Private Operator SCUTPA Treble-Damages Counterclaim
SC Code §39-5-10 et seq. (SCUTPA) prohibits 'unfair or deceptive acts or practices' in trade or commerce. Private parking operators (e.g., LAZ, ParkMobile, Republic, ABM, SP+) demanding payment of inflated 'civil parking notices' on private lots are engaged in 'trade or commerce' and have repeatedly been held subject to SCUTPA. An operator that (a) misrepresents a private invoice as an official ticket, (b) imposes excessive late fees, (c) threatens DMV reporting it has no authority to make, or (d) collects without complying with §56-5-5630 signage requirements, commits an unfair trade practice. Successful SCUTPA actions yield trebled actual damages plus reasonable attorney fees.
Legal basis
SC Code §39-5-20 (declaration of unlawful practices); SC Code §39-5-140 (private right of action, treble damages, attorney fees); Inman v. Imperial Chrysler-Plymouth, 303 S.C. 17 (1990); Daisy Outdoor Adv. Co. v. Abbott, 322 S.C. 489 (1996)
Sample appeal wording
TO: [Private Parking Operator] VIA CERTIFIED MAIL RE: Private Parking Notice No. [#], Date [DATE], Location [LOT] This is my formal dispute and demand letter under S.C. Code Ann. §39-5-10 et seq. (SC Unfair Trade Practices Act) and the FDCPA. The document mailed to me is a private invoice, not a government citation. Your use of the words 'CITATION' / 'VIOLATION' / 'FINE' and the threat of '[DMV reporting / vehicle impound / collection]' constitutes a deceptive act in trade or commerce because: (1) you have no statutory authority to enforce a fine; (2) you cannot place a hold on a SC DMV record; and (3) your signage at the lot fails to comply with S.C. Code §56-5-5630. I dispute this debt in its entirety. I demand: (a) immediate withdrawal; (b) written confirmation no derogatory report has been or will be made; (c) all communications to cease except for written confirmation of withdrawal. Failure to comply will result in suit for actual damages trebled, plus attorney fees, under S.C. Code §39-5-140, in addition to FDCPA remedies (15 U.S.C. §1692k). [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- SC Code §39-5-10 et seq.
- SC Code §39-5-140
- 15 U.S.C. §1692g, §1692k