South Dakota Scam and Fraud Laws: Where to Report, Right to Sue (2026)

South Dakota's consumer protection law gives anyone "adversely affected" by a deceptive practice the act prohibits a right to sue, but the remedy is narrow: actual damages only. Section 37-24-31 of the South Dakota Codified Laws has no multiplier, no minimum award and no attorney's fee clause, and the deception must have been knowing and "in connection with the sale or advertisement of any merchandise" (or a charitable solicitation). You have four years from the conduct or its discovery to file.

South Dakota is also one of the states with a crypto ATM law in force. Since July 1, 2026, a licensed kiosk operator must give a fraud victim a full refund, including fees, if the victim tells the operator about all the fraudulent transactions within 90 days after the last fraud (or after becoming aware of it) and, within 120 days after contacting the operator, submits a police report, government agency report or sworn statement detailing the fraud. Scam complaints go to the Attorney General's Division of Consumer Protection, whose investigators may mediate with a business but do not act as your lawyer.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers South Dakota state law: the deceptive trade practices chapter (SDCL chapter 37-24), the telemarketing chapter (37-30A), South Dakota complaint offices, protections for older and disabled adults, the 2026 crypto kiosk law, and South Dakota deadlines for suing. Federal refund and reporting rights are summarized briefly and covered in depth on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in South Dakota

Call the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away. That company is usually the only one that can stop or reverse a payment, and your federal rights depend on how you paid. Our guide on how to get money back after a scam goes through each payment method, and the Zelle and payment app guide covers app transfers.

Then report the scam. Most scams go to the FTC at ReportFraud.ftc.gov (in Spanish, ReporteFraude.ftc.gov) and online crime to the FBI's IC3; our where to report a scam guide lists the federal channels. The South Dakota offices below are in addition to those, not instead of them. If you paid at a crypto ATM, contact the kiosk operator quickly too: South Dakota's refund rule has deadlines that start running when the fraud ends or when you become aware of it.

Where to report a scam in South Dakota

Be realistic about what an Attorney General complaint does. The office's complaint page says: "The Division of Consumer Protection may begin an investigation or mediation between you and the business." It also says: "Complaints may require private legal action by the consumer." Its investigators describe their job as helping "mediate and find a resolution to your consumer complaints." That can work well against a real business. It does little against an anonymous scammer, and it is not a refund claim against your bank.

The Securities Regulation office is blunter about its limits:

"The Division cannot act as a court of law. We cannot order that your investment be returned or that the violator pay damages to you. In some instances restitution is made to investors as a result of the Division's investigation or action, but, do not rely on the division to get your money back for you."

For investment and crypto pitches in general, see our crypto and investment scams guide.

South Dakota's consumer protection law: can you sue?

Sometimes, and the remedy is modest. The private lawsuit right is a single sentence in SDCL 37-24-31, unchanged since 1971:

"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."

Who can sue

The right is not limited to a defined "consumer." It belongs to any "person" who was adversely affected, and the act defines person broadly to include individuals and businesses. The limit comes from what the practice must be. Section 37-24-6(1) makes it a deceptive act to:

"Knowingly 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 or the solicitation of contributions for charitable purposes, regardless of whether any person has in fact been misled, deceived, or damaged thereby"

Two words in that passage decide most scam cases. "Knowingly" means you must prove the defendant knew; South Dakota's presumption that a violation was knowing (SDCL 37-24-8) expressly does not apply to private actions under 37-24-31. And "in connection with the sale or advertisement of any merchandise" ties the claim to a sale or an offer of goods, services or other merchandise. A fake online store, a bogus contractor or a deceptive seller fits that description. A scammer who impersonated your bank or a government agency and simply asked you to move money may not, and the text alone does not settle it; we have not reviewed South Dakota case law on the point. A South Dakota lawyer can tell you whether your facts fit.

Section 37-24-6 also lists specific deceptive acts, including sending invoices for unordered property (relevant to fake invoice scams), pyramid-type schemes, and causing "misleading information to be transmitted to users of caller identification technologies" or otherwise misrepresenting the origin of a telephone solicitation. The same section makes a violation a crime: a Class 1 misdemeanor under $1,000, a Class 6 felony over $1,000 and under $100,000, and a Class 5 felony over $100,000.

