DisputeKit / States / South Dakota
Your consumer rights in South Dakota
What South Dakota and federal law say about getting a security deposit back, refunds and cancelling subscriptions, with the law cited and a sample letter for each.
Security deposits
21 days. Under South Dakota Codified Laws § 43-32-24, a landlord must return the security deposit or give the tenant a written statement showing the specific reason for withholding any part of it within 21 days. The clock starts when you move out and hand back possession of the unit. The 21 days only start once your landlord has your mailing address or delivery instructions. If they miss that deadline, they lose the right to keep any part of the deposit. A court may also award punitive damages of up to $200 if the landlord kept the deposit, or failed to provide the written statement or itemized accounting, in bad faith.
Refunds
If a company won't refund you, send a written demand with a clear deadline. If you paid by credit card, you may also be able to dispute the charge: Under the Fair Credit Billing Act, a billing-error dispute must reach the card issuer in writing within 60 days after the first statement showing the charge.
Subscriptions
South Dakota has no automatic-renewal statute. For subscriptions sold online, the federal Restore Online Shoppers' Confidence Act requires a simple way to stop recurring charges, and South Dakota's general consumer protection law applies.
Small claims and complaints in South Dakota
- South Dakota consumer law
- South Dakota Codified Laws § 37-24-6 (Deceptive Trade Practices and Consumer Protection)
- Where to file a complaint
- South Dakota Attorney General, Division of Consumer Protection
- Filing fee
- About $25 to $43 including postage, depending on the amount claimed (about $43 for claims of $4,000 to $12,000)