Consumer Law in South Dakota
Do you need a consumer law attorney in South Dakota to fight for your rights and bring fraudsters to justice? We can match you with the right lawyer to help you reclaim your rights.
Common Types of Consumer Fraud in South Dakota
Consumer fraud primarily refers to deceptive practices that can cause customers in South Dakota to suffer financial, physical, or emotional injury. Fraudulent practices can also occur at the individual level, such as when someone falls victim to lottery scams. Consumer law refers to the regulations that define unlawful actions and how consumers can seek justice.
Sometimes, becoming a victim of consumer fraud in South Dakota can also lead to criminal charges against you. For instance, it can be strenuous to clear your name after you donate to a charitable organization involved with money laundering.
According to the Federal Trade Commission, top scams in South Dakota include IRS imposter scams, sweepstakes scams, debt collection scams, and credit card scams. For example, IRS imposter scams involve scammers pretending to be IRS officials and threatening to arrest or deport you if you don’t send them money. In addition, younger people reported losing money to fraud more often than older people. However, when people 70 years and older had a financial loss, the median loss was much higher.
Many people are embarrassed about falling for a scam, and they suffer in silence. But, speaking up can help to bring the persons responsible to justice. Even when it does not, it helps spread awareness and stop other consumers from falling victim to the same fate.
What Types of Fraud are in Consumer Law?
If you suffered damages because of consumer fraud in South Dakota, you might be able to file a lawsuit against the responsible parties. Taking a closer look at the most common types of consumer fraud found under consumer law can help you determine if you have a legitimate claim.
Identity Theft
This type of consumer fraud happens when a nefarious South Dakota company or individual steals your personal information. They might steal your bank account information, Social Security number, full name, or credit card numbers. One of the most common identity theft methods is data mining.
Once an individual has your personal information, they can open credit cards or make fraudulent charges on existing ones. Some thieves will even open utility accounts in your name as a way to prove residency. After they can accomplish this task, they have even more options to apply for loans or credit cards.
Sometimes identity thieves gain access to your bank account and drain all the funds that you have available. There are also reports of scams that access health insurance and place medical charges on the victim’s insurance. Proving that you are a victim of identity theft can be very complicated. Consequently, hiring a dedicated and experienced South Dakota consumer law fraud lawyer is essential to proving your innocence.
Fake Organizations
Fake charities are difficult to spot because they use similar techniques that legitimate ones rely on to raise funds. That’s why you need to understand where your money is going before you decide to donate to an organization. The same is true when investing or purchasing goods and services.
You can identify if any South Dakota organization is legitimate if they have registration in the state. Or, the IRS should verify their non-profit status. But, scammers can legitimately register an organization for illegal purposes. Take the time to research how your money gets used before investing in a business or donating to charity.
South Dakota’s Attorney General participated in the nationwide Operation False Charity, settling with the professional telemarketer Community Support, Inc. (CSI). CSI solicited funds from consumers in South Dakota on behalf of over 35 charitable clients. However, CSI kept as much as 90% of all donations, leaving just 10% for the charity.
The South Dakota case against CSI alleges that CSI had a pattern of consistently violating state laws over many years. In addition, callers falsely claimed to be law enforcement or firefighters. Also, they falsely claimed a person had made a pledge when they had not. CSI has agreed to cease all of the conduct via a stipulated judgment under the settlement.
When it comes to products and services, looking up customer reviews can help. The more reviews a product or service has, the more likely it is a legitimate organization. However, people can buy these illegally. Anyone can build a website or register an empty LLC in South Dakota.
Defective Products and Services
Legitimate South Dakota companies often create defective products and services. Some common issues are:
- Products that do not work as intended
- Products that have harmful design flaws
- Medications that do not mention all side effects
- Services that do not deliver on promises
Even when this is not intentional, consumers might become entitled to compensation for the damages caused. This circumstance is why we often hear of car manufacturers issuing recalls and repairs when they realize something has gone wrong.
In South Dakota, laws regarding defective products are covered under Liability for Torts statutes. For example, no manufacturer of a product may be held liable under certain circumstances. Specifically, this holds if the proximate cause of the injury was a modification of the product made under all of the following circumstances:
- The modification was made after the manufacture, assembly, or sale
- The modification altered the purpose of use from the original use or purpose
- It was not foreseeable by the manufacturer that the modification would be made, and render the product unsafe
Additionally, South Dakota’s statute of limitations for product liability actions is only three years.
South Dakota Consumer Protection Laws and How Consumer Law Works
The Federal Trade Commission Act of 1914 is arguably the most important consumer protection law in the United States. It establishes the Federal Trade Commission to protect consumers from deceptive business practices. It does this not just for individual cases, but also to target monopolies.
The FTC is responsible for conducting investigations, gathering complaints, and filing lawsuits to protect consumers. In addition to federal protections, state laws in address deceptive practices across various industries, including agriculture, real estate, food, and beverages. These laws also enforce regulations against false advertising and illegal debt collection practices.
Work With an Experienced South Dakota Consumer Law Attorney
Working with a consumer fraud attorney in South Dakota can help you understand your rights. The appropriate professional from our network of legal experts will help you understand the FTC guidelines. They will help you discover what types of complaints you can make against the organization that has committed fraud against you.
A qualified South Dakota consumer fraud attorney will also guide you through working with law enforcement. The goal is to bring the fraudulent business practices against other customers and yourself to light. Get help and file a claim against the entity that committed consumer fraud against you. We can even help you connect with an attorney across South Dakota state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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