What you can recover

Actual damages: the money you lost as a result of the practice. Section 37-24-31 provides no multiplier, no minimum award and no punitive damages, and the statute itself provides no attorney's fee award to a victim who sues. The chapter mentions fees only for the Attorney General, who "if the prevailing plaintiff, may also recover reasonable attorney's fees and costs" (SDCL 37-24-23). In practice, that means a lawyer's fees can eat much of a small recovery, which is one reason small claims court (below) matters in South Dakota.

The private right does not replace other claims. Section 37-24-32 says it "shall in no way affect causes of action arising under other laws of this state or under the common law," so a common-law fraud claim remains available alongside it.

The deadline and notice

SDCL 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." Neither section 37-24-31 nor section 37-24-33 requires a demand letter or pre-suit notice.

What the Attorney General can do instead

In its own case, the Attorney General can ask a court to stop a practice, seek a civil penalty of up to $2,000 per intentional violation (SDCL 37-24-27), and ask the court to restore "to any person in interest any moneys or property" taken by an unlawful practice (SDCL 37-24-29). The civil penalty is an enforcement penalty in the state's case, not money paid to you; restoration is the part that can reach victims, and it depends on the state bringing and winning a case.

Telemarketing calls and texts: a stronger remedy

South Dakota's telemarketing chapter carries a better remedy than the general act. SDCL 37-30A-3 bars a telemarketer from unfair or deceptive telephone solicitation, from calling before 9 a.m., after 9 p.m. or on Sunday, from harassing calls, and from causing misleading caller ID information. Under SDCL 37-30A-14:

"Any consumer who claims to have been adversely affected by any act or practice declared to be unlawful by this chapter may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of a willful act or practice. In addition, the consumer may collect the court costs and attorney fees"

The conditions matter. The act must be willful, and the caller must be a "telemarketer" as the chapter defines it: someone who, by phone, text or postcard, initiates the sale, lease or rental of consumer goods or services, or offers gifts or prizes with the intent to sell (501(c)(3) charities are excluded). A caller who is selling something fits. Whether an impostor who never offered to sell anything counts as a telemarketer is not settled by the text we reviewed. For federal robocall rights, see our phishing, smishing and vishing guide.

Protections for older adults in South Dakota

The exploitation crime reaches caretakers. SDCL 22-46-3, theft by exploitation, applies to a person who has assumed a duty to provide for the support of an elder (65 or older) or an adult with a disability, voluntarily, by contract, by receipt of payment for care or by court order, and who, "having been entrusted with the property" of that person, appropriates it with intent to defraud. It is punished as theft. A stranger who talks an older person out of money is not covered by that section.

Theft by deception covers strangers. SDCL 22-30A-3 says: "Any person who obtains property of another by deception is guilty of theft." Under SDCL 22-30A-17 the grade rises with the amount: a Class 6 felony over $1,000 to $2,500, Class 5 over $2,500 to $5,000, Class 4 over $5,000 to $100,000, and Class 3 over $100,000 to $500,000. Amounts taken under "one scheme or course of conduct," from one person or several, may be added together (SDCL 22-30A-18).

A protection order for exploitation by someone in a position of trust. South Dakota's vulnerable adult protection order law (SDCL chapter 21-65) can direct a person to stop controlling a vulnerable adult's money, return custody or control of the funds, and stop transfers. It applies to financial exploitation "committed by a person who stands in a position of trust or confidence," such as a relative, a caretaker or someone in a confidential relationship with the adult. A vulnerable adult is a person 65 or older who is unable to protect himself or herself because of age or a mental or physical condition, or an adult with a disability. This tool does not reach an anonymous scammer.

Who must report. Under SDCL 22-46-9, physicians, nurses, social workers and other health professionals, psychologists and counselors, and state, county or municipal criminal justice employees and law enforcement officers who suspect abuse, neglect or exploitation must report it within 24 hours to the county state's attorney, the Department of Human Services or law enforcement. A knowing failure to report is a Class 1 misdemeanor. Banks are not on that list. Anyone else who knows or has reason to suspect exploitation may report (SDCL 22-46-11).

What banks do. A bank that files a federal suspicious activity report may also share that information with state or local law enforcement and is immune for doing so (SDCL 37-24-57), and financial institutions must cooperate with investigators and comply with reasonable requests for financial records in exploitation cases (SDCL 37-24-58).

