54-3A-5. Additional charges allowed--Disclosure and explanation to consumer--Separate agreement.
In addition to the finance charge, a creditor may contract for, and receive the following additional charges in connection with an installment sales contract if such charges are itemized and disclosed to the buyer:
(1)Official fees and taxes;
(2)Charges for guaranteed asset protection waivers, or credit life, accident, health, loss of income, property, or liability insurance. However any insurance is optional, and the consumer shall be informed, in writing, that any insurance is optional; and
(3)Charges for debt cancellation contracts and debt suspension contracts, as defined in §§51A-1-2, 54-4-73, and 54-4-74, if the debt cancellation contract or debt suspension contract is a contract of a depository institution or a licensee pursuant to chapter 54-4 authorized to provide such coverage, and the contract is sold directly by the authorized depository institution or licensee pursuant to chapter 54-4, or by a retailer acting as an agent for the authorized depository institution or licensee pursuant to chapter 54-4. However, any debt cancellation contract or debt suspension contract is optional, and the consumer shall be informed, in writing, that any such contract is optional.
Any such charges shall be disclosed and explained to the consumer prior to signing any agreement to repay a consumer credit obligation. Any such charges shall be separately agreed to in writing and separately signed by the consumer.
Source: SL 1974, ch 305, §5; SL 2005, ch 256, §1; SL 2006, ch 244, §1; SL 2012, ch 235, §1.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 03A - Consumer Installment Sales Contracts
Section 54-3A-1 - Definition of terms.
Section 54-3A-2 - Items included in amount financed.
Section 54-3A-3 - Finance charges on installment sales contract.
Section 54-3A-6 - Commencement of term of obligation--Down payments.
Section 54-3A-8 - Rule for computing refund of charges on prepayment.
Section 54-3A-8.1 - Restriction on use of rule.
Section 54-3A-9 - Rebate of portion of finance charge on prepayment or refinancing--Exceptions.
Section 54-3A-10 - Rebate on acceleration of maturity.
Section 54-3A-11 - Delinquent installments--Notice of penalty to consumer.
Section 54-3A-12 - Imposition and collection of delinquency charge.
Section 54-3A-12.1 - Imposition and collection of returned check charge--Maximum.
Section 54-3A-14 - Unilateral deferral by creditor prohibited.
Section 54-3A-15 - Deferral agreement requirements.
Section 54-3A-16 - Deferral charge not collected on refinancing.
Section 54-3A-17 - Refinancing agreement--Rebate excluded.
Section 54-3A-18 - Refinancing agreement requirements.
Section 54-3A-19 - Creditor's remedies on delinquency.
Section 54-3A-20 - Debt forfeited for excessive charges--Costs and attorney fees.
Section 54-3A-21 - Limitation on action for excessive charges.
Section 54-3A-22 - Demand required before action for excessive charges.
Section 54-3A-23 - Proof of unintentional error.