. Code § 30-4-10 et seq.) once an investigation closes. Mark sensitive personal information accordingly.
• TTY / language access. SCDCA and the SC AG provide language-access services. SCDCA toll-free hotline (800) 922-1594 is available 8:30 a.m. – 5:00 p.m. weekdays.

8. SOURCES AND REFERENCES

• South Carolina Department of Consumer Affairs — https://consumer.sc.gov/
• SCDCA Complaint Page — https://consumer.sc.gov/consumer-resources/consumer-complaints
• SCDCA Online Complaint Portal — https://applications.sc.gov/DCAComplaintSystem/Login/ConsumerLogin.aspx
• South Carolina Attorney General Consumer Protection Division — https://www.scag.gov/inside-the-office/legal-services-division/consumer-protection-antitrust/
• South Carolina Attorney General Office Contact — https://www.scag.gov/about-the-office/contact-us/
• S.C. Code Ann. § 39-5-10 et seq. (SCUTPA) — https://www.scstatehouse.gov/code/t39c005.php
• S.C. Code Ann. § 39-5-140 (Private actions; treble damages) — https://www.scstatehouse.gov/code/t39c005.php
• S.C. Code Ann. § 39-5-110 (Civil penalties) — https://www.scstatehouse.gov/code/t39c005.php
• S.C. Code Ann. § 37-1-101 et seq. (SC Consumer Protection Code) — https://www.scstatehouse.gov/code/title37.php
• S.C. Code Ann. § 37-5-101 et seq. (Remedies and Penalties) — https://www.scstatehouse.gov/code/t37c005.php
• S.C. Code Ann. § 39-1-90 (Notice of Security Breach) — https://www.scstatehouse.gov/code/t39c001.php
• S.C. Code Ann. § 16-13-510 (Financial Identity Fraud) — https://www.scstatehouse.gov/code/t16c013.php
• Daisy Outdoor Advertising Co. v. Abbott, 322 S.C. 489, 473 S.E.2d 47 (1996)
• Maybank v. BB&T Corp., 416 S.C. 541, 787 S.E.2d 498 (2016) (mandatory fees)
• Reynolds v. Ryland Group, Inc., 340 S.C. 331, 531 S.E.2d 917 (2000) (SCUTPA elements)
• CFPB Consumer Complaint Portal — https://www.consumerfinance.gov/complaint/
• CFPB Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• FTC ReportFraud.ftc.gov — https://reportfraud.ftc.gov/
• FTC IdentityTheft.gov — https://www.identitytheft.gov/
• South Carolina Department of Insurance — https://doi.sc.gov/
• South Carolina Board of Financial Institutions — https://banking.sc.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in South Carolina must review and customize this document before submission. Laws, citations, and court rules change frequently; verify all authorities before use.