{"meta":{"key":"s_sd--pass-01","task":"S_SD","title":"SSD South Dakota provider market access and consumer fees","parent_title":"South Dakota debt and debt relief law","edition":"pass-01","path":"/research/s_sd--pass-01/","kind":"split_pass","category":"state","role":"state","area_numbers":[66],"groups":["collections"],"date":"2026-10-26","tables":6,"claims":36,"sources":18,"review_status":"scoped_review_complete_requires_bounded_correction","review_complete":true,"sha256":"a5776d108123ac82c1e8514f4ef2a27211b4bb7f0591cae98385cee7f3e732e1","headings":["Executive determination","1. Current classification of debt adjustment, settlement, negotiation, DMPs, and credit counseling","1.1 Operative definition","1.2 Business-model classification matrix","1.3 Consumer versus business purpose","2. Prohibited, authorized, or conditionally exempt models","2.1 Default prohibition","2.2 Complete exception map","2.3 Commercial provider’s residual access route","2.4 Why this is not an ordinary license","3. State fee structures, limits, indexing, and refund conditions","3.1 What Chapter 37-34 establishes","3.2 Administrative-rule and bulletin reconciliation","3.3 Consequence of the absence of a state fee formula","4. When fees may be requested or received","4.1 South Dakota chapter","4.2 Federal TSR overlay—only when independently applicable","Permitted federal allocation methods","Dedicated-account conditions","TSR scope limitations","4.3 Conditional credit-repair overlap","5. Regulator permission, operational procedure, and public lookup","5.1 Responsible state authority","5.2 Publicly documented bond procedure","5.3 Evidence of current administration","5.4 No public provider-status lookup established","6. Worked fee and boundary examples","7. Component coverage and remaining investigations","Example E01 — Covered for-profit provider without an exception or bond","Example E02 — Bonded provider and a hypothetical enrolled-debt fee","Example E03 — Proportional method, partial settlement, previous lawful fee, and cancellation","Example E04 — Consistent percentage-of-savings method","Example E05 — Lower-debt case and an upfront “setup” fee","Example E06 — Custodial DMP and proposed monthly fee","Example E07 — Loan/disbursement exception and an adjustment fee","Example E08 — Nonprofit, attorney, and self-creditor boundaries","Nonprofit branch","Attorney branch","Original-creditor branch","Full scope-coverage and gap table","Actually read or directly checked","Searched but not established","Not read or not completed","Access and method limitations preserved"],"generation_provenance":{"actual_route":"regular_chat_adaptive_models","actual_model":"GPT-5.6 Sol","actual_mode":"Pro","provenance_limit":"Actual documented capture labels only; missing labels remain unknown. No preferred setting is inferred as actual execution."},"public_id":"S_SD/pass-01","facets":{"geography":["us","us-sd"],"debt_type":[],"stage":[],"subject":["fees-outcomes","provider-licensing"]},"scope":"First extensive South Dakota provider market access/consumer-fees component only; all broader state dimensions remain required.","pending_corrections":0},"markdown":"# S_SD PASS-01 — South Dakota provider market access and consumer fees\n\n**Actual fresh source-access date:** October 25, 2026, Pacific time, America/Los_Angeles\n**Actual model/mode:** GPT-5.6 Sol Pro, regular Chat; no Deep Research\n**Component boundary:** Provider market access, classification, exemptions, consumer-fee structures, and conditional federal fee timing only. This does **not** accept South Dakota as complete, does not accept A066, and does not close the seven broader parent-state dimensions identified in the assignment.\n\n## Executive determination\n\n1. **South Dakota broadly defines debt adjusting.** The definition expressly reaches custodial payment-distribution plans, debt management, debt pooling, budget counseling, and a fee-based contract to adjust, compromise, or discharge a debtor’s indebtedness. A noncustodial principal-reduction company therefore cannot avoid the chapter merely by leaving consumer funds with the consumer or an independent account administrator. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n2. **The default rule is prohibition, not ordinary licensing.** Unless one of the ten statutory exceptions applies, engaging in the business is prohibited and constitutes a Class 2 misdemeanor. The practical residual access route for an otherwise nonexempt commercial provider is filing and maintaining an **Attorney General-approved $50,000 bond**. That is best described as a bond-based statutory exception and AG approval pathway—not a conventional debt-settlement license or registration. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf)\n3. **No debt-adjusting-specific South Dakota fee ceiling was established.** Chapter 37-34 contains no setup, monthly, settlement, per-debt, savings-based, percentage, aggregate, indexed, refund, or cancellation-fee formula. The one express fee-related exception condition is that the loan/disbursement exception in §37-34-3(8) requires the debt-adjusting services to be performed **without compensation**. No responsive debt-adjusting fee rule, adjustment notice, or official fee table was located in the official administrative-rule searches. State-law silence is not affirmative authorization of any particular fee. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n4. **South Dakota supplies no chapter-specific earned-fee trigger.** Where the federal Telemarketing Sales Rule applies, it independently bars requesting or receiving a debt-relief fee until a debt has actually been altered under a valid customer-executed settlement, DMP, or similar agreement and the customer has made at least one payment under that agreement. The $50,000 state bond does not displace that federal rule. [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n5. **The AG currently administers the bond route, but no public authorization roster was found.** Current AG resources link the debt-adjusting statute and bond form; a July 2026 records schedule describes permanent bond records and AG approval for operation; and the FY2027 budget brief reports “Debt Adjustment Bonds” as an ongoing performance category. The AG’s public “Company Search,” however, is only a website-scam lookup and expressly does not establish legitimacy. [South Dakota Consumer Protection+3](https://consumer.sd.gov/resources.aspx)\n\n# A. Substantive answers to the seven scope questions\n\n## 1. Current classification of debt adjustment, settlement, negotiation, DMPs, and credit counseling\n\n### 1.1 Operative definition\n\nSDCL §37-34-1 has two significant layers:\n\n- Its first sentence covers the classic **custodial debt-pooling model**: an express or implied contract under which a debtor periodically delivers money or another thing of value to a provider, which distributes it among specified creditors for consideration under an agreed plan.\n- The definition then expands beyond custody. It expressly includes debt adjustment, budget counseling, debt management, debt pooling, holding oneself out as managing debts, and contracting for a fee to effect an adjustment, compromise, or discharge of an account, note, or other indebtedness.\n- “Debt adjuster” includes a person who engages, attempts to engage, or offers to engage in the practice. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\n### 1.2 Business-model classification matrix\n\n| Business model | South Dakota classification in this pass | Conditions and boundary |\n| --- | --- | --- |\n| Provider takes periodic consumer payments and distributes them among creditors | **Clearly covered** | This is the definition’s core custodial model. |\n| Debt-management plan obtaining lower rates, waived fees, or changed terms while distributing payments | **Clearly covered** | “Debt management” and debt pooling are expressly named; custody independently fits the first sentence. |\n| Noncustodial debt settlement seeking principal reduction while consumer pays creditors directly | **Covered when the provider contracts for a fee to effect compromise, adjustment, or discharge** | Physical possession of settlement funds is not required by the fee-contract branch. |\n| Provider negotiates only interest, monthly-payment, late-fee, or term concessions | **Covered when performed as fee-based debt management or adjustment** | “Adjustment” is broader than principal forgiveness. |\n| Independent dedicated-account administrator holds the consumer’s savings | **Debt-relief provider remains covered if it contracts for the adjustment service** | Outsourcing custody does not remove the fee-based compromise branch. The account administrator’s separate status was not fully investigated. |\n| Credit-counseling organization operating a DMP | **Covered** | A nonprofit may have an exception under §37-34-3(5), but the underlying activity remains debt adjusting. |\n| Paid budget counseling tied to individualized debt management | **Strongly within the text** | “Budget counseling” is expressly included. |\n| Free, general financial education with no individualized debt-management contract, no fee, and no funds handling | **Unresolved edge** | The express reference to budget counseling cautions against a categorical exclusion, but no decision or official interpretation was found resolving an information-only program outside the business/contract context. |\n| Software or self-help tool that supplies information but does not negotiate, receive funds, contract to adjust debts, or hold itself out as doing so | **Potentially outside, fact-dependent** | No software, publisher, or information-service safe harbor appears in Chapter 37-34. The actual representations and services would control. |\n| Original creditor modifying only its own account | **No express self-creditor exception** | A creditor merely restructuring its own debt without a separate debtor-paid adjustment service or multi-creditor distribution may fall outside the definition rather than within an exception. That boundary is not resolved by an on-point South Dakota authority located in this pass. |\n| Business-purpose or commercial debt negotiation | **Not textually excluded** | The statute uses “debtor” and “any account, note, or other indebtedness,” without an express personal, family, or household limitation. Categorical commercial-debt coverage remains held because no controlling interpretation was found. |\n| Secured-debt modification | **Not textually excluded by Chapter 37-34** | The chapter contains no secured/unsecured distinction. Mortgage, vehicle, agricultural, and other sector-specific overlays remain open. |\n| Out-of-state internet or telephone provider serving a South Dakota resident | **Material nexus risk; categorical answer held** | The statute has no express remote-provider or resident-only clause. The AG form refers to conducting business “within the State,” but no controlling case or official interpretation was found defining when a remote contract crosses that line. |\n\nThese classifications follow the operative language rather than marketing labels. Calling a program “financial wellness,” “credit advocacy,” “legal support,” or “negotiation software” does not control if the actual conduct is a fee-based effort to manage, adjust, compromise, or discharge debt. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\n### 1.3 Consumer versus business purpose\n\nUnlike the federal TSR definition, South Dakota’s definition does not limit itself to unsecured consumer debts. It does not use a “personal, family, or household” qualifier. The safest bounded conclusion is therefore:\n\n- **Consumer debts are covered when the operative elements are present.**\n- **Business debts are not affirmatively excluded**, but comprehensive commercial-purpose application remains unresolved without a South Dakota interpretation.\n- The exception for bona fide trade or mercantile associations arranging adjustments with business establishments does not itself establish that all other commercial-debt activity is covered or excluded. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\n## 2. Prohibited, authorized, or conditionally exempt models\n\n### 2.1 Default prohibition\n\nSDCL §37-34-2 provides that, except as allowed by §37-34-3, no person may engage in the business of debt adjusting; a violation is a Class 2 misdemeanor. This means a provider does not begin with an unrestricted right to operate and then merely add a registration. It must fit a statutory exception. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\n### 2.2 Complete exception map\n\n| §37-34-3 exception | Who or what qualifies | Conditions that cannot be skipped |\n| --- | --- | --- |\n| (1) Law practice | Debt adjusting incidentally occurring in the lawful practice of law in South Dakota | The adjustment must be incidental to lawful law practice. An attorney referral, nominal attorney affiliation, law-firm branding, or outsourced attorney review does not by itself establish the exception. |\n| (2) Banks and fiduciaries | Banks and fiduciaries duly authorized and admitted to transact business in South Dakota | The credit or financial adjustment service must occur in the regular course of the entity’s principal business. |\n| (3) Title/abstract escrow | Title insurers and abstract companies | Only while doing an escrow business. |\n| (4) Court-directed actors | Judicial officers or others acting under court orders | Requires actual judicial office or court-order authority, not merely litigation-related work. |\n| (5) Nonprofit/charitable entities | Nonprofit or charitable corporations or associations engaged in debt adjusting | Actual qualifying entity status matters. A label, marketing claim, fiscal sponsor, or nonprofit partner does not prove that the contracting provider is the exempt entity. The state text does not expressly require §501(c)(3), but federal CROA and TSR treatment must be examined separately. |\n| (6) Trade/mercantile associations | Bona fide trade or mercantile associations | Limited to arranging debt adjustments with business establishments in the course of that association activity. |\n| (7) Employers | Employers adjusting debts for their employees | Employer–employee relationship required. |\n| (8) Loan/disbursement model | Person who, at the debtor’s request, arranges or makes a loan and, with the debtor’s authorization, adjusts debts through disbursement of the loan proceeds | The provider must receive **no compensation for the debt-adjusting services**. A separate fee relabeled as processing, facilitation, consulting, or program setup could defeat this exception if it is compensation for the adjusting service. Other lending charges were not investigated here. |\n| (9) Chapter 54-13 mediator | Person serving as mediator under Chapter 54-13 | Chapter 54-13 concerns South Dakota’s agricultural-credit mediation program, not generic private mediation. |\n| (10) Bonded person | Any person filing and maintaining an AG-approved bond | Bond penal sum is $50,000; it is conditioned on faithful performance and payment of obligations and damage claims arising in the debt-adjuster business. |\n\nThe ten exceptions and their conditions are drawn from the complete text of §37-34-3. