South Carolina Scam and Fraud Laws: Where to Report, How to Sue

In South Carolina, the office that takes scam and business complaints is the Department of Consumer Affairs (SCDCA), not the Attorney General. The Attorney General's office says it "represents the State of South Carolina not individual citizens" and sends people with scam, identity theft and business complaints to SCDCA, which mediates written complaints and runs a scam-reporting line.

South Carolina's consumer protection law, the South Carolina Unfair Trade Practices Act (SCUTPA), lets a person who suffered an ascertainable loss of money or property because of an unfair or deceptive act in trade or commerce sue for actual damages. If the court finds the violation was willful or knowing, it must award three times the actual damages, and a court that finds a violation must award the person who sued reasonable attorney's fees and costs. The suit has to be brought individually (not as a class action), within three years after the conduct is discovered, and against someone you can actually identify and reach.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers South Carolina state law: the South Carolina Unfair Trade Practices Act (S.C. Code Title 39, Chapter 5), South Carolina complaint offices, the state's protections for vulnerable adults, its immigration-assistance, telephone-solicitation and home-solicitation rules, and South Carolina court limits and deadlines. Federal refund and reporting rights are summarized briefly and covered in depth on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in South Carolina

Contact the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away, because that company is usually the only one that can stop or reverse a payment. Your federal rights depend on how you paid; our guide on how to get money back after a scam walks through each payment method, and the Zelle and payment app guide covers app transfers.

Then report it. Most scams go to the FTC at ReportFraud.ftc.gov and online crime to the FBI's IC3; our where to report a scam guide lists every federal channel. The South Carolina offices below are in addition to those, not instead of them. If a scammer has your Social Security number or account details, see a scammer has my information and our South Carolina identity theft guide.

Where to report a scam in South Carolina

SCDCA's complaint page says it "processes and mediates written consumer complaints, seeking to find fair solutions for the consumer and the business," and it encourages consumers "to contact the business first to try and resolve a complaint." You can file through the online complaint portal (it times out after 30 minutes, so have your documents ready) or mail a paper form to PO Box 5757, Columbia, SC 29250. The agency's phone lines are open 8:30 a.m. until 5 p.m., Monday through Friday.

Be realistic about what a complaint can do. SCDCA describes its mediation as "seeking equitable solutions for the consumer and the business, including refunds, adjustments and credits to consumer accounts." That works best against a real business that wants to keep its reputation. SCDCA's pages do not say it can force a business to pay. A scam report also helps the state track what is happening: SCDCA reported that in August 2026, 38 scams were reported to it, with actual losses of $378,566.81 (its own count, not a statewide total).

The Attorney General's FAQ is direct about its role: "The Attorney General cannot represent you with your legal matter." For scams, identity theft and business complaints, it points people to SCDCA at 803-734-4200 or 1-800-922-1594 (in SC only). For crypto and other investment schemes, see our crypto and investment scams guide.

South Carolina's consumer protection law: can you sue?

Sometimes, and the condition matters. SCUTPA (S.C. Code section 39-5-10 and following) declares unlawful "unfair or deceptive acts or practices in the conduct of any trade or commerce" (section 39-5-20(a)). Section 39-5-140(a) gives a private right to sue:

"Any person who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of an unfair or deceptive method, act or practice declared unlawful by Section 39-5-20 may bring an action individually, but not in a representative capacity, to recover actual damages."

Three parts of that sentence decide whether you have a claim:

1. An ascertainable loss of money or property. You need a loss you can show and measure.
2. Caused by an unfair or deceptive act in trade or commerce. The act defines trade and commerce to include advertising, offering for sale, selling or distributing services and property, and any trade or commerce directly or indirectly affecting the people of the state (section 39-5-10(b)). In deciding what is unfair or deceptive, South Carolina courts are guided by how the FTC and federal courts interpret the federal FTC Act (section 39-5-20(b)).
3. Individually, not as a class. The statute says the action is brought "individually, but not in a representative capacity," so SCUTPA does not allow a class action.

