South Dakota AG and CFPB Consumer Complaint Pack

CONSUMER COMPLAINT PACK — SOUTH DAKOTA AG + CFPB + FEDERAL AGENCIES

TABLE OF CONTENTS

1. Part A — South Dakota Attorney General Complaint
2. Part B — CFPB Complaint Narrative
3. Part C — Federal Trade Commission Report
4. Part D — Sector-Specific Federal Agencies
5. Part E — Document Inventory and Routing Slip
6. South Dakota Practice Notes
7. Sources and References

1. PART A — SOUTH DAKOTA ATTORNEY GENERAL COMPLAINT

[CONSUMER NAME]

[STREET ADDRESS]

[CITY], South Dakota [ZIP]**

[PHONE]

[EMAIL]

Date: [__/__/____]

To: South Dakota Attorney General

Division of Consumer Protection

1302 E. Highway 14

Pierre, SD 57501

(605) 773-4400 / (800) 300-1986 (in-state)

[email protected]

https://consumer.sd.gov/

Re: Consumer Complaint Against [BUSINESS / RESPONDENT NAME]

A.1. CONSUMER INFORMATION

A.2. RESPONDENT (BUSINESS) INFORMATION

A.3. TRANSACTION SUMMARY

A.4. STATEMENT OF FACTS

A.4.1. On or about [DATE], I [describe how the transaction or contact began].

A.4.2. [Continue with a chronological, fact-based narrative. Use short numbered paragraphs. Avoid argument or legal conclusions.]

A.4.3. [Identify the specific deceptive act or unfair practice — e.g., misrepresentation of price, undisclosed fees, bait-and-switch, failure to honor a three-day right to cancel under SDCL ch. 37-24, unauthorized charges, refusal to refund, false advertising.]

A.4.4. As a result, I have suffered actual damages of $[AMOUNT].

A.4.5. I attempted to resolve the matter directly with [BUSINESS] by [describe — phone calls on dates, written demand on date]. The response was [describe].

A.5. RESOLUTION REQUESTED

I respectfully request that the South Dakota Attorney General's Division of Consumer Protection:

• ☐ Mediate this dispute and assist in obtaining a refund of $[AMOUNT];
• ☐ Investigate the business for possible violations of SDCL ch. 37-24;
• ☐ Refer the matter for civil enforcement under SDCL §§ 37-24-23, 37-24-27, and 37-24-29 if warranted;
• ☐ Coordinate with the CFPB / FTC / [OTHER AGENCY];
• ☐ Maintain this complaint in the public record and Consumer Sentinel Network for pattern detection.

A.6. AUTHORIZATION AND CERTIFICATION

I authorize the South Dakota Attorney General's Office to (a) share this complaint and supporting documents with the named respondent; (b) share this complaint with other state and federal agencies; and (c) use this complaint in any administrative or judicial proceeding.

I certify that the foregoing statements are true and correct to the best of my knowledge.

[________________________________]

[CONSUMER NAME]

Date: [__/__/____]

A.7. ENCLOSURES

• ☐ Copy of contract or written agreement
• ☐ Copies of receipts, invoices, billing statements
• ☐ Copies of correspondence with the business (letters, emails, text messages)
• ☐ Copies of advertisements or website screenshots
• ☐ Copy of canceled check, credit-card statement, or bank record
• ☐ Copy of warranty or service agreement
• ☐ Other: [DESCRIBE]

2. PART B — CFPB COMPLAINT NARRATIVE

B.1. PRODUCT AND ISSUE SELECTION

When prompted by the CFPB portal, select the product and issue that most closely match the conduct:

• Debt collection — for FDCPA violations
• Credit reporting, credit repair services, or other personal consumer reports — for FCRA disputes
• Mortgage — for RESPA / loan-servicing complaints
• Credit card or prepaid card — for billing-error or rewards disputes
• Checking or savings account — for EFTA / Reg E disputes
• Vehicle loan or lease — for auto-finance complaints
• Payday loan, title loan, personal loan, or advance — for short-term lending
• Money transfer, virtual currency, or money service — for Reg E / cross-border transfer claims
• Student loan

B.2. CONSUMER STATEMENT — "WHAT HAPPENED?"

I, [CONSUMER NAME], a resident of [CITY], South Dakota, file this complaint against [RESPONDENT] for conduct that I believe violates [FDCPA / FCRA / TILA / RESPA / EFTA / UDAAP under 12 U.S.C. § 5536].