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) Chapter 54-13 defines an agricultural-credit mediation process, confirming that subsection (9) is not a generic “mediator” exemption. [South Dakota Legislature+1](https://sdlegislature.gov/Statutes/54-13)\n\n### 2.3 Commercial provider’s residual access route\n\nFor a for-profit principal-reduction or DMP provider that does not qualify under exceptions (1)–(9), §37-34-3(10) supplies the relevant route:\n\n1. File a bond with the South Dakota Attorney General.\n2. Obtain the Attorney General’s approval.\n3. Maintain the bond.\n4. Use a $50,000 penal sum.\n5. Condition the bond on faithful performance and payment of the provider’s business obligations and damage claims. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\nThe AG’s form itself says the bond is required for certain persons to conduct business legally in South Dakota and contains an express Attorney General approval line. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf)\n\n### 2.4 Why this is not an ordinary license\n\nNeither §37-34-3 nor the current AG form calls the process a license. The state budget separately labels other activities as “registrations” while labeling this category “Debt Adjustment Bonds.” The most defensible description is:\n\n**A statutory exception from the prohibition, implemented through filing, maintaining, and obtaining AG approval of a prescribed surety bond.**\n\nThat does not mean the bond resolves general corporate qualification, consumer-protection, lending, legal-practice, telemarketing, tax, or sector-specific laws. [My LRC+1](https://mylrc.sdlegislature.gov/api/Documents/Attachment/295234.pdf?Year=2026)\n\n## 3. State fee structures, limits, indexing, and refund conditions\n\n### 3.1 What Chapter 37-34 establishes\n\n| Fee issue | Result of this pass |\n| --- | --- |\n| Setup or enrollment fee cap | No debt-adjusting-specific cap found in Chapter 37-34 |\n| Monthly maintenance fee cap | No debt-adjusting-specific cap found |\n| Settlement fee percentage | No state percentage established |\n| Fee based on enrolled debt | No state formula established |\n| Fee based on savings | No state formula established |\n| Per-debt fee | No state formula established |\n| Aggregate fee cap | No state cap established |\n| Minimum or maximum debt threshold | None established in Chapter 37-34 |\n| CPI/indexed adjustment | No indexing provision or current adjustment notice located |\n| Cancellation fee | No Chapter 37-34 rule established |\n| Refund or earned-fee credit | No Chapter 37-34 rule established |\n| Government filing/application fee | No separate debt-adjusting application fee located |\n| Bond amount | **$50,000 penal sum**, but this is provider security—not a fee and not a cap on consumer charges |\n| Loan/disbursement exception | Adjustment services must be performed **without compensation** under §37-34-3(8) |\n\nThe chapter’s complete operative text contains no other fee formula. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\n### 3.2 Administrative-rule and bulletin reconciliation\n\nI searched the official South Dakota administrative-rule and rulemaking domains using the exact concepts:\n\n- debt adjusting\n- debt adjuster\n- debt adjustment\n- debt settlement\n- debt management\n- budget counseling\n- debt pooling / debt-pooling\n- SDCL 37-34\n\nThe responsive indexed results were unrelated uses of “debt” or “adjustment.” I did **not** locate a debt-adjusting-specific ARSD chapter, fee schedule, fee-adjustment notice, CPI bulletin, model-act adoption order, or current dollar-limit table. The interactive administrative-rule index itself requires JavaScript, and the separate rulemaking portal timed out during direct access, so the correct conclusion is a **bounded negative search result**, not an assertion that no unpublished or poorly indexed material can exist. [South Dakota Legislature+2](https://sdlegislature.gov/Rules/Administrative)\n\n### 3.3 Consequence of the absence of a state fee formula\n\nThe absence of a specific cap does **not** mean:\n\n- every percentage is reasonable;\n- any contract term is enforceable;\n- advance payment is permissible;\n- a bonded provider may deduct fees whenever it chooses;\n- general deception, unconscionability, contract, fiduciary, custody, lending, or federal rules are displaced.\n\nIt means only that this provider-access/fees pass did not establish a **debt-adjusting-specific South Dakota fee ceiling or earned-fee formula** in Chapter 37-34 or a responsive administrative rule.\n\n## 4. When fees may be requested or received\n\n## 4.1 South Dakota chapter\n\nChapter 37-34 does not state a settlement-performance milestone, first-payment milestone, percentage-earned schedule, monthly accrual rule, or refund timing rule. The bond route therefore cannot itself be treated as permission to charge in advance. The sole express compensation condition is the zero-compensation requirement for the particular loan/disbursement exception in §37-34-3(8). [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\n## 4.2 Federal TSR overlay—only when independently applicable\n\nThe current eCFR version checked was up to date through October 22, 2026 and indicated that Title 16 had last been amended October 19, 2026. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\nThe TSR defines a debt-relief service as a represented program or service to renegotiate, settle, or otherwise alter payment or other terms of debt owed to unsecured creditors or collectors, including balance, interest, or fees. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2)\n\nFor a covered transaction, 16 C.F.R. §310.4(a)(5)(i) bars requesting **or receiving** a debt-relief fee until all three conditions exist for at least one debt:\n\n1. The seller or telemarketer has actually renegotiated, settled, reduced, or otherwise altered that debt under a settlement agreement, DMP, or similar valid contractual agreement executed by the customer.\n2. The customer has made at least one payment under that customer–creditor or customer–collector agreement.\n3. If debts are resolved individually, the fee attributed to the resolved debt follows one of the rule’s two allocation methods. [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\n### Permitted federal allocation methods\n\n**Method 1—proportional enrolled-balance allocation**\n\nfee for resolved debt=total contracted fee×that debt’s enrollment balancetotal enrollment balance\\text{fee for resolved debt}\n=\n\\text{total contracted fee}\n\\times\n\\frac{\\text{that debt’s enrollment balance}}\n{\\text{total enrollment balance}}fee for resolved debt=total contracted fee×total enrollment balancethat debt’s enrollment balance​The balances are those owed when enrolled.\n\n**Method 2—percentage of savings**\n\nfee=constant contracted savings percentage×(enrollment balance−amount actually paid to satisfy debt)\\text{fee}\n=\n\\text{constant contracted savings percentage}\n\\times\n(\\text{enrollment balance} - \\text{amount actually paid to satisfy debt})fee=constant contracted savings percentage×(enrollment balance−amount actually paid to satisfy debt)The percentage cannot change from debt to debt. A provider cannot use the enrolled-balance method for one account and the savings method for another merely to maximize collection. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\n### Dedicated-account conditions\n\nA covered provider may require savings to be placed in a dedicated account only if:\n\n- the institution is insured;\n- the customer owns the funds and any interest;\n- the administrator is not owned, controlled by, or affiliated with the debt-relief provider;\n- the administrator does not pay or receive referral compensation involving the provider; and\n- the customer can withdraw without penalty and receives all funds other than properly earned provider fees within seven business days. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\nPlacing money into that consumer-owned account is not the same as the provider earning or receiving its fee.\n\n### TSR scope limitations\n\nThe TSR is not a universal fee statute for every South Dakota transaction. Among other limits:\n\n- It concerns telemarketing and, for debt-relief purposes, unsecured debts.\n- A truly unsolicited consumer-initiated call may fall within an exemption.\n- Calls responding to debt-relief advertising or targeted direct mail are expressly removed from the otherwise applicable inbound-call exemptions.\n- A qualifying face-to-face transaction may fall within the listed exemption, although specified residual TSR provisions remain.\n- Business-to-business calls generally receive a separate exemption, subject to the regulation’s listed exceptions. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6)\n\nFTC staff guidance describes the debt-relief amendments as applying to for-profit sellers and telemarketers, explains that bona fide nonprofit organizations are treated differently, and cautions that there is no general attorney exemption for attorneys who use covered telemarketing. The guide expressly says it represents FTC staff views and is not binding on the Commission, so the regulation remains the controlling source. [Federal Trade Commission](https://www.ftc.gov/business-guidance/resources/debt-relief-services-telemarketing-sales-rule-guide-business)\n\n## 4.3 Conditional credit-repair overlap\n\nDebt settlement does not automatically become credit repair. Separate analysis is required when the provider expressly or impliedly represents that it will improve a consumer’s credit history, credit record, or credit rating.\n\nFor covered telemarketing credit-improvement services, 16 C.F.R. §310.4(a)(2) bars requesting or receiving payment until:\n\n- the represented time for providing all promised goods or services has expired; and\n- the seller has provided a consumer-reporting-agency report demonstrating that the promised results were achieved, issued more than six months after the results were achieved.\n\nThe rule also preserves the FCRA permissible-purpose requirement for obtaining a consumer report. [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\nCROA separately defines a credit repair organization by reference to paid services intended to improve a consumer’s credit record, history, or rating or to provide related advice. Its express exclusions include a qualifying §501(c)(3) nonprofit, an original creditor assisting with its own debt, and specified depository institutions and credit unions. Current House U.S. Code materials stated that the chapter was current through Public Law 119-124, dated October 15, 2026. [U.S. Code+1](https://uscode.house.gov/us/usc/119-118/t15/s1679a/)\n\nWhere CROA applies, it prohibits collecting payment before the agreed service is fully performed, requires a written and dated contract, delays services until the three-business-day period has elapsed, and gives the consumer a three-business-day cancellation right without penalty. [GovInfo+2](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/pdf/USCODE-2024-title15-chap41-subchapII-A.pdf)\n\nThe state nonprofit exception and the federal CROA nonprofit exclusion are therefore not interchangeable: South Dakota’s text does not expressly say §501(c)(3), while CROA does.\n\n## 5. Regulator permission, operational procedure, and public lookup\n\n### 5.1 Responsible state authority\n\nThe operative statute assigns bond filing and approval to the **South Dakota Attorney General**. The Attorney General’s Consumer Protection resources page currently links both the statute and the debt-adjusting bond materials. [South Dakota Consumer Protection](https://consumer.sd.gov/resources.aspx)\n\n### 5.2 Publicly documented bond procedure\n\nThe currently linked form is a 2015-version instruction packet. It requires, among other things:\n\n1. Use of the AG-provided form unless another form receives prior approval.\n2. Retention of the exact prescribed language in an electronic reproduction.\n3. An original bond document.\n4. Original principal and surety/attorney-in-fact signatures.\n5. A power of attorney dated the same day as the bond.\n6. No strikeouts or whiteouts.\n7. Principal and surety business-address information.\n8. Entity-appropriate authority and acknowledgment.\n9. Separate notarization of principal and surety.\n10. Execution by the surety’s South Dakota registered/resident agent.\n11. AG approval on the bond form.\n12. A $50,000 penal sum. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf)\n\nThe material does **not** publicly establish in the reviewed text:\n\n- a separate debt-adjuster application;\n- an application fee;\n- an examination;\n- an annual renewal cycle;\n- a certificate number;\n- a searchable authorization number;\n- an online filing portal;\n- a public approval roster;\n- the consequences or timing of surety cancellation;\n- whether amendments are required for changes of name, ownership, address, or control.\n\nThose items remain held.