Unlike some states, the private-action section is not limited to a defined "consumer"; it says "any person." But that does not mean every scam victim has a SCUTPA claim. Whether your loss came from an unfair or deceptive act in trade or commerce, and whether the person who took the money can be found, depends on your facts. A South Carolina lawyer can tell you whether your situation fits.

What you can recover

Actual damages are the base remedy. The extra damages depend on a finding about the defendant's state of mind:

"If the court finds that the use or employment of the unfair or deceptive method, act or practice was a willful or knowing violation of Section 39-5-20, the court shall award three times the actual damages sustained and may provide such other relief as it deems necessary or proper."

Section 39-5-140(d) explains that "a willful violation occurs when the party committing the violation knew or should have known that his conduct was a violation of Section 39-5-20." Once the court makes that finding, tripling is required ("shall"), not optional. Without that finding, the recovery is actual damages.

Attorney's fees are also required when you win on a violation: "Upon the finding by the court of a violation of this article, the court shall award to the person bringing such action under this section reasonable attorney's fees and costs." The text of section 39-5-140 does not include a pre-suit demand letter requirement of the kind some states have. When a SCUTPA suit is filed, the court clerk mails a copy of the complaint to the Attorney General (section 39-5-140(b)).

Penalties the State collects are separate. Under section 39-5-110(a), the Attorney General can seek a civil penalty "not exceeding five thousand dollars per violation" for willful violations, and section 39-5-50 lets the Attorney General sue to stop an unlawful practice. Those are public enforcement tools; the civil penalty is not money paid to the victim.

Exemptions a business may raise

Section 39-5-40 says the act does not apply to "actions or transactions permitted under laws administered by any regulatory body or officer acting under statutory authority of this State or the United States or actions or transactions permitted by any other South Carolina State law," to insurance trade practices regulated under Title 38, Chapter 57, or to practices that are subject to, and comply with, statutes administered by the Federal Trade Commission. There is also an exemption for media publishers who run ads without knowledge of the problem. The statute puts "the burden of proving exemption from the provisions of this article" on the person claiming it.

The deadline

Section 39-5-150: "No action may be brought under this article more than three years after discovery of the unlawful conduct which is the subject of the suit." Write down when you first realized what had happened, and do not wait.

The honest limit

A SCUTPA case needs a defendant you can identify, serve and collect from. That can work against a South Carolina business, a contractor or a seller with a real address. It usually does not work against an anonymous scammer who called from a spoofed number, used a fake name or moved the money overseas, and a judgment does not help if nobody can be found to pay it. Our guide on when a lawyer helps after a scam covers how to tell the difference.

Protections for older and vulnerable adults

South Carolina's protections in this area are built around the term "vulnerable adult," not a specific age. Under section 43-35-10(11), a vulnerable adult is a person 18 or older who has "a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection," which can include impairment from "the infirmities of aging including ... advanced age." Being older is not enough on its own; the impairment is what counts.

Exploitation is a felony. Under section 43-35-85(D), "A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution." The definition of exploitation reaches any person, not only a relative or caregiver, and includes causing a vulnerable adult to buy goods or services through "swindling by overreaching, cheating, or defrauding the vulnerable adult through cunning arts or devices that delude the vulnerable adult and cause him to lose money or other property" (section 43-35-10(3)). The fine and prison term are criminal penalties; restitution, if a court orders it, is the part aimed at repaying the victim. For warning signs and family steps, see our elder fraud guide.

Reporting is required. Section 43-35-25 requires listed professionals (including physicians, nurses, social or public assistance workers, caregivers and law enforcement officers) who have reason to believe a vulnerable adult has been or is likely to be abused, neglected or exploited to report it, and says "any other person who has actual knowledge" of it shall report too. Reports are due within 24 hours or the next working day. For an adult living in the community, the statute directs reports to Adult Protective Services. A required reporter who knowingly and wilfully fails to report commits a misdemeanor punishable by a fine of up to $2,500 or up to one year in prison (section 43-35-85(A)).

We could not reach the Department of Social Services website to confirm Adult Protective Services' current intake number or which cases it accepts, so we do not print a number here. If money has been taken, report the crime to local law enforcement. For fraud against anyone 60 or older, the federal DOJ National Elder Fraud Hotline (833-372-8311) can also help you report; see where to report a scam.