Background. [Describe the underlying account or transaction in 2-3 sentences.]

The conduct at issue. [Describe each violative act with dates, channel, and content. Use bullets where helpful.]

• On [DATE], the company [did X].
• On [DATE], the company [did Y].
• On [DATE], after I sent a written dispute, the company [did Z].

Harm. I have suffered [describe — out-of-pocket loss of $X, damaged credit, emotional distress, lost time] as a direct result of this conduct.

Resolution sought. I request that the company (a) [cease the conduct], (b) [correct the credit reporting / refund the disputed amount / provide validation / honor the contract], and (c) [provide a written explanation].

State law overlay. I have also filed a parallel complaint with the South Dakota Attorney General — Division of Consumer Protection, citing SDCL ch. 37-24.

B.3. SUBMITTING ATTACHMENTS

The CFPB portal accepts up to 50 MB of attachments per complaint (PDF, JPG, PNG, DOCX). Redact full SSN, full account numbers, and government IDs before uploading; the CFPB shares attachments with the responding company.

B.4. EXPECTED TIMELINE

• Day 0: Consumer submits complaint.
• Day 1-15: CFPB forwards complaint to responding company.
• Day 15: Company should provide initial response.
• Day 60: Company should provide final response.
• Day 60+: Consumer may dispute the company's response and request additional review.

3. PART C — FEDERAL TRADE COMMISSION REPORT

C.1. WHEN TO USE

File an FTC report when the conduct involves:

• Telemarketing fraud, robocalls, or Do-Not-Call Registry violations
• Imposter scams (government, business, romance, tech support)
• Online shopping fraud
• False advertising or deceptive marketing under 15 U.S.C. § 45
• Pyramid schemes (also reportable under SDCL ch. 37-33)
• Identity theft (file at IdentityTheft.gov instead of reportfraud.ftc.gov)

C.2. INFORMATION TO INCLUDE

• The respondent's full business name, address, phone, and website
• The medium of contact (call, text, email, website, in-person)
• A short narrative of the scheme
• Loss amount and method of payment
• Whether you have already contacted the respondent

4. PART D — SECTOR-SPECIFIC FEDERAL AGENCIES

5. PART E — DOCUMENT INVENTORY AND ROUTING SLIP

Mailing record (SD AG).

• Sent: [__/__/____] via ☐ U.S. Certified Mail RRR ☐ Email ☐ Online portal
• Tracking / Reference No.: [________________________________]

CFPB submission.

• Submitted: [__/__/____] at https://www.consumerfinance.gov/complaint/
• CFPB Case No.: [________________________________]

FTC submission.

• Submitted: [__/__/____] at https://reportfraud.ftc.gov/ or https://www.identitytheft.gov/
• FTC Reference No.: [________________________________]

