37-31-7. Other rights and remedies of consumer--Action for damages--Award.
This chapter does not limit rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights under this chapter is void.
In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this chapter. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with cost, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.
Source: SL 1996, ch 242, ยง8.
Structure South Dakota Codified Laws
Chapter 31 - Assistive Devices
Section 37-31-1 - Definition of terms.
Section 37-31-2 - Manufacturer's warranty--Duration.
Section 37-31-3 - Repair of nonconforming devices--Reimbursement by manufacturer--Failure to repair.
Section 37-31-4 - Return of nonconforming device for replacement or refund.
Section 37-31-6 - No enforcement of lease following refund to consumer.
Section 37-31-7 - Other rights and remedies of consumer--Action for damages--Award.
Section 37-31-8 - Restrictions on resale or lease of returned devices.