BBB Auto Line (Manufacturer IDS) and § 56-28-90 State Arbitration in South Carolina

South Carolina provides two procedural alternatives under §§ 56-28-60 and 56-28-90: the manufacturer’s certified Informal Dispute Settlement (IDS) procedure if one exists (typically BBB Auto Line), or state-administered arbitration if the manufacturer has no certified IDS. This dual-pathway framework is distinctive among southeastern peer states — most southeastern UDAP / Lemon Law statutes provide only the manufacturer IDS pathway.

When BBB Auto Line applies — § 56-28-60

Under § 56-28-60, if the manufacturer has established a certified IDS procedure (16 C.F.R. Part 703 compliant), the consumer must first complete that procedure. Most major manufacturers’ IDS in SC is BBB Auto Line.

BBB Auto Line participating manufacturers

General Motors (Chevrolet, GMC, Buick, Cadillac)
Honda / Acura
Hyundai / Kia / Genesis
Mercedes-Benz
Mitsubishi
Nissan / Infiniti
Porsche
Subaru
Toyota / Lexus
Volvo / Polestar
BMW (varies)
Volkswagen / Audi (varies)

Non-BBB Auto Line manufacturers

Some manufacturers use other IDS providers:

Ford / Lincoln — typically Ford Dispute Settlement Board (DSB).
Stellantis (Jeep, Ram, Dodge, Chrysler) — National Center for Dispute Settlement (NCDS) historically.
Tesla — generally no certified IDS; § 56-28-90 state arbitration may apply.

When § 56-28-90 state arbitration applies

§ 56-28-90 provides a state-administered arbitration procedure for manufacturers without a certified IDS. This is meaningful because it gives SC consumers an alternative to a manufacturer-provided process for the limited manufacturer set without certified IDS.

This partial state arbitration option is more limited than the full state-arbitration frameworks in:

Connecticut DCP — full state arbitration administered by Department of Consumer Protection.
Florida NMVA Board — full state arbitration board.
Washington AG Lemon Law Arbitration — AG-administered program.
New Jersey DCA Lemon Law Unit — full DCA-administered program.
Massachusetts OCABR — full OCABR-administered.
Georgia Consumer Protection Division — state arbitration.

But SC’s § 56-28-90 backstop is broader than most southeastern peer states without any state-arbitration option.

BBB Auto Line procedure

The BBB Auto Line procedure under 16 C.F.R. Part 703:

1. Application

Submit via:

Online at bbbprograms.org/auto-line.
Mail using BBB Auto Line forms.
Phone for initial inquiry.

Required information:

Consumer name and contact.
Vehicle make, model, year, VIN.
Date of purchase / delivery.
Current mileage.
Description of nonconformity.
Summary of repair attempts.
Remedy sought.

2. Acknowledgment and notice

BBB acknowledges receipt and notifies the manufacturer, typically within 5-7 business days.

3. Manufacturer’s response

Manufacturer responds — accepting case for arbitration, offering pre-arbitration settlement, or contesting eligibility.

4. Hearing

Hearing scheduled within ~30 days. Hearings can be:

Document-only.
In-person.
Telephonic / video (increasingly common).

5. Decision

Arbitrator’s written decision within 40 days of hearing.

6. Acceptance or rejection

Consumer has 30 days to accept or reject. Manufacturer is bound by decision if consumer accepts. If consumer rejects, both sides retain litigation rights.

Cost

BBB Auto Line is free to the consumer. The program is funded by participating manufacturers.

Why BBB Auto Line outcomes lean conservative

BBB Auto Line decisions tend to favor manufacturers more than state-administered arbitration programs do (compared to, e.g., Connecticut DCP). Reasons:

Manufacturer funding — incentivizes manufacturer-friendly equilibrium over time.
Document-heavy procedure — favors well-prepared manufacturer presentations.
Standard of proof — typically tracks manufacturer’s express warranty obligations rather than broader Lemon Law / SCUTPA standards.

In SC, BBB Auto Line is best viewed as a procedural gateway rather than the destination. Most successful SC lemon-law cases ultimately resolve in litigation or post-IDS settlement negotiation.

Strategic considerations

Before submitting

Consult an SC lemon-law attorney first — particularly if SCUTPA or Magnuson-Moss claims are anticipated.
Don’t admit facts that hurt — the application becomes part of the record.
Don’t volunteer settlement offers — keep settlement value undisclosed.

During the hearing

Lead with the strongest defect evidence — video, recurring complaints, NHTSA data, TSBs.
Tie facts to the statute — “this was the third repair attempt within the express warranty term” maps directly to § 56-28-30.
Address exclusions proactively — preemptively rebut “modification” or “abuse” defenses.

After the decision

Accept partial-relief decisions only after attorney review — even a “win” at BBB may foreclose stronger litigation remedies.
Reject denials promptly — preserve litigation rights by formally rejecting within 30 days.
Use the BBB record carefully in litigation — both sides will reference it.

SC’s distinctive manufacturer’s-option remedy in BBB Auto Line context

Because SC’s § 56-28-40 puts the refund-vs-replacement choice with the manufacturer, BBB Auto Line decisions for SC cases may produce outcomes the consumer doesn’t ultimately prefer. The consumer’s right to reject the BBB decision and proceed to litigation preserves the ability to negotiate the remedy structure as part of settlement.

Bottom line

BBB Auto Line is the standard manufacturer IDS in SC under § 56-28-60. § 56-28-90 state arbitration provides a backstop for manufacturers without certified IDS — distinctive among southeastern peer states. Approach BBB Auto Line as the procedural step it is: document carefully, position strategically, preserve litigation theories. Most cases ultimately resolve in subsequent settlement negotiation or litigation, where the BBB record is one input among many.

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