\n\n### 5.3 Evidence of current administration\n\nA South Dakota AG records schedule dated July 30, 2026 contains series AG-136, “Buying Club Bonds & Debt Adjustment Bonds.” It says the records may contain bonds and correspondence, describes debt-adjustment businesses as filing bonds with the AG and being approved for operation, and requires permanent retention. The schedule prints “SDCL-34-34-3,” which is evidently an agency citation typo; the controlling statute is §37-34-3. [South Dakota](https://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78)\n\nThe FY2027 AG budget brief lists these performance figures:\n\n- Actual FY2024: 50 debt-adjustment bonds\n- Actual FY2025: 49\n- Estimated FY2026: 50\n- Estimated FY2027: 50\n\nThese figures show an ongoing administered program but do **not** prove that the numbers equal unique active providers, current approvals, or providers authorized on today’s date. [My LRC](https://mylrc.sdlegislature.gov/api/Documents/Attachment/295234.pdf?Year=2026)\n\n### 5.4 No public provider-status lookup established\n\nThe AG’s public “Company Search” accepts a website URL and helps identify reported scam websites. It expressly warns that the absence of a website does not mean it is legitimate. It is not a debt-adjuster bond or authorization lookup. [South Dakota Consumer Protection](https://consumer.sd.gov/companysearch/)\n\nNo public debt-adjustment bond roster or provider-by-provider approval lookup was located. Accordingly:\n\n- No named provider’s authorization is established here.\n- Marketing statements such as “licensed,” “bonded,” “approved,” or “available in South Dakota” are not proof.\n- A surety-bond image without AG approval and current-maintenance evidence is not enough.\n- The budget count is not a provider registry.\n- The presence of a company in the Secretary of State’s business records would not alone establish the §37-34-3(10) exception.\n\n## 6. Worked fee and boundary examples\n\nThe complete examples are in Section D. The controlling principles are:\n\n- No exception or approved bond means no Chapter 37-34 access pathway was established, regardless of whether the proposed fee is numerically modest.\n- A bond establishes only the Chapter 37-34 exception; it does not validate the amount, contract, timing, or federal collection point.\n- For covered TSR transactions, earlier fees must have arisen under the same allocation method and after the same required performance conditions.\n- No example treats a consumer payment into a dedicated account as an earned provider fee.\n- No example assumes that a state-law silence authorizes an advance fee.\n\n## 7. Component coverage and remaining investigations\n\nThis pass resolves the core text, exception architecture, bond process, absence of a Chapter 37-34 fee formula, and conditional federal fee timing. It does **not** resolve the broader agreement, funds, bond-remedy, enforcement, collection, secured-debt, sector, local, tribal, contract, or comprehensive case-law dimensions. The full coverage table appears after the examples.\n\n# B. Source table\n\nAll listed materials were freshly accessed or checked on **October 25, 2026 Pacific**. Historical document dates remain historical and are not represented as access dates.\n\n| Source ID | Title, issuer, and direct literal URL | Exact pinpoint, status, and limitations |\n| --- | --- | --- |\n| **S_SD-P1-S001** | South Dakota Legislature, “Codified Laws”  \\nhttps://sdlegislature.gov/Statutes | Official index labeled the codified laws **effective September 2, 2026**. Direct page rendered a JavaScript warning, so it was used for compilation status rather than operative text. [South Dakota Legislature](https://sdlegislature.gov/Statutes) |\n| **S_SD-P1-S002** | South Dakota Legislature, Chapter 37-34 and individual sections  \\nhttps://sdlegislature.gov/Statutes/37-34  \\nhttps://sdlegislature.gov/Statutes/37-34-1  \\nhttps://sdlegislature.gov/Statutes/37-34-2  \\nhttps://sdlegislature.gov/Statutes/37-34-3 | Current official section locators and indexed current text. Interactive pages were not fully readable without JavaScript; used to confirm current section identity and cross-check the AG PDF. [South Dakota Legislature+3](https://sdlegislature.gov/Statutes/37-34-1) |\n| **S_SD-P1-S003** | South Dakota Attorney General, “Debt Adjusting—37-34-1 to 37-34-3”  \\nhttps://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf | Full two-page operative text freshly read and visually checked. Page 1: §§37-34-1 and 37-34-2; page 2: all ten §37-34-3 exceptions. No standalone revision date printed; currently linked from S005 and cross-checked against S002. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) |\n| **S_SD-P1-S004** | South Dakota Legislature, former Chapter 22-47, “Debt Adjusting [Transferred]”  \\nhttps://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Statute=22-47&Type=Statute | Historical locator. §§22-47-1 through -3 transferred to §§37-34-1 through -3 by 2005 Session Laws chapter 120, §295, effective July 1, 2006. Historical transfer only. [South Dakota Legislature+1](https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Statute=22-47&Type=Statute) |\n| **S_SD-P1-S005** | South Dakota Attorney General, Consumer Protection “Resources”  \\nhttps://consumer.sd.gov/resources.aspx | Current live resource page, “Forms & Statutes,” linking “Debt Adjusting SDCL 37-34” and “Bond Form: Debt Adjusting.” No legal effective date printed. [South Dakota Consumer Protection](https://consumer.sd.gov/resources.aspx) |\n| **S_SD-P1-S006** | South Dakota Attorney General, “SDCL 37-34-3 Debt Adjusting—Bond Instructions”  \\nhttps://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf | Five-page packet, filename/document version 2015, still live-linked on S005. Instructions pp. 1–3; bond form pp. 4–5. Operational procedure, not a substitute for statutory authority. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf) |\n| **S_SD-P1-S007** | South Dakota Bureau of Administration / Attorney General, “Records Retention and Destruction Schedule”  \\nhttps://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78 | Memorandum dated July 30, 2026. PDF page 112 of 135/internal schedule page 87, series AG-136. Describes bond records and permanent retention. Contains apparent typo “34-34-3”; operational evidence only. [South Dakota](https://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78) |\n| **S_SD-P1-S008** | South Dakota Legislative Research Council, “Detail Attorney General Brief FY27”  \\nhttps://mylrc.sdlegislature.gov/api/Documents/Attachment/295234.pdf?Year=2026 | Internal page 14/PDF page 15, performance indicators. Reports 50, 49, 50, 50 debt-adjustment bonds for actual FY2024, actual FY2025, estimated FY2026, estimated FY2027. Not a provider roster. Printed timestamp shown in PDF: January 4, 2025. [My LRC](https://mylrc.sdlegislature.gov/api/Documents/Attachment/295234.pdf?Year=2026) |\n| **S_SD-P1-S009** | South Dakota AG Consumer Protection, “Company Search”  \\nhttps://consumer.sd.gov/companysearch/ | Current scam-website URL search. Page expressly says absence does not establish legitimacy. Not an authorization or bond lookup. [South Dakota Consumer Protection](https://consumer.sd.gov/companysearch/) |\n| **S_SD-P1-S010** | South Dakota Legislature, Administrative Rules index; South Dakota rulemaking portal  \\nhttps://sdlegislature.gov/Rules/Administrative  \\nhttps://rules.sd.gov/ | Discovery/search route. Administrative index required JavaScript; rulemaking portal timed out. Exact official-domain searches for debt-adjusting terminology produced no responsive debt-adjusting rule or fee schedule. Negative result is bounded by indexing/access limits. [South Dakota Legislature](https://sdlegislature.gov/Rules/Administrative) |\n| **S_SD-P1-S011** | South Dakota Legislature, Chapter 54-13, State Farm Mediation Board  \\nhttps://sdlegislature.gov/Statutes/54-13  \\nhttps://sdlegislature.gov/Statutes/54-13-1 | §54-13-1 definition of agricultural-credit mediation; used to delimit §37-34-3(9). [South Dakota Legislature+1](https://sdlegislature.gov/Statutes/54-13) |\n| **S_SD-P1-S012** | South Dakota Attorney General, Consumer Handbook  \\nhttps://consumer.sd.gov/docs/AttGeneralRESOURCES.pdf | 2019–2020 handbook. Printed pp. 51–54 discuss credit counseling, DMPs, debt settlement, TSR timing, and dedicated accounts. Handbook expressly says it is informational and not legal advice or state policy; used only as nonbinding agency guidance. [South Dakota Consumer Protection+4](https://consumer.sd.gov/docs/AttGeneralRESOURCES.pdf) |\n| **S_SD-P1-S013** | eCFR, 16 C.F.R. §310.2  \\nhttps://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2 | §310.2(n) customer; §310.2(o) debt-relief-service definition. eCFR is authoritative but unofficial. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2) |\n| **S_SD-P1-S014** | eCFR, 16 C.F.R. §310.4  \\nhttps://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4 | Current display up to date October 22, 2026; Title 16 last amended October 19, 2026. §310.4(a)(2) credit-improvement timing; §310.4(a)(5)(i)(A)–(C) debt-relief triggers/allocation; §310.4(a)(5)(ii)(A)–(E) dedicated-account conditions. [eCFR+3](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) |\n| **S_SD-P1-S015** | eCFR, 16 C.F.R. §310.6  \\nhttps://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6 | §310.6(b)(3)–(7), including face-to-face, unsolicited inbound, advertising/direct-mail debt-relief carvebacks, and business-call provisions. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6) |\n| **S_SD-P1-S016** | Federal Trade Commission, “Debt Relief Services & the Telemarketing Sales Rule: A Guide for Business”  \\nhttps://www.ftc.gov/business-guidance/resources/debt-relief-services-telemarketing-sales-rule-guide-business | July 2010 staff guide. Coverage discussion, attorney/nonprofit guidance, fee examples, and dedicated-account explanation. The guide expressly says it is nonbinding; current eCFR controls. [Federal Trade Commission](https://www.ftc.gov/business-guidance/resources/debt-relief-services-telemarketing-sales-rule-guide-business) |\n| **S_SD-P1-S017** | Office of the Law Revision Counsel, current Title 15/CROA  \\nhttps://uscode.house.gov/us/usc/119-124/t15/chapter41-front.html  \\nhttps://uscode.house.gov/us/usc/119-118/t15/s1679a/ | Chapter page states current through Public Law 119-124, October 15, 2026. §1679a page supplies the credit-repair definition and exclusions. [U.S. Code+1](https://uscode.house.gov/us/usc/119-118/t15/s1679a/) |\n| **S_SD-P1-S018** | GovInfo, 2024 annual-edition CROA PDF  \\nhttps://www.govinfo.gov/content/pkg/USCODE-2024-title15/pdf/USCODE-2024-title15-chap41-subchapII-A.pdf | Exact annual-edition text: §1679a definitions/exclusions; §1679b(b) advance payment; §1679d written contract/three-business-day delay; §1679e cancellation. Used with S017’s 2026 currency check, not represented as a standalone October 2026 codification. [GovInfo+3](https://www.govinfo.gov/content/pkg/USCODE-2024-title15/pdf/USCODE-2024-title15-chap41-subchapII-A.pdf) |\n\n# C. Claim table\n\n| Claim ID | Precise assertion | Source IDs and pinpoints | Conditions, exceptions, and confidence limit |\n| --- | --- | --- | --- |\n| **S_SD-P1-C001** | The official South Dakota codified-law index was labeled effective September 2, 2026. | S001; index heading. [South Dakota Legislature](https://sdlegislature.gov/Statutes) | High confidence as to the index label; not a certification against every later uncodified event. |\n| **S_SD-P1-C002** | A contract under which the debtor periodically gives value to a provider that distributes it among creditors for consideration is debt adjusting. | S003, §37-34-1, PDF p.1. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | High textual confidence. |\n| **S_SD-P1-C003** | Debt adjustment, budget counseling, debt management, debt pooling, and fee-based efforts to adjust, compromise, or discharge indebtedness are expressly included. | S003, §37-34-1. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | High textual confidence. |\n| **S_SD-P1-C004** | A noncustodial principal-reduction provider can be covered even when it never possesses settlement funds. | S003, §37-34-1 fee-contract branch. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | Strong textual inference; no contrary South Dakota interpretation located. |\n| **S_SD-P1-C005** | Direct consumer payment to creditors or use of an independent dedicated account does not by itself remove a fee-based negotiation provider from the state definition. | S003, §37-34-1. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | Strong inference from alternative definition branches; account administrator’s separate status remains open. |\n| **S_SD-P1-C006** | Chapter 37-34 contains no express personal/family/household-purpose limitation and no express secured/unsecured distinction. | S003, §37-34-1. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | Textual observation; categorical commercial- and secured-debt applications remain unresolved. |\n| **S_SD-P1-C007** | Chapter 37-34 contains no express remote-provider or resident-only rule. | S003, §§37-34-1 to -3; S006 bond recital. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf) | Remote nexus held; bond form’s “within the State” language is operational, not a judicial nexus test. |\n| **S_SD-P1-C008** | Unless §37-34-3 applies, engaging in the business of debt adjusting is prohibited and is a Class 2 misdemeanor. | S003, §37-34-2. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | High confidence; punishment details outside this pass. |\n| **S_SD-P1-C009** | Section 37-34-3 contains ten exceptions, including a residual bond exception available to “any person.” | S003, §37-34-3(1)–(10). [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | High confidence as to text; entity-specific eligibility requires facts. |\n| **S_SD-P1-C010** | The residual commercial access route requires filing and maintaining an AG-approved $50,000 bond. | S003, §37-34-3(10). [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | High confidence. Other laws remain applicable. |\n| **S_SD-P1-C011** | The $50,000 figure is the bond’s penal sum, not a consumer-fee ceiling or authorized charge. | S003, §37-34-3(10); S006 bond p.4. