How do I determine if a debt collector is in violation of state collection laws?
Determining whether a debt collector is in violation of collection laws in South Dakota can be a complex process. In general, a debt collector may be in violation of South Dakota collection laws if they do not adhere to the state’s Fair Debt Collection Practices Act. This act regulates how debt collectors can interact with consumers when attempting to collect a debt. For example, debt collectors may not contact consumers late at night or make false statements about the amount owed or the status of the debt. They also cannot harass consumers or threaten to take legal action if it is not warranted. In addition, debt collectors are not allowed to contact third parties about the consumer’s debt and must identify themselves as debt collectors when communicating with consumers. In order to determine if a debt collector is in violation of collection laws in South Dakota, consumers can review the state’s Fair Debt Collection Practices Act and compare it to the actions of the debt collector. If the debt collector is engaged in any prohibited practices, the consumer can file a complaint with the South Dakota Attorney General’s office. The Attorney General’s office can then investigate the debt collector to determine if they are in violation of South Dakota collection laws.
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