A 2026 law on holding suspicious transactions. House Bill 1238, enacted in 2026 as a new chapter 51A-19, lets a bank, savings bank, savings and loan, credit union or trust company that reasonably believes financial exploitation of a senior adult (65 or older), a vulnerable adult or a consenting adult may have occurred, been attempted, or is occurring "delay or refuse a transaction" or a withdrawal. Key points from the enacted text:

1. The institution is not required to act; it "may use discretion."
2. The authority ends at the earliest of 30 business days after the institution first acted, when it is satisfied the transaction will not result in exploitation, or a court order. The institution may extend it if it reasonably believes the exploitation may continue.
3. It may notify a third party reasonably associated with the adult, but need not notify someone it suspects.
4. It is immune from liability both for delaying or refusing and for not doing so.

The law was signed March 12, 2026, and does not set its own effective date, so under SDCL 2-14-16 it took effect July 1, 2026. Ask the bank whether it is using this authority. If you are worried about a parent who is about to send money to a scammer, telling the bank or credit union directly is still the fastest step. For a fuller walkthrough, see our elder fraud guide.

For fraud against anyone 60 or older, the federal DOJ National Elder Fraud Hotline (833-372-8311) can help you report at the federal, state and local levels.

South Dakota scam laws on the books

Crypto ATMs (virtual currency kiosks), in force since July 1, 2026

Senate Bill 98, "An Act to prevent virtual currency kiosk fraud" (Session Laws 2026, chapter 193, codified as SDCL chapter 51A-18), was signed March 11, 2026, and a Division of Banking memo stated it would become effective July 1, 2026. Every kiosk operator in South Dakota must be licensed under SDCL chapter 51A-17. The law requires:

• A full refund to fraud victims (SDCL 51A-18-7). A licensee "shall issue a full refund" to a user who is the victim of a fraudulent transaction at one of its kiosks, if the user meets two conditions:

"(2) Within ninety days after the last occurrence of fraud or of becoming aware of the fraud, informs the licensee of all fraudulent transactions at issue; and (3) Within one hundred twenty days after contacting the licensee, submits to the licensee a copy of any police report or government agency report or a sworn statement detailing all known fraudulent activity."

Once the user satisfies all the conditions, the licensee must issue the refund within 72 hours, "including all charges paid by the user in connection with the fraudulent transaction." Charges include fees plus any markup over the market price of the currency. The refund is not limited to your first transaction or to new customers, and acknowledging the kiosk's fraud warning does not affect your eligibility.

• Transaction limits (SDCL 51A-18-8). No more than $1,000 per user per day and $10,000 per user in any 30 days.
• A charge cap (SDCL 51A-18-9). Charges may not exceed 25 percent of the transaction amount.
• A fraud warning (SDCL 51A-18-6) stating "This technology may be used to defraud a user," and telling anyone sent to the kiosk by a friend or family member, a government agent, a computer software representative, a bill collector, a law enforcement officer or anyone not known personally to stop the transaction and notify local law enforcement and the operator.
• Live customer service from 8:00 a.m. to 10:00 p.m. local time, with a toll-free number on the kiosk (SDCL 51A-18-10).

What to do: tell the operator about every fraudulent transaction, in writing, as soon as you can, and keep a copy. File a police report early so you can send it to the operator within the 120 days. If an operator does not pay, report it to the Division of Banking, which regulates kiosk operators. The law took effect July 1, 2026; if your kiosk loss happened earlier, ask the operator and the Division of Banking whether the refund rule applies to it.

Door-to-door sales

The Attorney General says: "You have three (3) days to cancel purchases made in your home or place other than the place of business of the seller." The office adds that the rule "does not cover purchases under $25.00, items purchased at home parties, or purchases that began in the seller's place of business," and that the seller then "has ten (10) days to refund your money."

Caller ID spoofing

Both SDCL 37-24-6(16) and SDCL 37-30A-3(4) prohibit causing misleading information to be transmitted to caller ID users, as described above.

Suing a scammer or a business in South Dakota

Small claims. South Dakota's court system says "The limit set by the law for small claims actions is $12,000 or less," citing SDCL 16-12C-13 (the small claims chapter's own cap is in SDCL 15-39-45.1), and suggests checking the current maximum with the clerk of court because the limit may change. Exemplary or punitive damages may not be awarded in small claims except where a few specific statutes allow them (SDCL 15-39-45).

Deadlines.