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf) | High confidence. |\n| **S_SD-P1-C012** | Current publicly linked instructions require the prescribed wording, original bond, signatures, same-day power of attorney, acknowledgments, notarization, and surety’s South Dakota agent. | S005; S006, instructions pp.1–3. [South Dakota Consumer Protection+1](https://consumer.sd.gov/resources.aspx) | Operational material versioned 2015 but still live-linked in 2026. |\n| **S_SD-P1-C013** | AG approval is an actual condition of the public bond form. | S006, bond p.4, approval line. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf) | High confidence; no separate certificate located. |\n| **S_SD-P1-C014** | State records and budget materials indicate ongoing administration of debt-adjustment bonds. | S007, AG-136; S008, internal p.14. [South Dakota+1](https://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78) | Counts are not proven to equal unique active providers. |\n| **S_SD-P1-C015** | No public debt-adjuster authorization roster was established, and the AG Company Search is not such a registry. | S009; S005–S008. [South Dakota Consumer Protection+1](https://consumer.sd.gov/companysearch/) | Bounded search result; nonpublic or unindexed records may exist. |\n| **S_SD-P1-C016** | The attorney exception is limited to debt adjusting incidentally arising in lawful South Dakota law practice. | S003, §37-34-3(1). [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | Attorney involvement alone is insufficient; no case defining “incidentally” located. |\n| **S_SD-P1-C017** | The nonprofit exception applies to qualifying nonprofit or charitable corporations or associations, but does not itself approve a fee or establish federal nonprofit status. | S003, §37-34-3(5); S017, 15 U.S.C. §1679a. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf) | Actual entity and federal-tax facts required. |\n| **S_SD-P1-C018** | Banks/fiduciaries, title/abstract escrow actors, court-directed actors, trade/mercantile associations, and employers have activity-specific exceptions. | S003, §37-34-3(2)–(7). [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | Each condition must be satisfied; no blanket institutional exemption. |\n| **S_SD-P1-C019** | The loan/disbursement exception requires debtor request, debtor authorization, disbursement of loan proceeds, and no compensation for adjusting the debts. | S003, §37-34-3(8). [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | A separate loan charge may need characterization under later lending/contract work. |\n| **S_SD-P1-C020** | The mediator exception refers to the agricultural-credit mediation program in Chapter 54-13. | S003, §37-34-3(9); S011, §54-13-1. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf) | Not a generic private-mediator exemption. |\n| **S_SD-P1-C021** | There is no express self-creditor exception in §37-34-3. | S003, §37-34-3. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | An original creditor modifying only its own debt may instead fall outside the service definition; unresolved. |\n| **S_SD-P1-C022** | Chapter 37-34 supplies no setup, monthly, percentage, savings, per-debt, or aggregate fee limit. | S003, complete chapter. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | High confidence as to the chapter; general and sector laws remain open. |\n| **S_SD-P1-C023** | Chapter 37-34 supplies no state-specific performance trigger, cancellation-fee rule, earned-fee allocation, or refund timetable. | S003, complete chapter. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com) | High confidence as to the chapter; no responsive ARSD rule located. |\n| **S_SD-P1-C024** | No responsive debt-adjusting ARSD fee rule or adjustment notice was located after exact official-domain searches. | S010 and recorded query set. [South Dakota Legislature+2](https://sdlegislature.gov/Rules/Administrative) | Moderate confidence; portal/indexing limitations require a hold rather than absolute nonexistence claim. |\n| **S_SD-P1-C025** | A state bond or exception is not affirmative authorization for advance fees or any particular fee amount. | S003; S014. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf) | Legal synthesis; other laws independently apply. |\n| **S_SD-P1-C026** | For TSR purposes, debt relief includes represented alteration of unsecured debt terms, including balance, interest, or fees. | S013, §310.2(o). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2) | Federal telemarketing scope only; not the state definition. |\n| **S_SD-P1-C027** | A covered provider may not request or receive a fee until a debt is altered under a valid customer-executed agreement and the customer makes at least one payment under it. | S014, §310.4(a)(5)(i)(A)–(B). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) | All conditions required; a creditor offer alone or consumer deposit alone is insufficient. |\n| **S_SD-P1-C028** | Individual-debt fees must follow either proportional enrolled-balance allocation or one constant savings percentage. | S014, §310.4(a)(5)(i)(C). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) | Same method must be applied consistently; savings use amount actually paid to satisfy. |\n| **S_SD-P1-C029** | A compliant dedicated account remains consumer-owned and requires return of unearned funds within seven business days after withdrawal. | S014, §310.4(a)(5)(ii)(A)–(E). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) | Applies only to covered TSR arrangement; earned-fee characterization still requires all triggers. |\n| **S_SD-P1-C030** | General inbound-call exemptions do not shield calls responding to debt-relief advertising or relevant direct mail. | S015, §310.6(b)(5)–(6). [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6) | Other exemptions and residual provisions require transaction-specific analysis. |\n| **S_SD-P1-C031** | Credit-improvement representations may trigger the separate §310.4(a)(2) delayed-payment test. | S014, §310.4(a)(2). [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4) | Conditional; debt relief is not automatically credit repair. |\n| **S_SD-P1-C032** | CROA separately prohibits advance payment before full performance and imposes written-contract and cancellation rules where its definition applies. | S017–S018, 15 U.S.C. §§1679a, 1679b(b), 1679d, 1679e. [U.S. Code+3](https://uscode.house.gov/us/usc/119-118/t15/s1679a/) | Requires actual credit-improvement purpose/representations; statutory exclusions must be evaluated separately. |\n| **S_SD-P1-C033** | The current sections trace to 1990 enactment, 1991/1993 amendments, and a 2005 transfer effective July 1, 2006. | S003 source histories; S004. [South Dakota Consumer Protection+2](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf) | Historical session-law text was not fully reconstructed in this pass. |\n| **S_SD-P1-C034** | No current, future-effective, proposed, stayed, vacated, expired, or withdrawn 2026 change to Chapter 37-34 was identified in the targeted official searches. | S001–S004 plus 2026 official-domain searches. [South Dakota Legislature+2](https://sdlegislature.gov/Statutes) | Bounded search conclusion, not an absolute certification against every unindexed document. |\n| **S_SD-P1-C035** | No named provider’s current bond approval or authorization was verified. | S005–S009. [South Dakota Consumer Protection+1](https://consumer.sd.gov/resources.aspx) | Provider-specific status requires the actual approved and maintained bond record or equally authoritative evidence. |\n| **S_SD-P1-C036** | No on-point published South Dakota appellate decision or official AG opinion interpreting the material Chapter 37-34 boundaries was located in targeted official-domain searches. | Research route described in self-check. | Moderate/limited confidence; comprehensive docket, trial-level, and paid-database case research remains open. |\n\n# D. Worked examples and full scope-coverage table\n\n## Example E01 — Covered for-profit provider without an exception or bond\n\n**Facts**\n\n- South Dakota resident enrolls one $12,000 unsecured credit-card account.\n- Provider is a for-profit company.\n- Provider will negotiate a principal reduction.\n- Consumer will pay the creditor directly.\n- Proposed fee: 20% of enrolled debt.\n- Provider has no established attorney, bank, nonprofit, employer, loan, mediator, or other exception.\n- No AG-approved bond is established.\n\n**Classification**\n\nThe noncustodial arrangement is still a fee-based contract to effect a compromise or adjustment. Assuming sufficient South Dakota nexus, it is covered by §37-34-1.\n\n**Arithmetic**\n\n$12,000×20%=$2,400\\$12{,}000 \\times 20\\% = \\$2{,}400$12,000×20%=$2,400**Result**\n\nThe arithmetic is $2,400, but no lawful Chapter 37-34 operating pathway has been established. The question is not whether $2,400 is below a state cap; there is no verified state cap. The provider is prohibited unless an exception—including the approved-bond route—applies. Remote-provider nexus remains an explicit hold. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\n## Example E02 — Bonded provider and a hypothetical enrolled-debt fee\n\n**Facts**\n\n- Same $12,000 debt.\n- Provider has an actual, maintained, AG-approved $50,000 bond.\n- Contract proposes a 20% enrolled-debt fee.\n- No federal timing facts are yet satisfied.\n\n**Arithmetic**\n\n$12,000×20%=$2,400\\$12{,}000 \\times 20\\% = \\$2{,}400$12,000×20%=$2,400**State result**\n\nThe bond supplies the §37-34-3(10) exception, subject to its validity and maintenance. It does **not** make $2,400 affirmatively reasonable, enforceable, earned, or currently collectible. Chapter 37-34 contains no percentage cap or advance-fee authorization. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf)\n\n**Federal branch**\n\nIf the TSR applies, the provider may not request or receive the $2,400 before the settlement-agreement and first-payment conditions are satisfied. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\n## Example E03 — Proportional method, partial settlement, previous lawful fee, and cancellation\n\n**Inputs**\n\n- Debt A enrollment balance: $4,000\n- Debt B enrollment balance: $6,000\n- Debt C enrollment balance: $10,000\n- Total enrollment balance: $20,000\n- Total contracted fee: 20% of total enrolled debt\n- Contracted total fee:  $20,000×20%=$4,000\\$20{,}000 \\times 20\\% = \\$4{,}000$20,000×20%=$4,000\n- Method selected: proportional enrolled-balance method for all debts\n- Debt A has been altered under a valid customer-executed agreement\n- Customer has made the first payment under that agreement\n\n**Debt A earned-fee calculation**\n\n$4,000×$4,000$20,000=$800\\$4{,}000\n\\times\n\\frac{\\$4{,}000}{\\$20{,}000}\n=\n\\$800$4,000×$20,000$4,000​=$800**Previous-fee condition**\n\nAssume the provider previously received $300 of the $800 **after** all Debt A triggers were met under this same proportional method.\n\n$800−$300=$500\\$800 - \\$300 = \\$500$800−$300=$500**Current result**\n\n- Maximum fee attributable to Debt A under the stated contract/formula: $800\n- Already lawfully received for Debt A: $300\n- Remaining amount attributable to Debt A: $500\n- Fee earned for unresolved Debts B and C: $0\n\nNo method switch is allowed merely because another method would produce a larger amount. [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\n**Cancellation branch**\n\nAssume the dedicated account currently contains:\n\n- $1,700 of unearned consumer funds; and\n- $500 corresponding to the remaining Debt A fee that has already been earned under the federal conditions but not yet transferred.\n\nAssume no separate administrator fee or other authorized charge.\n\n- The $1,700 is unearned and must be returned within seven business days.\n- The federal dedicated-account provision permits excluding properly earned provider fees from the amount returned.\n- Whether the provider may immediately debit the $500 depends on the contract and valid account authorization, which this South Dakota fee pass did not determine.\n- Nothing is earned for B or C merely because the consumer previously made deposits or because A was resolved. [eCFR](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\nAll amounts are exact to the cent; no rounding adjustment is needed.\n\n## Example E04 — Consistent percentage-of-savings method\n\n**Inputs**\n\n- Debt B enrollment balance: $6,000\n- Amount actually paid to satisfy Debt B: $4,500\n- Contracted savings fee: 25%\n- Same 25% savings rate applies to every enrolled debt\n- Agreement and first-payment triggers are satisfied\n\n**Savings**\n\n$6,000−$4,500=$1,500\\$6{,}000 - \\$4{,}500 = \\$1{,}500$6,000−$4,500=$1,500**Fee**\n\n$1,500×25%=$375\\$1{,}500 \\times 25\\% = \\$375$1,500×25%=$375Assume $100 was already lawfully received after the trigger:\n\n$375−$100=$275\\$375 - \\$100 = \\$275$375−$100=$275**Result**\n\n- Total fee for Debt B under the savings method: $375\n- Previously received: $100\n- Remaining fee: $275\n\nThe provider may not calculate “savings” against later inflated balances containing post-enrollment interest or fees; the regulation uses enrollment balance minus the amount actually paid to satisfy the debt. The provider also may not use 25% for Debt B and a different savings percentage for another debt. [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\n## Example E05 — Lower-debt case and an upfront “setup” fee\n\n**Inputs**\n\n- One enrolled debt: $800\n- Contracted fee: 20% of enrolled balance\n- Proposed separate setup fee: $50 requested at enrollment\n- No settlement/DMP alteration or first creditor payment yet\n- TSR assumed applicable\n\n**Main fee**\n\n$800×20%=$160\\$800 \\times 20\\% = \\$160$800×20%=$160**Result**\n\n- The $160 is not earned before the federal triggers.\n- Requesting the $50 setup fee before those triggers is also prohibited if it is consideration for the covered debt-relief service; the label “setup” does not change its substance.\n- South Dakota Chapter 37-34 neither supplies a special small-debt exception nor authorizes advance setup fees.