DisputeKit / South Dakota
What to do when a company in South Dakota won't give you a refund
Send a written demand for a refund 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.
The law that may apply
If your order never arrived: Under the FTC Mail, Internet, or Telephone Order Merchandise Rule, a seller that cannot ship within the promised time (or within 30 days if no time was stated) must offer the buyer the option to cancel and receive a prompt refund.
South Dakota law (SDCL 37-24-6) makes it a deceptive act or practice to knowingly use any deceptive act or practice, false pretense, false promise or misrepresentation, or to conceal, suppress or omit any material fact, in connection with the sale or advertisement of any merchandise.
How to escalate
If the seller doesn't respond, you can dispute the charge with your card issuer, file a complaint with the South Dakota Attorney General, Division of Consumer Protection, or file in small claims court (limit $12,000 in small claims court, not counting allowable costs or attorney fees).
Steps
- Gather your receipt and order details
- Send a written refund demand with a deadline
- Dispute the charge with your card issuer if needed
- File a consumer complaint or small claims case
Common questions
How long do I have to dispute a credit card charge?
If you paid by credit card: 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. Debit cards, bank transfers and payment apps have their own rules; ask your bank or provider.
Should I send a letter before disputing the charge?
A written demand helps, because card issuers and courts look for proof you tried to resolve it. Don't let the letter delay a card dispute if your window is closing.
Can I cite the FTC click-to-cancel rule?
No. The FTC's 2024 click-to-cancel rule was vacated in court. DisputeKit only cites laws currently in force.