South Dakota: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Any person who claims to have been adversely affected by any act or a practice declared to be unlawful by § 37-24-6 shall be permitted to bring a civil action for the recovery of actual damages suffered as a result of such act or practice.

37-24-31

Any person who claims to have been adversely affected by any act or a practice declared to be unlawful by § 37-24-6 shall be permitted to bring a civil action for the recovery of actual damages suffered

Actual damages

Recovery for the loss a person actually suffered.

recovery of actual damages suffered as a result of such act or practice

37-24-31

shall be permitted to bring a civil action for the recovery of actual damages suffered as a result of such act or practice

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Not found in the statute text reviewed

Attorney fees

Rules for recovering the cost of legal representation.

The attorney general, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs.

37-24-23

The attorney general, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs.

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

No action under this chapter may be brought more than four years after the occurrence or discovery of the conduct which is the subject of the action.

37-24-33

No action under this chapter may be brought more than four years after the occurrence or discovery of the conduct which is the subject of the action.

Injunctive relief

Court orders requiring conduct to stop or change.

the attorney general may bring an action in the name of the state against the person to restrain by temporary or permanent injunction the use of the act or practice

37-24-23

the attorney general may bring an action in the name of the state against the person to restrain by temporary or permanent injunction the use of the act or practice

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

a civil penalty of not more than two thousand dollars per violation

37-24-27

the attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than two thousand dollars per violation