\n- If the TSR does not apply, this pass still found no South Dakota chapter-specific advance-fee authorization; other contract and consumer-protection law remains open. [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\n## Example E06 — Custodial DMP and proposed monthly fee\n\n**Inputs**\n\n- Three debts of $3,000 each\n- Total enrolled debt: $9,000\n- Consumer deposits $300 per month with the DMP provider\n- Provider distributes the funds to creditors\n- Proposed provider fee: $35 per month\n- Provider is for-profit and has an actual AG-approved bond\n\n**State classification**\n\nThe custodial plan is squarely within §37-34-1. The bond can satisfy the state access exception. Chapter 37-34 does not tell us whether $35 is reasonable or cap it at a different amount. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\n**Federal timing branch**\n\nIf the TSR applies:\n\n- The provider may not collect the $35 merely because the first $300 was placed with it.\n- A valid DMP or comparable agreement must actually alter at least one creditor relationship.\n- The consumer must make at least one payment under that altered agreement.\n- If all three creditor debts are altered together, the trigger analysis differs from a one-at-a-time settlement program; the exact recurring-fee allocation remains contract- and transaction-specific.\n- If only one debt is altered, the fee cannot be front-loaded against unresolved debts. [eCFR+1](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4)\n\n## Example E07 — Loan/disbursement exception and an adjustment fee\n\n**Inputs**\n\n- At the debtor’s request, a company arranges a $10,000 consolidation loan.\n- With debtor authorization, it disburses the proceeds among creditors.\n- It separately charges $100 described as a “debt restructuring service fee.”\n\n**Result**\n\nThe $100 charge prevents reliance on §37-34-3(8) if it is compensation for the debt-adjusting work, because that exception expressly requires no compensation for the adjusting services.\n\nA separate bona fide loan-origination charge may raise different lending-law questions, but relabeling adjustment compensation as origination, processing, consulting, or document preparation does not establish the exception. Those lending and characterization questions remain outside this pass. [South Dakota Consumer Protection](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com)\n\n**Zero-adjustment-fee branch**\n\nIf the company charges $0 for adjusting, and all debtor-request, loan, authorization, and disbursement conditions are genuinely met, the model textually fits §37-34-3(8), subject to other lending laws not investigated here.\n\n## Example E08 — Nonprofit, attorney, and self-creditor boundaries\n\n### Nonprofit branch\n\nA genuine nonprofit corporation provides a DMP and proposes a $25 monthly fee.\n\n- It may qualify for §37-34-3(5) based on its actual entity status.\n- The state exception is not a finding that $25 is approved, reasonable, earned in advance, or federally permissible.\n- A for-profit contractor cannot automatically borrow the nonprofit’s exception.\n- State nonprofit status does not automatically satisfy CROA’s express §501(c)(3) exclusion. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf)\n\n### Attorney branch\n\nA nonlawyer debt-settlement company sells the program, contracts with consumers, and collects the fees, while an affiliated attorney is available for review.\n\n- Those facts do not establish that the adjusting is incidental to the lawful practice of law in South Dakota.\n- The contracting party, control, actual legal services, attorney-client relationship, fee ownership, and lawful-practice facts would need investigation.\n- The federal TSR has no generic attorney exemption according to the FTC staff guide. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf)\n\n### Original-creditor branch\n\nA credit-card issuer voluntarily reduces the balance of its own customer’s account and does not charge a separate debt-adjusting fee.\n\n- Section 37-34-3 contains no express self-creditor exception.\n- Nevertheless, that bilateral restructuring may fall outside the debt-adjuster definition because the creditor is not being hired to manage multiple debts or provide a separate adjustment service for a fee.\n- The precise state boundary remains held.\n- If credit-repair representations are involved, CROA has a separate original-creditor exclusion limited to assistance restructuring the debt owed to that creditor. [South Dakota Consumer Protection+1](https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf)\n\n## Full scope-coverage and gap table\n\n| Component | Status | Claims | What is answered | Missing evidence / exact next investigation |\n| --- | --- | --- | --- | --- |\n| Current statutory text and compilation status | **Answered with version limit** | C001–C003, C033–C034 | Current official compilation label; complete Chapter 37-34 text; statutory history shown on current sources | Retrieve and compare complete SL 1990 ch.387, SL 1991 ch.196, SL 1993 ch.181, and SL 2005 ch.120 §295 to document every historical wording change |\n| Custodial DMP/debt pooling | **Answered** | C002–C005 | Clearly covered | Agreement, trust, handling, and processor duties remain later work |\n| Noncustodial principal-reduction settlement | **Answered** | C003–C005 | Fee-based compromise can be covered without custody | Fact-specific edge for information-only or software models |\n| Budget/credit counseling | **Partial** | C003 | Paid debt-management counseling covered; nonprofit activity may be excepted | Find authority on free education and counseling without a debt-specific contract |\n| Consumer versus business-purpose debt | **Partial** | C006 | No express consumer-purpose limit | Search historical session materials and case law for commercial-debt construction |\n| Secured versus unsecured debt | **Partial** | C006 | No Chapter 37-34 distinction | Separate mortgage, vehicle, agricultural, tax, student-loan, and secured-credit overlays |\n| Remote/out-of-state provider nexus | **Unresolved** | C007 | No express remote carveout; form references business within the state | Search UJS decisions, trial dockets, AG opinions, and enforcement records for internet/telephone nexus |\n| Default prohibition | **Answered** | C008 | Prohibition and Class 2 misdemeanor established | Penalty amount and enforcement procedure remain remedies pass |\n| Ten statutory exceptions | **Answered textually** | C009, C016–C020 | All ten mapped with conditions | Entity-specific qualification and judicial interpretation remain fact-dependent |\n| Self-creditor boundary | **Partial** | C021 | No express state exception | Find state authority distinguishing own-debt modification from third-party debt adjusting |\n| Bond access route | **Answered** | C010–C014 | $50,000 AG-approved, filed, and maintained bond route established | Bond duration, cancellation notice, continuation, replacement, claims, amendment, and lapse effects |\n| Application/filer instructions | **Partial** | C012–C013 | Public form execution requirements established | Locate submission address, processing instructions, application checklist, fee, review standard, and approval evidence beyond the bond form |\n| Public provider lookup | **Unresolved** | C015, C035 | Company Search rejected as authorization lookup | Inspect any publicly exposed AG bond index or document-management search; absent that, provider status remains held without contacting the agency |\n| Named-provider authorization | **Excluded/unresolved** | C035 | No named provider assessed | Obtain actual AG-approved and currently maintained bond record; no reliance on advertising |\n| State fee bases and caps | **Answered as bounded negative** | C022, C024 | No Chapter 37-34 cap/formula and no responsive ARSD rule found | Broader general-law unconscionability, deceptive-practice, fiduciary, and contract review |\n| Indexed/adjusted amounts | **Answered as bounded negative** | C022, C024 | No CPI mechanism or adjustment notice located | Recheck any unindexed AG bulletins and archived rulemaking dockets |\n| State advance-fee/earned-fee timing | **Answered as bounded negative** | C023, C025 | No chapter-specific trigger; bond not advance-fee permission | General contract, restitution, fiduciary, and consumer-protection doctrines |\n| State refund/cancellation/credit rules | **Unresolved outside chapter** | C023 | No Chapter 37-34 rule | Review general cancellation, contract, UDAP, money-transmission, and custody laws |\n| TSR debt-relief timing | **Answered conditionally** | C026–C030 | Definition, triggers, allocation, dedicated-account refund, and principal exemptions | Transaction-specific telemarketing, jurisdiction, seller, assistance, and debt-type facts |\n| TSR credit-repair timing | **Answered conditionally** | C031 | Separate six-month/report-based timing identified | Actual marketing claims and permissible-purpose facts |\n| CROA overlap | **Answered conditionally** | C032 | Definition, exclusions, advance payment, contract, cancellation | Actual representations, organizational status, and service-completion facts |\n| Agreement contents and disclosures | **Open parent dimension** | — | Not accepted by implication | Full state/federal contract, disclosure, cancellation, authorization, and electronic-signature pass |\n| Consumer funds, trust, custody, and processors | **Open parent dimension** | C005, C029 | Federal dedicated-account baseline only | State trust, escrow, money-transmission, processor, authorization, commingling, and reconciliation analysis |\n| Bond claims and surety remedies | **Open parent dimension** | C010–C014 | Bond condition identified | Who may claim, limitation period, aggregate exhaustion, notice, cancellation, replacement, suit procedure |\n| Enforcement, remedies, and private rights | **Open parent dimension** | C008 | Criminal classification identified | AG powers, prosecution procedure, civil remedies, restitution, private action, contract invalidity |\n| Collections, litigation, and limitations | **Open parent dimension** | — | Not investigated except necessary boundaries | Full FDCPA/state collector, lawsuit, judgment, limitation, revival, venue, and settlement-enforcement passes |\n| Exempt property and garnishment | **Open parent dimension** | — | Not investigated | Separate state exemption/garnishment pass |\n| Sector-specific debt | **Open parent dimension** | C006 | No general chapter exclusion identified | Mortgage, HELOC, student, tax, medical, agricultural, utility, auto, secured, and government-debt laws |\n| Local and tribal law | **Open parent dimension** | — | Not investigated | Municipal/home-rule search and tribal-jurisdiction analysis |\n| General contract, UDAP, usury, tax | **Open parent dimension** | C025 | Not accepted by state silence | Full contract formation/enforceability, deceptive-practice, lending/usury, cancellation-of-debt tax, and fee-characterization work |\n| Comprehensive case law | **Partial/unresolved** | C036 | No on-point published result located in targeted official searches | Search historical cite §22-47, current cite §37-34, variants of “debt adjuster,” unpublished opinions, trial dockets, and paid legal databases |\n| Full state/A066 acceptance | **Expressly excluded** | — | This is one component only | Complete all parent-state dimensions and coordinator review before any acceptance |\n\n# E. Researcher self-check\n\n## Actually read or directly checked\n\n- The complete two-page Attorney General reproduction of SDCL §§37-34-1 through 37-34-3, including all ten exceptions.\n- The current official LRC code index and current section locators; the index was labeled effective September 2, 2026.\n- The full five-page Attorney General debt-adjustment bond instruction/form packet.\n- The current AG Consumer Protection resources page linking the statute and bond.\n- The July 2026 AG records-retention schedule’s debt-adjustment-bond entry.\n- The FY2027 Attorney General budget brief’s debt-adjustment-bond performance row.\n- The AG “Company Search” page and its explicit limitations.\n- The relevant printed pages of the 2019–2020 AG Consumer Handbook.\n- The Chapter 54-13 mediator locator and agricultural-credit-mediation definition.\n- Current eCFR §§310.2, 310.4, and 310.6, including the displayed currency date.\n- The FTC’s debt-relief TSR staff guide and its nonbinding-status statement.\n- Current House U.S. Code CROA currency material and §1679a.\n- The official GovInfo annual-edition CROA provisions for advance payment, contract formation, and cancellation.\n- PDF pages containing the operative statute, bond form, AG records entry, budget indicator, handbook material, and CROA text were also visually checked rather than relying only on parsed PDF text.\n\n## Searched but not established\n\n- No responsive debt-adjusting-specific ARSD chapter, fee schedule, fee-adjustment bulletin, or adoption order was located.\n- No public debt-adjuster approval roster or bond-status lookup was located.\n- No on-point published South Dakota appellate decision or official AG opinion interpreting the material boundaries was located in the targeted official-domain searches.\n- No current or future-effective 2026 amendment to Chapter 37-34 was identified in the targeted official session/statute searches.\n- No named provider’s approval was investigated or established.\n\nThese are bounded search results, not claims that inaccessible, unindexed, nonpublic, trial-level, or paid-database materials do not exist.\n\n## Not read or not completed\n\n- Full original session-law texts for 1990, 1991, 1993, and the complete 2005 transfer act.\n- Every South Dakota trial-court docket or unpublished decision.\n- Nonpublic AG bond files or correspondence.\n- Surety cancellation, renewal, claims, exhaustion, and replacement law.\n- General corporate qualification and foreign-entity requirements.\n- Full state contract, disclosure, trust, custody, money-transmission, UDAP, restitution, or private-remedy law.\n- Collection, litigation, limitation, secured-debt, sector-specific, local, or tribal dimensions.\n- Provider-specific application or authorization evidence.