{"data":{"id":"us-sd/sdcl-54-4-77","jurisdiction":"us-sd","citation":"SDCL § 54-4-77","heading":"Debt collection--Prohibitions.","body":"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:\n(1) Harass, oppress, or abuse a borrower by:\n(a) Using any threat of violence or harm;\n(b) Publishing a list of names of borrowers who refuse to pay their debts absent providing such information to credit reporting companies;\n(c) Using obscene or profane language; or\n(d) Repeatedly using the phone with the intent to annoy borrowers;\n(2) Use any false statement when attempting to collect a debt by falsely:\n(a) Claiming to be an attorney or government representative;\n(b) Claiming that the borrower has committed a crime;\n(c) Representing that the licensee operates or any person employed by the licensee works for a credit reporting company;\n(d) Representing the amount the borrower owes;\n(e) Representing the nature and character of any forms sent to the borrower in order to collect a debt;\n(f) Indicating that the borrower will be arrested if the debt isn't paid;\n(g) Using a company name;\n(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;\n(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;\n(3) Give false credit information about the borrower to anyone, including a credit reporting company;\n(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;\n(5) Deposit a post-dated check early;\n(6) Take or threaten to take the borrower's property unless it can be done legally; or\n(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).","path":["TITLE 54. DEBTOR AND CREDITOR","CHAPTER 54-4. MONEY LENDING LICENSES"],"source_url":"https://sdlegislature.gov/Statutes/54-4-77","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"bb1aad730f0a0bf85427a778c3fe854da4e7079ac7a2f59651ffac5677f4999b","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-54-4-76","next":"us-sd/sdcl-54-4-77.1"},"notice":"GroundRules: Original legal text. Not legal advice."}