Consumer Protection UDAP Demand Letter — South Carolina

SOUTH CAROLINA CONSUMER PROTECTION UDAP DEMAND LETTER

Quick-Reference Summary

Sender Letterhead

[SENDER NAME OR LAW FIRM]
[Street Address]
[City, State ZIP]
Telephone: [____________]
Email: [____________]
[SC Bar No. / File No., if applicable]

Date and Recipient

Date: [__/__/____]

Via Certified Mail, Return Receipt Requested, No. [____________]
And Via Email to: [____________]

[RECIPIENT NAME / REGISTERED AGENT]
[BUSINESS NAME]
[Street Address]
[City, State ZIP]

Subject Line / Re: Block

RE: STATUTORY DEMAND FOR RELIEF — South Carolina Unfair Trade Practices Act, S.C. Code Ann. §§ 39-5-10 et seq.
Consumer: [CLAIMANT FULL NAME]
Transaction Date(s): [__/__/____] through [__/__/____]
Transaction Amount: $[__________]
Discovery Date: [__/__/____]

I. Parties

Claimant: [CLAIMANT FULL NAME], a South Carolina resident residing at [ADDRESS], County of [____________], State of South Carolina. Claimant has suffered an ascertainable loss of money or property within the meaning of S.C. Code Ann. § 39-5-140(a) and brings this claim individually (not in a representative capacity, as required by § 39-5-140(a)).

Respondent: [BUSINESS NAME], a [STATE OF INCORPORATION] [entity type] engaged in trade or commerce in South Carolina, with its principal place of business at [ADDRESS] and registered agent [AGENT NAME] at [AGENT ADDRESS]. Respondent's conduct constitutes "trade or commerce" within the meaning of S.C. Code Ann. § 39-5-10(b) — namely, the "advertising, offering for sale, sale or distribution of any services and any property … directly or indirectly affecting the people of this State."

II. Factual Background

1. On or about [__/__/____], Claimant [purchased / contracted for / paid for] [DESCRIBE GOODS OR SERVICES] from Respondent for the sum of $[__________].

2. Prior to and during the transaction, Respondent engaged in the following unfair and/or deceptive acts or practices:

☐ Misrepresentation 1: [_________________________________________________________]
☐ Misrepresentation 2: [_________________________________________________________]
☐ Misleading statement: [_________________________________________________________]
☐ Material omission: [_________________________________________________________]
☐ Unfair practice (offensive to public policy / immoral / unethical / oppressive): [____________]

3. Each act or practice was "deceptive" within the meaning of SCUTPA in that it had a capacity or tendency to deceive (deBondt v. Carlton Motorcars, Inc., 342 S.C. 254, 269 (Ct. App. 2000)) and/or "unfair" in that it was offensive to public policy or immoral, unethical, or oppressive (Bessinger v. BI-LO, Inc., 366 S.C. 426, 432 (Ct. App. 2005); Gentry v. Yonce, 337 S.C. 1, 12 (1999)).

4. Public-Interest Element (required under Daisy Outdoor Adver. v. Abbott and Singleton v. Stokes Motors): Respondent's conduct has had, and continues to have, an adverse impact on the public interest because:

(a) Past Repetition — The same or substantially similar unfair or deceptive acts or practices have occurred in the past with other South Carolina consumers, making future repetition likely absent deterrence. Evidence includes:

☐ Online consumer complaints / reviews (Exhibit ___)
☐ South Carolina Department of Consumer Affairs complaints (Exhibit ___)
☐ Better Business Bureau complaints (Exhibit ___)
☐ Prior litigation against Respondent involving similar conduct (Exhibit ___)
☐ News reports / regulatory actions (Exhibit ___)

(b) Procedural Repetition — Respondent's business procedures (sales scripts, advertising templates, contract forms, training materials) create a potential for repetition of the unfair or deceptive acts because they are applied uniformly to all South Carolina customers.

☐ Attached as Exhibit A: documentation of similar consumer complaints
☐ Attached as Exhibit B: Respondent's standard advertising / sales materials

5. Claimant relied on Respondent's representations in entering the transaction. Claimant would not have entered the transaction, or would have entered on materially different terms, but for those representations.

6. As a direct and proximate result, Claimant has suffered an ascertainable loss of money and property:

III. Statutory Demand

Pursuant to the South Carolina Unfair Trade Practices Act, S.C. Code Ann. §§ 39-5-10 et seq., Claimant hereby demands that Respondent, within [30 / 21 / 14] days of delivery of this letter:

1. Pay actual damages in the sum of $[__________], with interest at the South Carolina legal rate from [__/__/____];

2. Cease and desist all conduct of the type described in Section II above;

3. Reform the standardized business procedures, scripts, contracts, or advertising materials that produced the conduct, and provide written confirmation of such reforms;

4. Preserve all evidence identified in Section V below; and

5. Identify by name and last known contact information any other South Carolina consumers known to Respondent who have raised the same or substantially similar complaints during the past three (3) years.

The specific SCUTPA-prohibited acts include, without limitation:

☐ S.C. Code Ann. § 39-5-20(a) (general prohibition on unfair or deceptive acts in trade or commerce)
☐ S.C. Code Ann. § 39-5-37 (use of assumed/fictitious name to misrepresent business) [if applicable]
☐ S.C. Code Ann. § 39-5-38 (deceptive advertising of live musical performance) [if applicable]
☐ Other statutory provision incorporated into SCUTPA: [_________________________________]

IV. Damages and Remedies If Not Cured

If Respondent fails to make full and timely tender of the relief demanded above, Claimant intends to file an individual civil action in the Court of Common Pleas for [____________] County, South Carolina, seeking the following relief:

This letter places Respondent on express, written notice of facts giving rise to a finding of willful or knowing violation of S.C. Code Ann. § 39-5-20. Under § 39-5-140(a), upon such a finding "the court shall award three times the actual damages sustained" (mandatory). Any continuation of the conduct described in Section II after receipt of this letter will be relied upon at trial as additional proof of scienter for treble damages.