\n\n## Access and method limitations preserved\n\n- The LRC interactive statute and administrative-rule pages displayed JavaScript/browser warnings. Current indexed text and the AG’s official statute PDF were used to recover the operative language.\n- The separate South Dakota rulemaking portal timed out on direct access.\n- A historical AG debt-relief press-release route that did not load was not used as authority.\n- Search snippets were used only for discovery/current-page confirmation; consequential statutory assertions were taken from actual official text.\n- The 2015 date on the bond packet was preserved; its continued live link in 2026 was not converted into a claim that every instruction had been formally reissued in 2026.\n- The 2019–2020 handbook was treated as nonbinding historical consumer guidance.\n- The AG records schedule’s apparent “34-34-3” typo was not treated as controlling law.\n- The budget’s bond figures were not converted into a count of unique active providers.\n- No Chrome control, Work mode, browser permissions, other chats, contacts, filings, purchases, CAPTCHA workarounds, account changes, private borrower information, or site publication occurred.\n- No local-file write or publication-readiness claim is made.\n- This self-check is not an independent review.\n\n**Final component conclusion:** South Dakota has a broad debt-adjusting definition and a default criminal prohibition, but it offers an unusually direct residual pathway through an Attorney General-approved and maintained $50,000 bond. The chapter does not establish a consumer-fee schedule or state earned-fee timing rule. Consequently, market access must be proven through the actual exception/bond facts, while fee amount, timing, refunds, and federal overlays must be analyzed separately. A company’s marketing label, attorney connection, nonprofit claim, surety advertisement, or appearance in a general company database is not enough.\n\nEND S_SD PASS-01.\n\n","tables":[{"headers":["Business model","South Dakota classification in this pass","Conditions and boundary"],"index":0,"links":[],"row_links":[[],[],[],[],[],[],[],[],[],[],[],[],[],[]],"rows":[["Business model","South Dakota classification in this pass","Conditions and boundary"],["Provider takes periodic consumer payments and distributes them among creditors","Clearly covered","This is the definition’s core custodial model."],["Debt-management plan obtaining lower rates, waived fees, or changed terms while distributing payments","Clearly covered","“Debt management” and debt pooling are expressly named; custody independently fits the first sentence."],["Noncustodial debt settlement seeking principal reduction while consumer pays creditors directly","Covered when the provider contracts for a fee to effect compromise, adjustment, or discharge","Physical possession of settlement funds is not required by the fee-contract branch."],["Provider negotiates only interest, monthly-payment, late-fee, or term concessions","Covered when performed as fee-based debt management or adjustment","“Adjustment” is broader than principal forgiveness."],["Independent dedicated-account administrator holds the consumer’s savings","Debt-relief provider remains covered if it contracts for the adjustment service","Outsourcing custody does not remove the fee-based compromise branch. The account administrator’s separate status was not fully investigated."],["Credit-counseling organization operating a DMP","Covered","A nonprofit may have an exception under §37-34-3(5), but the underlying activity remains debt adjusting."],["Paid budget counseling tied to individualized debt management","Strongly within the text","“Budget counseling” is expressly included."],["Free, general financial education with no individualized debt-management contract, no fee, and no funds handling","Unresolved edge","The express reference to budget counseling cautions against a categorical exclusion, but no decision or official interpretation was found resolving an information-only program outside the business/contract context."],["Software or self-help tool that supplies information but does not negotiate, receive funds, contract to adjust debts, or hold itself out as doing so","Potentially outside, fact-dependent","No software, publisher, or information-service safe harbor appears in Chapter 37-34. The actual representations and services would control."],["Original creditor modifying only its own account","No express self-creditor exception","A creditor merely restructuring its own debt without a separate debtor-paid adjustment service or multi-creditor distribution may fall outside the definition rather than within an exception. That boundary is not resolved by an on-point South Dakota authority located in this pass."],["Business-purpose or commercial debt negotiation","Not textually excluded","The statute uses “debtor” and “any account, note, or other indebtedness,” without an express personal, family, or household limitation. Categorical commercial-debt coverage remains held because no controlling interpretation was found."],["Secured-debt modification","Not textually excluded by Chapter 37-34","The chapter contains no secured/unsecured distinction. Mortgage, vehicle, agricultural, and other sector-specific overlays remain open."],["Out-of-state internet or telephone provider serving a South Dakota resident","Material nexus risk; categorical answer held","The statute has no express remote-provider or resident-only clause. The AG form refers to conducting business “within the State,” but no controlling case or official interpretation was found defining when a remote contract crosses that line."]]},{"headers":["§37-34-3 exception","Who or what qualifies","Conditions that cannot be skipped"],"index":1,"links":[],"row_links":[[],[],[],[],[],[],[],[],[],[],[]],"rows":[["§37-34-3 exception","Who or what qualifies","Conditions that cannot be skipped"],["(1) Law practice","Debt adjusting incidentally occurring in the lawful practice of law in South Dakota","The adjustment must be incidental to lawful law practice. An attorney referral, nominal attorney affiliation, law-firm branding, or outsourced attorney review does not by itself establish the exception."],["(2) Banks and fiduciaries","Banks and fiduciaries duly authorized and admitted to transact business in South Dakota","The credit or financial adjustment service must occur in the regular course of the entity’s principal business."],["(3) Title/abstract escrow","Title insurers and abstract companies","Only while doing an escrow business."],["(4) Court-directed actors","Judicial officers or others acting under court orders","Requires actual judicial office or court-order authority, not merely litigation-related work."],["(5) Nonprofit/charitable entities","Nonprofit or charitable corporations or associations engaged in debt adjusting","Actual qualifying entity status matters. A label, marketing claim, fiscal sponsor, or nonprofit partner does not prove that the contracting provider is the exempt entity. The state text does not expressly require §501(c)(3), but federal CROA and TSR treatment must be examined separately."],["(6) Trade/mercantile associations","Bona fide trade or mercantile associations","Limited to arranging debt adjustments with business establishments in the course of that association activity."],["(7) Employers","Employers adjusting debts for their employees","Employer–employee relationship required."],["(8) Loan/disbursement model","Person who, at the debtor’s request, arranges or makes a loan and, with the debtor’s authorization, adjusts debts through disbursement of the loan proceeds","The provider must receive no compensation for the debt-adjusting services. A separate fee relabeled as processing, facilitation, consulting, or program setup could defeat this exception if it is compensation for the adjusting service. Other lending charges were not investigated here."],["(9) Chapter 54-13 mediator","Person serving as mediator under Chapter 54-13","Chapter 54-13 concerns South Dakota’s agricultural-credit mediation program, not generic private mediation."],["(10) Bonded person","Any person filing and maintaining an AG-approved bond","Bond penal sum is $50,000; it is conditioned on faithful performance and payment of obligations and damage claims arising in the debt-adjuster business."]]},{"headers":["Fee issue","Result of this pass"],"index":2,"links":[],"row_links":[[],[],[],[],[],[],[],[],[],[],[],[],[],[],[]],"rows":[["Fee issue","Result of this pass"],["Setup or enrollment fee cap","No debt-adjusting-specific cap found in Chapter 37-34"],["Monthly maintenance fee cap","No debt-adjusting-specific cap found"],["Settlement fee percentage","No state percentage established"],["Fee based on enrolled debt","No state formula established"],["Fee based on savings","No state formula established"],["Per-debt fee","No state formula established"],["Aggregate fee cap","No state cap established"],["Minimum or maximum debt threshold","None established in Chapter 37-34"],["CPI/indexed adjustment","No indexing provision or current adjustment notice located"],["Cancellation fee","No Chapter 37-34 rule established"],["Refund or earned-fee credit","No Chapter 37-34 rule established"],["Government filing/application fee","No separate debt-adjusting application fee located"],["Bond amount","$50,000 penal sum, but this is provider security—not a fee and not a cap on consumer charges"],["Loan/disbursement exception","Adjustment services must be performed without compensation under §37-34-3(8)"]]},{"headers":["Source ID","Title, issuer, and direct literal URL","Exact pinpoint, status, and limitations"],"index":3,"links":[{"href":"https://sdlegislature.gov/Statutes","text":"South Dakota Legislature"},{"href":"https://sdlegislature.gov/Statutes/37-34-1","text":"South Dakota Legislature\n+3"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Statute=22-47&Type=Statute","text":"South Dakota Legislature\n+1"},{"href":"https://consumer.sd.gov/resources.aspx","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf","text":"South Dakota Consumer Protection"},{"href":"https://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78","text":"South Dakota"},{"href":"https://mylrc.sdlegislature.gov/api/Documents/Attachment/295234.pdf?Year=2026","text":"My LRC"},{"href":"https://consumer.sd.gov/companysearch/","text":"South Dakota Consumer Protection"},{"href":"https://sdlegislature.gov/Rules/Administrative","text":"South Dakota Legislature"},{"href":"https://sdlegislature.gov/Statutes/54-13","text":"South Dakota Legislature\n+1"},{"href":"https://consumer.sd.gov/docs/AttGeneralRESOURCES.pdf","text":"South Dakota Consumer Protection\n+4"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","text":"eCFR"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR\n+3"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","text":"eCFR"},{"href":"https://www.ftc.gov/business-guidance/resources/debt-relief-services-telemarketing-sales-rule-guide-business","text":"Federal Trade Commission"},{"href":"https://uscode.house.gov/us/usc/119-118/t15/s1679a/","text":"U.S. Code\n+1"},{"href":"https://www.govinfo.gov/content/pkg/USCODE-2024-title15/pdf/USCODE-2024-title15-chap41-subchapII-A.pdf","text":"GovInfo\n+3"}],"row_links":[[],[{"href":"https://sdlegislature.gov/Statutes","text":"South Dakota Legislature"}],[{"href":"https://sdlegislature.gov/Statutes/37-34-1","text":"South Dakota Legislature\n+3"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Statute=22-47&Type=Statute","text":"South Dakota Legislature\n+1"}],[{"href":"https://consumer.sd.gov/resources.aspx","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf","text":"South Dakota Consumer Protection"}],[{"href":"https://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78","text":"South Dakota"}],[{"href":"https://mylrc.sdlegislature.gov/api/Documents/Attachment/295234.pdf?Year=2026","text":"My LRC"}],[{"href":"https://consumer.sd.gov/companysearch/","text":"South Dakota Consumer Protection"}],[{"href":"https://sdlegislature.gov/Rules/Administrative","text":"South Dakota Legislature"}],[{"href":"https://sdlegislature.gov/Statutes/54-13","text":"South Dakota Legislature\n+1"}],[{"href":"https://consumer.sd.gov/docs/AttGeneralRESOURCES.pdf","text":"South Dakota Consumer Protection\n+4"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","text":"eCFR"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR\n+3"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","text":"eCFR"}],[{"href":"https://www.ftc.gov/business-guidance/resources/debt-relief-services-telemarketing-sales-rule-guide-business","text":"Federal Trade Commission"}],[{"href":"https://uscode.house.gov/us/usc/119-118/t15/s1679a/","text":"U.S. Code\n+1"}],[{"href":"https://www.govinfo.gov/content/pkg/USCODE-2024-title15/pdf/USCODE-2024-title15-chap41-subchapII-A.pdf","text":"GovInfo\n+3"}]],"rows":[["Source ID","Title, issuer, and direct literal URL","Exact pinpoint, status, and limitations"],["S_SD-P1-S001","South Dakota Legislature, “Codified Laws” \\nhttps://sdlegislature.gov/Statutes","Official index labeled the codified laws effective September 2, 2026. Direct page rendered a JavaScript warning, so it was used for compilation status rather than operative text. \nSouth Dakota Legislature"],["S_SD-P1-S002","South Dakota Legislature, Chapter 37-34 and individual sections \\nhttps://sdlegislature.gov/Statutes/37-34 \\nhttps://sdlegislature.gov/Statutes/37-34-1 \\nhttps://sdlegislature.gov/Statutes/37-34-2 \\nhttps://sdlegislature.gov/Statutes/37-34-3","Current official section locators and indexed current text. Interactive pages were not fully readable without JavaScript; used to confirm current section identity and cross-check the AG PDF. \nSouth Dakota Legislature\n+3"],["S_SD-P1-S003","South Dakota Attorney General, “Debt Adjusting—37-34-1 to 37-34-3” \\nhttps://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","Full two-page operative text freshly read and visually checked. Page 1: §§37-34-1 and 37-34-2; page 2: all ten §37-34-3 exceptions. No standalone revision date printed; currently linked from S005 and cross-checked