6. SOUTH DAKOTA PRACTICE NOTES

• SD AG — Division of Consumer Protection role. The Division mediates consumer complaints, issues consumer-protection guidance, and may bring civil enforcement actions under SDCL ch. 37-24. It does NOT represent individual consumers in court and cannot recover individual damages on a consumer's behalf.
• AG investigative authority. SDCL § 37-24-11 gives the AG authority to investigate suspected deceptive practices, including subpoena power over witnesses and documents. SDCL § 37-24-23 authorizes cease-and-desist orders. SDCL § 37-24-27 authorizes injunctive enforcement actions in circuit court. SDCL § 37-24-29 authorizes civil penalties of up to $2,000 per violation payable to the State (verify current cap).
• Private right of action. SDCL § 37-24-31 provides a private right of action for any person "adversely affected" by a violation of SDCL § 37-24-6. The remedy is actual damages and reasonable attorney fees and costs — there is no treble, double, or punitive multiplier on the private right.
• Brookings Mall narrow scope. Brookings Mall, Inc. v. Cpt. Ahab's, Ltd., 300 N.W.2d 259 (S.D. 1980), confirms that SDCL ch. 37-24 reaches only the practices specifically enumerated in SDCL § 37-24-6. Tie any DTPA theory to a specific subsection.
• Statute of limitations. SD DTPA: FOUR (4) years (SDCL § 37-24-33). FDCPA: ONE (1) year (15 U.S.C. § 1692k(d)). FCRA: TWO (2) years from discovery, FIVE (5) years outside (15 U.S.C. § 1681p). Filing administrative complaints does NOT toll these deadlines.
• Three-day right to cancel. SDCL §§ 37-24-5.1 to 37-24-5.7 (Door-to-Door Sales) gives consumers three business days to cancel certain home-solicitation sales; the seller must give written notice of this right.
• Data-breach reporting. SDCL §§ 22-40-19 to 22-40-26 (Notification of Risk to Personal Data Act) require information holders to (a) notify affected residents within 60 days of discovery, (b) notify the SD AG of breaches affecting more than 250 residents (SDCL § 22-40-22), and (c) notify nationwide CRAs when more than 250 residents are affected. Non-compliance is enforceable as a deceptive act under SDCL ch. 37-24.
• CFPB jurisdiction. The CFPB has UDAAP authority over "covered persons" offering consumer financial products or services (12 U.S.C. § 5536) and enforces enumerated consumer-financial statutes (FDCPA, FCRA, TILA, RESPA, EFTA, ECOA). The CFPB does not regulate ordinary retail sales of goods or non-financial services — those go to the FTC and SD AG.
• Consumer Sentinel. Both CFPB and FTC complaints are accessible to state AGs through the Consumer Sentinel Network. Filing once with the CFPB or FTC therefore reaches the SD AG indirectly, but a parallel direct filing with the SD AG is recommended to invoke state-level mediation.
• Recordkeeping. Retain originals of all evidentiary documents. Submit copies — never originals — to administrative agencies. Mail by U.S. Certified Mail Return Receipt Requested, or use the agency's online portal and download the confirmation page.
• No retaliation tolling. Filing administrative complaints provides no automatic protection against private litigation by the respondent (e.g., a debt collection lawsuit), but a documented complaint can support FDCPA or SD DTPA defenses and counterclaims.

7. SOURCES AND REFERENCES

• South Dakota Attorney General — Division of Consumer Protection — https://consumer.sd.gov/
• SD Consumer Protection Complaint Form — https://consumer.sd.gov/docs/Consumer%20Complaint%20Form.pdf
• South Dakota Deceptive Trade Practices Act, SDCL ch. 37-24 — https://sdlegislature.gov/Statutes/37-24
• SDCL § 37-24-6 (deceptive acts or practices) — https://sdlegislature.gov/Statutes/37-24-6
• SDCL § 37-24-31 (private right of action) — https://sdlegislature.gov/Statutes/37-24-31
• SDCL § 37-24-33 (limitation of actions) — https://sdlegislature.gov/Statutes/37-24-33
• SDCL §§ 22-40-19 to 22-40-26 (Notification of Risk to Personal Data Act) — https://sdlegislature.gov/Statutes/22-40
• Brookings Mall, Inc. v. Cpt. Ahab's, Ltd., 300 N.W.2d 259 (S.D. 1980) — https://www.courtlistener.com/opinion/2056381/brookings-mall-inc-v-cpt-ahabs-ltd/
• Consumer Financial Protection Bureau — Submit a Complaint — https://www.consumerfinance.gov/complaint/
• CFPB Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• 12 U.S.C. § 5536 (UDAAP) — https://www.law.cornell.edu/uscode/text/12/5536
• Federal Trade Commission — Report Fraud — https://reportfraud.ftc.gov/
• FTC IdentityTheft.gov — https://www.identitytheft.gov/
• OCC — HelpWithMyBank — https://helpwithmybank.gov/
• NCUA — Consumer Assistance Center — https://www.mycreditunion.gov/consumer-assistance-center
• FDIC — Consumer Assistance — https://ask.fdic.gov/
• SEC — Tips, Complaints, Referrals — https://www.sec.gov/tcr
• FINRA — File a Complaint — https://www.finra.org/investors/file-complaint
• South Dakota Division of Insurance — https://dlr.sd.gov/insurance/
• South Dakota Division of Banking — https://dlr.sd.gov/banking/
• South Dakota Division of Securities — https://dlr.sd.gov/securities/
• HUD — File a Fair Housing Complaint — https://www.hud.gov/program_offices/fair_housing_equal_opp
• DOL EBSA — https://www.askebsa.dol.gov/
• FCC — Consumer Complaint Center — https://consumercomplaints.fcc.gov/
• NHTSA — Report a Safety Problem — https://www.nhtsa.gov/report-a-safety-problem

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Filing administrative complaints does not create attorney-client privilege, does not toll private statutes of limitations, and does not substitute for civil or criminal litigation when warranted. An attorney licensed in South Dakota should review this packet before filing.