SD Deceptive Trade Practices Defense Against Private Operators
SDCL §37-24-6 prohibits deceptive practices including representations that suggest authority. Private parking operators in Sioux Falls and Rapid City (resort parking, downtown garages) often issue invoices that mimic government citations. Such practices violate SDCL §37-24-6 and create exposure to actual damages, attorney fees, and treble damages where willful (SDCL §37-24-31). Additionally, fees beyond actual damages are unenforceable penalty clauses under South Dakota contract law.
Legal basis
SDCL §37-24-1 through §37-24-31; common-law penalty doctrine; UCC Article 2
Sample appeal wording
TO: [PRIVATE OPERATOR] RE: Invoice #[NUMBER] - Notice of Dispute and SD Deceptive Trade Practices This letter constitutes formal notice that I dispute Invoice #[NUMBER]. Your invoice format and language create a deceptive impression of governmental authority, violating SDCL §37-24-6. Specifically: [DESCRIBE DECEPTIVE PRACTICES] Under South Dakota contract law, your remedy is limited to actual damages (the posted hourly rate of [$X]). Any claim beyond this is an unenforceable penalty. If you escalate this matter, I will: 1. File complaint with SD Attorney General Consumer Protection Division 2. File suit under SDCL §37-24-31 seeking actual damages, attorney fees, and treble damages DO NOT CONTACT ME FURTHER except to confirm closure. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://sdlegislature.gov/Statutes/37-24
- SD Attorney General Consumer Protection