Banks and credit unions may hold a transaction. Under section 43-35-87(B), if a financial institution (a bank, credit union, wealth management institution or other financial services company) "reasonably believes that the financial exploitation of a vulnerable adult has occurred or may occur," it "may, but is not required to, decline or place on hold" a transaction involving the vulnerable adult's account. If it does, it must make a reasonable effort to notify everyone authorized to transact business on the account and must report the incident to the appropriate investigative entity. The hold ends when the institution determines that allowing the transaction will not result in exploitation or 30 business days after it started, whichever is sooner, unless an investigative entity asks for an extension, in which case it can last no more than 55 business days; a court can also order otherwise. The law protects institutions that act in good faith, but it does not shield an institution "for participating in or materially aiding the financial exploitation of a vulnerable adult."

Because the hold is optional, it helps to call the bank's fraud department yourself and say plainly that you believe a parent or relative is being scammed.

Brokers and investment advisers may delay a disbursement. Section 35-1-850 covers "eligible adults," defined as anyone 55 or older or a vulnerable adult (section 35-1-800(2)). After an internal review, a broker-dealer or investment adviser may delay a disbursement it believes may involve financial exploitation, which the law defines to include "any scheme, device, or artifice to defraud." It must give written notice within two business days and notify Adult Protective Services and the Attorney General's Securities Division. The delay ends when the firm determines the disbursement will not result in exploitation or after 30 business days, whichever is sooner; either agency can have it extended to 55 business days, and the Court of Common Pleas can extend it further.

South Carolina scam laws on the books

Crypto ATMs (virtual currency kiosks): no law yet

South Carolina has not enacted a crypto kiosk law. H.4592, a "Vending of Digital Assets" bill, was introduced on January 13, 2026, and the legislature's bill page said it was "Currently residing in the House Committee on Labor, Commerce and Industry," with no later action shown when we checked. As introduced, its text includes money-transmitter licensing for kiosk operators, a $2,000 daily transaction limit for new customers, and refund rights. A bill is not law, and none of that applies to kiosk transactions today.

Do not confuse that bill with S.163, which became Act No. 208 of 2026 and took effect May 19, 2026. Act 208 is titled "Cryptocurrency," but it deals with central bank digital currency, digital asset mining and related topics, and contains no kiosk, transaction-limit or refund provisions. If you lost money at a crypto ATM, start with our crypto and investment scams guide and report to SCDCA and the FBI's IC3.

Immigration-assistance services (notario fraud)

Under section 40-83-30, a person who is not a lawyer and who offers "immigration assistance services" may provide only the limited clerical services the statute lists, must hold a business license, and must post a sign stating: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." Violations carry a civil penalty of up to $1,000 per violation and revocation of the business license, and a person convicted of the felony of knowingly and wilfully making a false, fictitious or fraudulent statement in documents prepared for immigration assistance services is "jointly and severally liable for any loss suffered by any person" (section 40-83-30(J) and (K)). Lawyers, staff they supervise, and nonprofits recognized by the federal Board of Immigration Appeals are exempt. See our guide to notario fraud.

Telemarketing calls

South Carolina's Telephone Privacy Protection Act (section 37-21-10 and following) says a telephone solicitor "may not initiate ... a telephone solicitation to a telephone number on the National Do Not Call Registry" (section 37-21-70(B)). Section 37-21-80(A) provides a private lawsuit for violations, for "actual losses in addition to damages in the amount of one thousand dollars for each violation," and up to "five thousand dollars for each violation" when the violation is willful; the court may award attorney's fees, and the statute includes a bona fide error defense. SCDCA and the Attorney General can also enforce the act. A scam call from an unknown caller rarely leaves a defendant you can sue, but a call from an identifiable company may. For scam calls themselves, see phishing, smishing and vishing.

Door-to-door sales on credit

For a consumer credit sale of goods or services made at the buyer's residence, South Carolina's home solicitation rules let the buyer cancel "until midnight of the third business day after the day on which the buyer signs" (section 37-2-502(1)). Cancellation is made by written notice.

