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

South Dakota Statutes

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

South Dakota·Title 54 DEBTOR AND CREDITOR·Ch. 54-3A MONEY LENDING LICENSES

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)

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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).

South Dakota § 54-4-77 (Debt collection--Prohibitions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.