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

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

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).

Source: SL 2015, ch 242, § 6; SL 2020, ch 171, § 5.