Suing a scammer or a business in South Carolina

Magistrates court. South Carolina magistrates have civil jurisdiction "in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed seven thousand five hundred dollars," and in "any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed seven thousand five hundred dollars" (section 22-3-10). That is the usual place for a modest claim against a business or person you can identify and serve.

Deadlines. A SCUTPA claim has the three-years-from-discovery limit above. For fraud, section 15-3-530(7) sets three years for "any action for relief on the ground of fraud" in cases that, before 1870, could be heard only in the court of chancery, and says the claim does not accrue "until the discovery by the aggrieved party of the facts constituting the fraud." Which limitation rule applies to a particular fraud or misrepresentation claim can depend on how the claim is framed, so ask a South Carolina lawyer before relying on a date. Our South Carolina statute of limitations guide covers other civil deadlines.

Who you can actually reach. Lawsuits work against people and businesses with a name, an address and assets. A scammer behind a fake identity, a spoofed caller ID or an overseas account is usually not reachable through a South Carolina court. In those cases, the payment company, a fast report to law enforcement and protecting your identity are where your effort pays off. If a collector is chasing you over a debt you think a scammer created, see our South Carolina debt collection guide.

Related guides

• Scams and fraud: your rights and where to start
• How to get money back after a scam
• Where to report a scam
• Bank refused a scam refund
• Government impersonation scams
• Elder fraud
• South Carolina identity theft laws
• South Carolina debt collection laws
• South Carolina statute of limitations

Last updated: October 2, 2026.

This article is general legal information, not legal advice. For your specific situation, contact your payment company, the South Carolina office named above, or a lawyer licensed in South Carolina.

Frequently Asked Questions

Where do I report a scam in South Carolina?

Report it to the South Carolina Department of Consumer Affairs at 1 (844) TELL-DCA (835-5322) or with its Report a Scam form, and to the FTC at ReportFraud.ftc.gov. The Attorney General's office refers scam and business complaints to SCDCA, and crimes go to local law enforcement.

Will the South Carolina Attorney General help me get my money back?

Not as your lawyer. The office says it represents the State, not individual citizens, and cannot represent you in your legal matter. SCDCA mediates written complaints against businesses and seeks refunds, adjustments or credits.

Can I sue a scammer in South Carolina?

Possibly, if you suffered an ascertainable loss of money or property from an unfair or deceptive act in trade or commerce and you can identify and serve the person responsible. S.C. Code section 39-5-140 allows individual suits for actual damages, but an anonymous or overseas scammer is usually not reachable through a South Carolina court.

Does SCUTPA award triple damages?

Only if the court finds the violation was willful or knowing, meaning the defendant knew or should have known its conduct was unlawful. Then section 39-5-140(a) says the court shall award three times actual damages.

Does SCUTPA pay attorney's fees?

If the court finds a violation, section 39-5-140(a) says it shall award the person who brought the suit reasonable attorney's fees and costs.

Can I bring a class action under SCUTPA?

No. Section 39-5-140(a) allows an action individually, but not in a representative capacity.

How long do I have to sue under SCUTPA?

Three years after discovery of the unlawful conduct, under section 39-5-150.

Does South Carolina regulate crypto ATMs?

Not yet. A kiosk bill, H.4592, was in the House Committee on Labor, Commerce and Industry when we checked, and Act 208 of 2026 deals with central bank digital currency and mining, not kiosks or scam refunds.

Can a South Carolina bank freeze a transaction if it suspects elder fraud?

It may, but it does not have to. Under section 43-35-87, a financial institution that reasonably believes a vulnerable adult is being financially exploited may decline or hold a transaction, generally for up to 30 business days, or up to 55 business days if an investigative entity asks for an extension.

Is elder financial exploitation a crime in South Carolina?

Knowingly and wilfully exploiting a vulnerable adult is a felony punishable by a fine of up to $5,000, up to five years in prison, or both, and the court may order restitution (section 43-35-85(D)). The victim must meet the statute's definition of a vulnerable adult; age alone is not enough.

What is the magistrates court limit in South Carolina?

Magistrates hear contract claims for money and claims for fraud in the sale, purchase or exchange of personal property when the amount claimed does not exceed $7,500 (section 22-3-10).