The South Dakota legislature has apparently not enacted a significant supplementary state law to the federal Fair Debt Collection Practices Act of 1977 (15 USCA ยง 1692 et seq.). South Dakota is perceived as a creditor-friendly state due to its erasure of usury laws to attract credit card operations to its state. However, residents are still protected under federal law.
Click here to participate in the South Dakota Forum [1]
For more information on South Dakota debt collection law, click on the links below.
Links:- South Dakota Attorney General [2]
- SD AG Consumer Protection Division [3]
- South Dakota Courts [4]
Federal Law: Fair Debt Collection Practices Act (FDCPA)
The FDCPA is a federal law that provides residents of all states with considerable rights and protections against abusive, unfair and deceptive debt collection practices by debt collectors. Examples of debt collection practices prohibited by the FDCPA include using profane language, lying and calling a debtor at work if the debt collector knows the employer disapproves. The debt collector must also protect the debtor’s privacy by not disclosing the debt to others such as friends, family members or co-workers.
A debt collector, as defined in the FDCPA, is anyone who regularly collects debts on behalf of an original creditor. Original creditors, such as credit card companies and banks, are not considered debt collectors when they attempt to collect debts owed directly to them. Therefore, original creditors are not covered under the FDCPA.
The FDCPA covers only consumer debt, which includes personal, family and household debt, but not business debt or any debt incurred for business purposes. Common types of consumer debt are credit card debt, automobile loans, home loans, utility bills and medical debt.
For more information on the FDCPA, including what debt collectors can and cannot do and what you can do if you believe a debt collector violated your rights under the FDCPA, please visit our FDCPA information page [5].