V. Litigation Hold / Evidence Preservation Notice

Respondent is hereby placed on formal notice of its duty to preserve all documents, electronically stored information (ESI), and other tangible evidence relevant to the claims described above. Respondent must immediately suspend any routine destruction, deletion, or overwriting policies as applied to:

☐ All communications with Claimant (email, text/SMS, voicemail, chat logs, recorded calls)
☐ Internal communications referencing Claimant or the transaction
☐ Marketing, advertising, and sales materials in effect during [__/__/____] through [__/__/____]
☐ Sales scripts, training materials, and policy/procedure manuals (relevant to "procedural repetition")
☐ Customer complaints, refund logs, chargeback records, SC DCA and BBB correspondence
☐ Records of similar South Carolina consumer complaints during the past 3 years
☐ Audit logs, version histories, and metadata for any of the foregoing
☐ Contracts, invoices, receipts, financing documents, and warranty records
☐ Photographs, videos, inspection reports, service records, and product samples
☐ Backup tapes, cloud-backed copies, and archived ESI

Spoliation may result in sanctions, adverse-inference instructions, and additional claims under South Carolina law.

VI. Response Deadline and Method

Respondent must respond in writing within [30 / 21 / 14] days of delivery of this letter, no later than [__/__/____].

Acceptable methods of response:

Acceptable forms of response include: (a) full tender of the relief demanded; (b) a written counter-offer of settlement; or (c) a written denial setting forth Respondent's position with specificity.

Silence, partial tender, or boilerplate denial will be treated as a refusal to cure and will result in immediate filing of an individual civil action. Claimant may separately submit a complaint to the South Carolina Department of Consumer Affairs and to the South Carolina Attorney General's Office.

This letter is sent without prejudice to all of Claimant's rights and remedies, which are expressly reserved — including claims under common-law fraud, breach of contract, breach of warranty (express and implied), the Magnuson-Moss Warranty Act, the Fair Debt Collection Practices Act, the Truth in Lending Act, and any other applicable federal or state statute.

Signature Block

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (or Claimant pro se)
South Carolina Bar No. [__________] (if attorney)
[Firm Name]
[Street Address]
[City, SC ZIP]
Telephone: [____________]
Email: [____________]
Counsel for Claimant [CLAIMANT NAME] (if represented)

cc: ☐ Claimant
☐ File
☐ [Co-counsel, if any]

Pre-Send Checklist

☐ Verified Respondent's legal name and registered agent via SC Secretary of State (https://businessfilings.sc.gov)
☐ Confirmed conduct occurred in or affected South Carolina trade or commerce
☐ Confirmed claim is within the 3-year SOL under S.C. Code Ann. § 39-5-150
☐ Identified specific SCUTPA-prohibited conduct (§ 39-5-20(a) and any specific subsections)
☐ Plead public-interest element under Daisy Outdoor / Singleton (BOTH past repetition AND procedural repetition)
☐ Confirmed claim is brought individually (NOT in representative capacity — § 39-5-140(a) bars class actions)
☐ Calculated actual damages with documentation
☐ Identified facts supporting willful or knowing violation (triggers mandatory treble)
☐ Removed all <!-- GUIDANCE --> comments
☐ Attached exhibits referenced in Section II
☐ Sent via certified mail, return receipt requested
☐ Sent copy via email and retained delivery confirmation
☐ Calendared response deadline and SOL deadline
☐ Opened litigation-hold file on Claimant's side
☐ Reviewed by South Carolina-licensed counsel before transmission

Sources and References

• South Carolina Unfair Trade Practices Act, S.C. Code Ann. §§ 39-5-10 to 39-5-560: https://www.scstatehouse.gov/code/t39c005.php
• S.C. Code Ann. § 39-5-20 (unfair methods of competition; FTC Act guidance): https://www.scstatehouse.gov/code/t39c005.php
• S.C. Code Ann. § 39-5-140 (private right of action; treble damages; attorney fees): https://www.scstatehouse.gov/code/t39c005.php
• S.C. Code Ann. § 39-5-150 (three-year statute of limitations): https://www.scstatehouse.gov/code/t39c005.php
• Daisy Outdoor Adver. Co. v. Abbott, 322 S.C. 489, 473 S.E.2d 47 (1996) (public-interest requirement)
• Singleton v. Stokes Motors, Inc., 358 S.C. 369, 595 S.E.2d 461 (2004) (two ways to show potential for repetition)
• Wright v. Craft, 372 S.C. 1, 640 S.E.2d 486 (Ct. App. 2006) (SCUTPA elements)
• deBondt v. Carlton Motorcars, Inc., 342 S.C. 254, 536 S.E.2d 399 (Ct. App. 2000) ("tendency to deceive")
• Bessinger v. BI-LO, Inc., 366 S.C. 426, 622 S.E.2d 564 (Ct. App. 2005) (definition of "unfair")
• Reynolds v. Ryland Group, 340 S.C. 331, 531 S.E.2d 917 (2000) (privity not required)
• South Carolina Department of Consumer Affairs complaint portal: https://consumer.sc.gov/
• South Carolina Secretary of State Business Filings Search: https://businessfilings.sc.gov