against S002. \nSouth Dakota Consumer Protection"],["S_SD-P1-S004","South Dakota Legislature, former Chapter 22-47, “Debt Adjusting [Transferred]” \\nhttps://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Statute=22-47&Type=Statute","Historical locator. §§22-47-1 through -3 transferred to §§37-34-1 through -3 by 2005 Session Laws chapter 120, §295, effective July 1, 2006. Historical transfer only. \nSouth Dakota Legislature\n+1"],["S_SD-P1-S005","South Dakota Attorney General, Consumer Protection “Resources” \\nhttps://consumer.sd.gov/resources.aspx","Current live resource page, “Forms & Statutes,” linking “Debt Adjusting SDCL 37-34” and “Bond Form: Debt Adjusting.” No legal effective date printed. \nSouth Dakota Consumer Protection"],["S_SD-P1-S006","South Dakota Attorney General, “SDCL 37-34-3 Debt Adjusting—Bond Instructions” \\nhttps://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf","Five-page packet, filename/document version 2015, still live-linked on S005. Instructions pp. 1–3; bond form pp. 4–5. Operational procedure, not a substitute for statutory authority. \nSouth Dakota Consumer Protection"],["S_SD-P1-S007","South Dakota Bureau of Administration / Attorney General, “Records Retention and Destruction Schedule” \\nhttps://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78","Memorandum dated July 30, 2026. PDF page 112 of 135/internal schedule page 87, series AG-136. Describes bond records and permanent retention. Contains apparent typo “34-34-3”; operational evidence only. \nSouth Dakota"],["S_SD-P1-S008","South Dakota Legislative Research Council, “Detail Attorney General Brief FY27” \\nhttps://mylrc.sdlegislature.gov/api/Documents/Attachment/295234.pdf?Year=2026","Internal page 14/PDF page 15, performance indicators. Reports 50, 49, 50, 50 debt-adjustment bonds for actual FY2024, actual FY2025, estimated FY2026, estimated FY2027. Not a provider roster. Printed timestamp shown in PDF: January 4, 2025. \nMy LRC"],["S_SD-P1-S009","South Dakota AG Consumer Protection, “Company Search” \\nhttps://consumer.sd.gov/companysearch/","Current scam-website URL search. Page expressly says absence does not establish legitimacy. Not an authorization or bond lookup. \nSouth Dakota Consumer Protection"],["S_SD-P1-S010","South Dakota Legislature, Administrative Rules index; South Dakota rulemaking portal \\nhttps://sdlegislature.gov/Rules/Administrative \\nhttps://rules.sd.gov/","Discovery/search route. Administrative index required JavaScript; rulemaking portal timed out. Exact official-domain searches for debt-adjusting terminology produced no responsive debt-adjusting rule or fee schedule. Negative result is bounded by indexing/access limits. \nSouth Dakota Legislature"],["S_SD-P1-S011","South Dakota Legislature, Chapter 54-13, State Farm Mediation Board \\nhttps://sdlegislature.gov/Statutes/54-13 \\nhttps://sdlegislature.gov/Statutes/54-13-1","§54-13-1 definition of agricultural-credit mediation; used to delimit §37-34-3(9). \nSouth Dakota Legislature\n+1"],["S_SD-P1-S012","South Dakota Attorney General, Consumer Handbook \\nhttps://consumer.sd.gov/docs/AttGeneralRESOURCES.pdf","2019–2020 handbook. Printed pp. 51–54 discuss credit counseling, DMPs, debt settlement, TSR timing, and dedicated accounts. Handbook expressly says it is informational and not legal advice or state policy; used only as nonbinding agency guidance. \nSouth Dakota Consumer Protection\n+4"],["S_SD-P1-S013","eCFR, 16 C.F.R. §310.2 \\nhttps://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","§310.2(n) customer; §310.2(o) debt-relief-service definition. eCFR is authoritative but unofficial. \neCFR"],["S_SD-P1-S014","eCFR, 16 C.F.R. §310.4 \\nhttps://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","Current display up to date October 22, 2026; Title 16 last amended October 19, 2026. §310.4(a)(2) credit-improvement timing; §310.4(a)(5)(i)(A)–(C) debt-relief triggers/allocation; §310.4(a)(5)(ii)(A)–(E) dedicated-account conditions. \neCFR\n+3"],["S_SD-P1-S015","eCFR, 16 C.F.R. §310.6 \\nhttps://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","§310.6(b)(3)–(7), including face-to-face, unsolicited inbound, advertising/direct-mail debt-relief carvebacks, and business-call provisions. \neCFR"],["S_SD-P1-S016","Federal Trade Commission, “Debt Relief Services & the Telemarketing Sales Rule: A Guide for Business” \\nhttps://www.ftc.gov/business-guidance/resources/debt-relief-services-telemarketing-sales-rule-guide-business","July 2010 staff guide. Coverage discussion, attorney/nonprofit guidance, fee examples, and dedicated-account explanation. The guide expressly says it is nonbinding; current eCFR controls. \nFederal Trade Commission"],["S_SD-P1-S017","Office of the Law Revision Counsel, current Title 15/CROA \\nhttps://uscode.house.gov/us/usc/119-124/t15/chapter41-front.html \\nhttps://uscode.house.gov/us/usc/119-118/t15/s1679a/","Chapter page states current through Public Law 119-124, October 15, 2026. §1679a page supplies the credit-repair definition and exclusions. \nU.S. Code\n+1"],["S_SD-P1-S018","GovInfo, 2024 annual-edition CROA PDF \\nhttps://www.govinfo.gov/content/pkg/USCODE-2024-title15/pdf/USCODE-2024-title15-chap41-subchapII-A.pdf","Exact annual-edition text: §1679a definitions/exclusions; §1679b(b) advance payment; §1679d written contract/three-business-day delay; §1679e cancellation. Used with S017’s 2026 currency check, not represented as a standalone October 2026 codification. \nGovInfo\n+3"]]},{"headers":["Claim ID","Precise assertion","Source IDs and pinpoints","Conditions, exceptions, and confidence limit"],"index":4,"links":[{"href":"https://sdlegislature.gov/Statutes","text":"South Dakota Legislature"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"},{"href":"https://consumer.sd.gov/resources.aspx","text":"South Dakota Consumer Protection\n+1"},{"href":"https://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf","text":"South Dakota Consumer Protection"},{"href":"https://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78","text":"South Dakota\n+1"},{"href":"https://consumer.sd.gov/companysearch/","text":"South Dakota Consumer Protection\n+1"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"},{"href":"https://sdlegislature.gov/Rules/Administrative","text":"South Dakota Legislature\n+2"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","text":"eCFR"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","text":"eCFR"},{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR\n+1"},{"href":"https://uscode.house.gov/us/usc/119-118/t15/s1679a/","text":"U.S. Code\n+3"},{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+2"},{"href":"https://sdlegislature.gov/Statutes","text":"South Dakota Legislature\n+2"},{"href":"https://consumer.sd.gov/resources.aspx","text":"South Dakota Consumer Protection\n+1"}],"row_links":[[],[{"href":"https://sdlegislature.gov/Statutes","text":"South Dakota Legislature"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"}],[{"href":"https://consumer.sd.gov/resources.aspx","text":"South Dakota Consumer Protection\n+1"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf","text":"South Dakota Consumer Protection"}],[{"href":"https://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78","text":"South Dakota\n+1"}],[{"href":"https://consumer.sd.gov/companysearch/","text":"South Dakota Consumer Protection\n+1"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com","text":"South Dakota Consumer Protection"}],[{"href":"https://sdlegislature.gov/Rules/Administrative","text":"South Dakota Legislature\n+2"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+1"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","text":"eCFR"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","text":"eCFR"}],[{"href":"https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","text":"eCFR\n+1"}],[{"href":"https://uscode.house.gov/us/usc/119-118/t15/s1679a/","text":"U.S. Code\n+3"}],[{"href":"https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","text":"South Dakota Consumer Protection\n+2"}],[{"href":"https://sdlegislature.gov/Statutes","text":"South Dakota Legislature\n+2"}],[{"href":"https://consumer.sd.gov/resources.aspx","text":"South Dakota Consumer Protection\n+1"}],[]],"rows":[["Claim ID","Precise assertion","Source IDs and pinpoints","Conditions, exceptions, and confidence limit"],["S_SD-P1-C001","The official South Dakota codified-law index was labeled effective September 2, 2026.","S001; index heading. \nSouth Dakota Legislature","High confidence as to the index label; not a certification against every later uncodified event."],["S_SD-P1-C002","A contract under which the debtor periodically gives value to a provider that distributes it among creditors for consideration is debt adjusting.","S003, §37-34-1, PDF p.1. \nSouth Dakota Consumer Protection","High textual confidence."],["S_SD-P1-C003","Debt adjustment, budget counseling, debt management, debt pooling, and fee-based efforts to adjust, compromise, or discharge indebtedness are expressly included.","S003, §37-34-1. \nSouth Dakota Consumer Protection","High textual confidence."],["S_SD-P1-C004","A noncustodial principal-reduction provider can be covered even when it never possesses settlement funds.","S003, §37-34-1 fee-contract branch. \nSouth Dakota Consumer Protection","Strong textual inference; no contrary South Dakota interpretation located."],["S_SD-P1-C005","Direct consumer payment to creditors or use of an independent dedicated account does not by itself remove a fee-based negotiation provider from the state definition.","S003, §37-34-1. \nSouth Dakota Consumer Protection","Strong inference from alternative definition branches; account administrator’s separate status remains open."],["S_SD-P1-C006","Chapter 37-34 contains no express personal/family/household-purpose limitation and no express secured/unsecured distinction.","S003, §37-34-1. \nSouth Dakota Consumer Protection","Textual observation; categorical commercial- and secured-debt applications remain unresolved."],["S_SD-P1-C007","Chapter 37-34 contains no express remote-provider or resident-only rule.","S003, §§37-34-1 to -3; S006 bond recital. \nSouth Dakota Consumer Protection\n+1","Remote nexus held; bond form’s “within the State” language is operational, not a judicial nexus test."],["S_SD-P1-C008","Unless §37-34-3 applies, engaging in the business of debt adjusting is prohibited and is a Class 2 misdemeanor.","S003, §37-34-2. \nSouth Dakota Consumer Protection","High confidence; punishment details outside this pass."],["S_SD-P1-C009","Section 37-34-3 contains ten exceptions, including a residual bond exception available to “any person.”","S003, §37-34-3(1)–(10). \nSouth Dakota Consumer Protection","High confidence as to text; entity-specific eligibility requires facts."],["S_SD-P1-C010","The residual commercial access route requires filing and maintaining an AG-approved $50,000 bond.","S003, §37-34-3(10). \nSouth Dakota Consumer Protection","High confidence. Other laws remain applicable."],["S_SD-P1-C011","The $50,000 figure is the bond’s penal sum, not a consumer-fee ceiling or authorized charge.","S003, §37-34-3(10); S006 bond p.4. \nSouth Dakota Consumer Protection\n+1","High confidence."],["S_SD-P1-C012","Current publicly linked instructions require the prescribed wording, original bond, signatures, same-day power of attorney, acknowledgments, notarization, and surety’s South Dakota agent.","S005; S006, instructions pp.1–3. \nSouth Dakota Consumer Protection\n+1","Operational material versioned 2015 but still live-linked in 2026."],["S_SD-P1-C013","AG approval is an actual condition of the public bond form.","S006, bond p.4, approval line. \nSouth Dakota Consumer Protection","High confidence; no separate certificate located."],["S_SD-P1-C014","State records and budget materials indicate ongoing administration of debt-adjustment bonds.","S007, AG-136; S008, internal p.14. \nSouth Dakota\n+1","Counts are not proven to equal unique active providers."],["S_SD-P1-C015","No public debt-adjuster authorization roster was established, and the AG Company Search is not such a registry.","S009; S005–S008. \nSouth Dakota Consumer Protection\n+1","Bounded search result; nonpublic or unindexed records may exist."],["S_SD-P1-C016","The attorney exception is limited to debt adjusting incidentally arising in lawful South Dakota law practice.","S003, §37-34-3(1). \nSouth Dakota Consumer Protection","Attorney involvement alone is insufficient; no case defining “incidentally” located."],["S_SD-P1-C017","The nonprofit exception applies to qualifying nonprofit or charitable corporations or associations, but does not itself approve a fee or establish federal nonprofit status.","S003, §37-34-3(5); S017, 15 U.S.C. §1679a. \nSouth Dakota Consumer Protection\n+1","Actual entity and federal-tax facts required."],["S_SD-P1-C018","Banks/fiduciaries, title/abstract escrow actors, court-directed actors, trade/mercantile associations, and employers have activity-specific exceptions.","S003, §37-34-3(2)–(7). \nSouth Dakota Consumer Protection","Each condition must be satisfied; no blanket institutional exemption."],["S_SD-P1-C019","The loan/disbursement exception requires debtor request, debtor authorization, disbursement of loan proceeds, and no compensation for adjusting the debts.","S003, §37-34-3(8). \nSouth Dakota Consumer Protection","A separate loan charge may need characterization under later lending/contract work."],["S_SD-P1-C020","The mediator exception refers to the agricultural-credit mediation program in Chapter 54-13.","S003, §37-34-3(9); S011, §54-13-1. \nSouth Dakota Consumer Protection\n+1","Not a generic private-mediator exemption."],["S_SD-P1-C021","There is no express self-creditor exception in §37-34-3.","S003, §37-34-3. \nSouth Dakota Consumer Protection","An original creditor modifying only its own debt may instead fall outside the service definition; unresolved."],["S_SD-P1-C022","Chapter 37-34 supplies no setup, monthly, percentage, savings, per-debt, or aggregate fee limit.","S003, complete chapter. \nSouth Dakota Consumer Protection","High confidence as to the chapter; general and sector laws remain