South Dakota Deceptive Trade Practices Laws

South Dakota has not adopted the Uniform Deceptive Trade Practices Act.  The state deals with deceptive trade practices under South Dakota Codified Laws, Title 37 (Trade Regulation) Chapter 24 ‘Consumer Protection – Deceptive Trade Practices.’

Section 37-24-6 of the Chapter classifies false and fraudulent advertising as a deceptive act or practice and therefore prohibited.  Under Section 37-24-23, the Attorney General may bring an action in the name of the state against any person, who is using, has used or is about to use any act or practice declared to be unlawful by this Chapter, to restrain such act or practice by temporary or permanent injunction.  By the authority of Section 37-24-31, actual damages suffered can be recovered in a civil action brought by any person who has been adversely affected by any act or practice declared to be unlawful by this Chapter.  The court may also make an additional order of restitution under Section 37-24-29.

Under Section 37-24-27, upon a petition by the Attorney General, a civil penalty not exceeding $2000 per violation will be imposed if the court finds that the use of unlawful deceptive trade practice is or was intentional.

Section 32-15-33 prohibits any person from disconnecting, resetting or altering the odometer of any motor vehicle.  Persons violating this Section are guilty of a Class 1 misdemeanor.  Any second or subsequent violator will be guilty of a Class 6 felony.

S.D. Codified Laws § 37-24-6

It is a deceptive act or practice for any person to:
(1) Knowingly and intentionally act, use, or employ any deceptive act or practice, fraud, false pretense, false promises, or misrepresentation or to conceal, suppress, or omit any material fact in connection with the sale or advertisement of any merchandise, regardless of whether any person has in fact been mislead, deceived, or damaged thereby;
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S.D. Codified Laws § 37-24-23

Whenever the attorney general has reason to believe that any person is using, has used, or is about to use any act or practice declared to be unlawful by § 37-24-6 and that proceedings would be in the public interest, he may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of such act or practice, upon the giving of appropriate notice to that person. The notice must state generally the relief sought and be served in accordance with § 37-24-16 and at lease three days before any hearing in the action.

S.D. Codified Laws § 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 as a result of such act or practice.

S.D. Codified Laws § 37-24-28

For the purposes of §§ 37-24-26 and 37-24-27, the court issuing an injunction shall retain jurisdiction, and the cause shall be continued.

S.D. Codified Laws § 37-24-27

In any action brought under § 37-24-23, if the court finds that a person is intentionally using or has intentionally used an act or practice declared to be unlawful by § 37-24-6, 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. For purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that his conduct was a violation of § 37-24-6.

S.D. Codified Laws § 37-24-29

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which the court finds to have been acquired by means of any act or practice declared to be unlawful by § 37-24-6. Such additional relief may include the appointment of a receiver whenever it shall appear to the satisfaction of the court that the defendant threatens or is about to remove, conceal, or dispose of his property to the damage of persons to whom restoration would be made under this section.

S.D. Codified Laws § 32-15-33

Disconnecting, resetting or altering odometer — Notice of mileage change — Penalties
No person may disconnect, reset or alter, or cause to be disconnected, reset or altered, the odometer of any motor vehicle. This section does not apply to any person repairing or replacing an odometer. However, if the indicated mileage is changed, a notice shall be permanently attached to the left front door frame of the vehicle. A person violating this section is guilty of a Class 1 misdemeanor. A person violating this section for a second or subsequent time is guilty of a Class 6 felony.


Inside South Dakota Deceptive Trade Practices Laws