• A claim under the consumer protection chapter: four years after the occurrence or discovery of the conduct (SDCL 37-24-33).
• Fraud: SDCL 15-2-13(6) gives six years after the cause of action accrues for "an action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery." The statute's text does not say whether the clock waits until you discover the fraud, so do not count on extra time; ask a South Dakota lawyer how it applies to your dates.

More civil deadlines are on our South Dakota statute of limitations page.

Who you can actually reach. A lawsuit needs a defendant you can name, serve and collect from. That often works against a South Dakota business, a contractor or a seller with a real address. A scammer hiding behind a fake name, a spoofed number or an overseas account is usually not reachable through a South Dakota court, and a judgment against someone who cannot be found pays nothing. In those cases the payment company, the kiosk refund rule if it applies, a quick police report and protecting your identity are where your effort pays off. Our guide on when a lawyer helps after a scam explains when hiring one makes sense.

Related guides

• Scams and fraud: your rights and where to start
• How to get money back after a scam
• Where to report a scam
• Elder fraud
• Crypto and investment scams
• What to do when a scammer has your information
• South Dakota identity theft laws
• South Dakota debt collection laws
• South Dakota statute of limitations

Last updated: October 2, 2026.

This article is general legal information, not legal advice. For your specific situation, contact your payment company, the South Dakota office named above, or a lawyer licensed in South Dakota.

Frequently Asked Questions

Can I sue a scammer in South Dakota?

Possibly, if you can identify and serve them and the scam was a knowing deception in connection with the sale or advertisement of merchandise or a charitable solicitation. SDCL 37-24-31 then lets anyone adversely affected sue for actual damages only, with no multiplier and no attorney's fee award in the statute, within four years (37-24-33), but an anonymous or overseas scammer is usually not reachable through a South Dakota court.

Does South Dakota's consumer protection law award triple damages or attorney's fees?

No. SDCL 37-24-31 provides actual damages only, with no multiplier or minimum, and the statute itself provides no attorney's fee award to a victim who sues. The telemarketing chapter is different: for a willful violation by a telemarketer, SDCL 37-30A-14 allows twice actual damages or $500, whichever is greater, plus court costs and attorney fees.

How long do I have to sue under the South Dakota consumer protection act?

Four years after the occurrence or discovery of the conduct, under SDCL 37-24-33. The statute does not require a demand letter before you sue.

How do I report a scam in South Dakota?

File a complaint with the Attorney General's Division of Consumer Protection online at consumer.sd.gov, or call (605) 773-4400 or 1-800-300-1986 (in-state only). Report investment fraud to the Division of Insurance, Securities Regulation, and crypto ATM or money transmitter problems to the Division of Banking.

Will the South Dakota Attorney General get my money back?

Do not count on it. The office gives the business 20 days to reply and may investigate or mediate, but its complaint page says complaints may require private legal action by the consumer. Contact your payment company right away.

Can I get a refund after a crypto ATM scam in South Dakota?

Since July 1, 2026, yes, if you meet the conditions in SDCL 51A-18-7: tell the licensed kiosk operator about all fraudulent transactions within 90 days after the last fraud or after you became aware of it, then submit a police report, government agency report or sworn statement within 120 days after contacting the operator. The operator must then refund in full, including charges, within 72 hours.

What are the crypto ATM limits in South Dakota?

Kiosk operators must cap each user at $1,000 a day and $10,000 in any 30 days, and charges may not exceed 25 percent of the transaction (SDCL 51A-18-8 and 51A-18-9).

Can a South Dakota bank hold a transaction if it suspects elder fraud?

Yes. Since July 1, 2026, HB 1238 (chapter 51A-19) lets a bank or credit union delay or refuse a transaction for up to 30 business days, extendable, when it reasonably believes a senior or vulnerable adult is being financially exploited. The bank decides; it is not required to act.

Is it a crime to scam an elderly person in South Dakota?

Yes. A stranger who obtains property by deception can be charged with theft under SDCL 22-30A-3, graded by the amount taken. The separate theft by exploitation crime (SDCL 22-46-3) covers caretakers entrusted with an elder's or disabled adult's property.

What is the small claims limit in South Dakota?

$12,000 or less, according to South Dakota's Unified Judicial System (the small claims chapter's cap is in SDCL 15-39-45.1). Check the current limit with the clerk of court, and note that punitive damages generally are not available in small claims (SDCL 15-39-45).