2015 South Dakota Codified Laws
Title 54 - DEBTOR AND CREDITOR
Chapter 04 - Money Lending Licenses
§ 54-4-77 Prohibited debt collection tactics.

54-4-77. Prohibited debt collection tactics.

No person employed by a licensee to collect or attempt to collect any debt owed or due or asserted to be owed or due may:

(1) Harass, oppress, or abuse a borrower by:

(a) Using any threat of violence or harm;

(b) Publishing a list of names of borrowers who refuse to pay their debts absent providing such information to credit reporting companies;

(c) Using obscene or profane language; or

(d) Repeatedly using the phone with the intent to annoy borrowers;

(2) Use any false statement when attempting to collect a debt by falsely:

(a) Claiming to be an attorney or government representative;

(b) Claiming that the borrower has committed a crime;

(c) Representing that the licensee operates or any person employed by the licensee works for a credit reporting company;

(d) Representing the amount the borrower owes;

(e) Representing the nature and character of any forms sent to the borrower in order to collect a debt;

(f) Indicating that the borrower will be arrested if the debt isn't paid;

(g) Using a company name;

(h) Indicating that the licensee will seize, garnish, attach, or sell a borrower's property or wages unless the licensee is permitted by law to take the action and the licensee intends to do so;

(i) Indicating that legal action will be taken against the borrower, if doing so would be illegal or if the licensee does not intend to take the action;

(3) Give false credit information about the borrower to anyone, including a credit reporting company;

(4) Attempt to collect any interest, fee, or other charge on top of the amount a borrower owes unless the contract that created the debt or state law allows the charge;

(5) Deposit a post-dated check early; or

(6) Take or threaten to take the borrower's property unless it can be done legally.
Source: SL 2015, ch 242, § 6.