South Dakota § 54-4-77 Debt collection--Prohibitions.

South Dakota Statutes

§ 54-4-77 — Debt collection--Prohibitions.

South Dakota § 54-4-77

Title 54DEBTOR AND CREDITOR

Ch. 54-3AMONEY LENDING LICENSES

This text of South Dakota § 54-4-77 (Debt collection--Prohibitions.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 54-4-77 (2026).

Text

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)

Free access — add to your briefcase to read the full text and ask questions with AI

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; (6) Take or threaten to take the borrower's property unless it can be done legally; or (7) Cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the identity of the caller or entity as described in subdivision 37-24-6 (16).