open."],["S_SD-P1-C023","Chapter 37-34 supplies no state-specific performance trigger, cancellation-fee rule, earned-fee allocation, or refund timetable.","S003, complete chapter. \nSouth Dakota Consumer Protection","High confidence as to the chapter; no responsive ARSD rule located."],["S_SD-P1-C024","No responsive debt-adjusting ARSD fee rule or adjustment notice was located after exact official-domain searches.","S010 and recorded query set. \nSouth Dakota Legislature\n+2","Moderate confidence; portal/indexing limitations require a hold rather than absolute nonexistence claim."],["S_SD-P1-C025","A state bond or exception is not affirmative authorization for advance fees or any particular fee amount.","S003; S014. \nSouth Dakota Consumer Protection\n+1","Legal synthesis; other laws independently apply."],["S_SD-P1-C026","For TSR purposes, debt relief includes represented alteration of unsecured debt terms, including balance, interest, or fees.","S013, §310.2(o). \neCFR","Federal telemarketing scope only; not the state definition."],["S_SD-P1-C027","A covered provider may not request or receive a fee until a debt is altered under a valid customer-executed agreement and the customer makes at least one payment under it.","S014, §310.4(a)(5)(i)(A)–(B). \neCFR","All conditions required; a creditor offer alone or consumer deposit alone is insufficient."],["S_SD-P1-C028","Individual-debt fees must follow either proportional enrolled-balance allocation or one constant savings percentage.","S014, §310.4(a)(5)(i)(C). \neCFR","Same method must be applied consistently; savings use amount actually paid to satisfy."],["S_SD-P1-C029","A compliant dedicated account remains consumer-owned and requires return of unearned funds within seven business days after withdrawal.","S014, §310.4(a)(5)(ii)(A)–(E). \neCFR","Applies only to covered TSR arrangement; earned-fee characterization still requires all triggers."],["S_SD-P1-C030","General inbound-call exemptions do not shield calls responding to debt-relief advertising or relevant direct mail.","S015, §310.6(b)(5)–(6). \neCFR","Other exemptions and residual provisions require transaction-specific analysis."],["S_SD-P1-C031","Credit-improvement representations may trigger the separate §310.4(a)(2) delayed-payment test.","S014, §310.4(a)(2). \neCFR\n+1","Conditional; debt relief is not automatically credit repair."],["S_SD-P1-C032","CROA separately prohibits advance payment before full performance and imposes written-contract and cancellation rules where its definition applies.","S017–S018, 15 U.S.C. §§1679a, 1679b(b), 1679d, 1679e. \nU.S. Code\n+3","Requires actual credit-improvement purpose/representations; statutory exclusions must be evaluated separately."],["S_SD-P1-C033","The current sections trace to 1990 enactment, 1991/1993 amendments, and a 2005 transfer effective July 1, 2006.","S003 source histories; S004. \nSouth Dakota Consumer Protection\n+2","Historical session-law text was not fully reconstructed in this pass."],["S_SD-P1-C034","No current, future-effective, proposed, stayed, vacated, expired, or withdrawn 2026 change to Chapter 37-34 was identified in the targeted official searches.","S001–S004 plus 2026 official-domain searches. \nSouth Dakota Legislature\n+2","Bounded search conclusion, not an absolute certification against every unindexed document."],["S_SD-P1-C035","No named provider’s current bond approval or authorization was verified.","S005–S009. \nSouth Dakota Consumer Protection\n+1","Provider-specific status requires the actual approved and maintained bond record or equally authoritative evidence."],["S_SD-P1-C036","No on-point published South Dakota appellate decision or official AG opinion interpreting the material Chapter 37-34 boundaries was located in targeted official-domain searches.","Research route described in self-check.","Moderate/limited confidence; comprehensive docket, trial-level, and paid-database case research remains open."]]},{"headers":["Component","Status","Claims","What is answered","Missing evidence / exact next investigation"],"index":5,"links":[],"row_links":[[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[],[]],"rows":[["Component","Status","Claims","What is answered","Missing evidence / exact next investigation"],["Current statutory text and compilation status","Answered with version limit","C001–C003, C033–C034","Current official compilation label; complete Chapter 37-34 text; statutory history shown on current sources","Retrieve and compare complete SL 1990 ch.387, SL 1991 ch.196, SL 1993 ch.181, and SL 2005 ch.120 §295 to document every historical wording change"],["Custodial DMP/debt pooling","Answered","C002–C005","Clearly covered","Agreement, trust, handling, and processor duties remain later work"],["Noncustodial principal-reduction settlement","Answered","C003–C005","Fee-based compromise can be covered without custody","Fact-specific edge for information-only or software models"],["Budget/credit counseling","Partial","C003","Paid debt-management counseling covered; nonprofit activity may be excepted","Find authority on free education and counseling without a debt-specific contract"],["Consumer versus business-purpose debt","Partial","C006","No express consumer-purpose limit","Search historical session materials and case law for commercial-debt construction"],["Secured versus unsecured debt","Partial","C006","No Chapter 37-34 distinction","Separate mortgage, vehicle, agricultural, tax, student-loan, and secured-credit overlays"],["Remote/out-of-state provider nexus","Unresolved","C007","No express remote carveout; form references business within the state","Search UJS decisions, trial dockets, AG opinions, and enforcement records for internet/telephone nexus"],["Default prohibition","Answered","C008","Prohibition and Class 2 misdemeanor established","Penalty amount and enforcement procedure remain remedies pass"],["Ten statutory exceptions","Answered textually","C009, C016–C020","All ten mapped with conditions","Entity-specific qualification and judicial interpretation remain fact-dependent"],["Self-creditor boundary","Partial","C021","No express state exception","Find state authority distinguishing own-debt modification from third-party debt adjusting"],["Bond access route","Answered","C010–C014","$50,000 AG-approved, filed, and maintained bond route established","Bond duration, cancellation notice, continuation, replacement, claims, amendment, and lapse effects"],["Application/filer instructions","Partial","C012–C013","Public form execution requirements established","Locate submission address, processing instructions, application checklist, fee, review standard, and approval evidence beyond the bond form"],["Public provider lookup","Unresolved","C015, C035","Company Search rejected as authorization lookup","Inspect any publicly exposed AG bond index or document-management search; absent that, provider status remains held without contacting the agency"],["Named-provider authorization","Excluded/unresolved","C035","No named provider assessed","Obtain actual AG-approved and currently maintained bond record; no reliance on advertising"],["State fee bases and caps","Answered as bounded negative","C022, C024","No Chapter 37-34 cap/formula and no responsive ARSD rule found","Broader general-law unconscionability, deceptive-practice, fiduciary, and contract review"],["Indexed/adjusted amounts","Answered as bounded negative","C022, C024","No CPI mechanism or adjustment notice located","Recheck any unindexed AG bulletins and archived rulemaking dockets"],["State advance-fee/earned-fee timing","Answered as bounded negative","C023, C025","No chapter-specific trigger; bond not advance-fee permission","General contract, restitution, fiduciary, and consumer-protection doctrines"],["State refund/cancellation/credit rules","Unresolved outside chapter","C023","No Chapter 37-34 rule","Review general cancellation, contract, UDAP, money-transmission, and custody laws"],["TSR debt-relief timing","Answered conditionally","C026–C030","Definition, triggers, allocation, dedicated-account refund, and principal exemptions","Transaction-specific telemarketing, jurisdiction, seller, assistance, and debt-type facts"],["TSR credit-repair timing","Answered conditionally","C031","Separate six-month/report-based timing identified","Actual marketing claims and permissible-purpose facts"],["CROA overlap","Answered conditionally","C032","Definition, exclusions, advance payment, contract, cancellation","Actual representations, organizational status, and service-completion facts"],["Agreement contents and disclosures","Open parent dimension","—","Not accepted by implication","Full state/federal contract, disclosure, cancellation, authorization, and electronic-signature pass"],["Consumer funds, trust, custody, and processors","Open parent dimension","C005, C029","Federal dedicated-account baseline only","State trust, escrow, money-transmission, processor, authorization, commingling, and reconciliation analysis"],["Bond claims and surety remedies","Open parent dimension","C010–C014","Bond condition identified","Who may claim, limitation period, aggregate exhaustion, notice, cancellation, replacement, suit procedure"],["Enforcement, remedies, and private rights","Open parent dimension","C008","Criminal classification identified","AG powers, prosecution procedure, civil remedies, restitution, private action, contract invalidity"],["Collections, litigation, and limitations","Open parent dimension","—","Not investigated except necessary boundaries","Full FDCPA/state collector, lawsuit, judgment, limitation, revival, venue, and settlement-enforcement passes"],["Exempt property and garnishment","Open parent dimension","—","Not investigated","Separate state exemption/garnishment pass"],["Sector-specific debt","Open parent dimension","C006","No general chapter exclusion identified","Mortgage, HELOC, student, tax, medical, agricultural, utility, auto, secured, and government-debt laws"],["Local and tribal law","Open parent dimension","—","Not investigated","Municipal/home-rule search and tribal-jurisdiction analysis"],["General contract, UDAP, usury, tax","Open parent dimension","C025","Not accepted by state silence","Full contract formation/enforceability, deceptive-practice, lending/usury, cancellation-of-debt tax, and fee-characterization work"],["Comprehensive case law","Partial/unresolved","C036","No on-point published result located in targeted official searches","Search historical cite §22-47, current cite §37-34, variants of “debt adjuster,” unpublished opinions, trial dockets, and paid legal databases"],["Full state/A066 acceptance","Expressly excluded","—","This is one component only","Complete all parent-state dimensions and coordinator review before any acceptance"]]}],"claims":[{"claim_id":"S_SD-P1-C001","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C001","Precise assertion":"The official South Dakota codified-law index was labeled effective September 2, 2026.","Source IDs and pinpoints":"S001; index heading. \nSouth Dakota Legislature","Conditions, exceptions, and confidence limit":"High confidence as to the index label; not a certification against every later uncodified event."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C002","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C002","Precise assertion":"A contract under which the debtor periodically gives value to a provider that distributes it among creditors for consideration is debt adjusting.","Source IDs and pinpoints":"S003, §37-34-1, PDF p.1. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"High textual confidence."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C003","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C003","Precise assertion":"Debt adjustment, budget counseling, debt management, debt pooling, and fee-based efforts to adjust, compromise, or discharge indebtedness are expressly included.","Source IDs and pinpoints":"S003, §37-34-1. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"High textual confidence."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C004","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C004","Precise assertion":"A noncustodial principal-reduction provider can be covered even when it never possesses settlement funds.","Source IDs and pinpoints":"S003, §37-34-1 fee-contract branch. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"Strong textual inference; no contrary South Dakota interpretation located."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C005","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C005","Precise assertion":"Direct consumer payment to creditors or use of an independent dedicated account does not by itself remove a fee-based negotiation provider from the state definition.","Source IDs and pinpoints":"S003, §37-34-1. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"Strong inference from alternative definition branches; account administrator’s separate status remains open."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C006","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C006","Precise assertion":"Chapter 37-34 contains no express personal/family/household-purpose limitation and no express secured/unsecured distinction.","Source IDs and pinpoints":"S003, §37-34-1. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"Textual observation; categorical commercial- and secured-debt applications remain unresolved."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C007","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C007","Precise assertion":"Chapter 37-34 contains no express remote-provider or resident-only rule.","Source IDs and pinpoints":"S003, §§37-34-1 to -3; S006 bond recital. \nSouth Dakota Consumer Protection\n+1","Conditions, exceptions, and confidence limit":"Remote nexus held; bond form’s “within the State” language is operational, not a judicial nexus test."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C008","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C008","Precise assertion":"Unless §37-34-3 applies, engaging in the business of debt adjusting is prohibited and is a Class 2 misdemeanor.","Source IDs and pinpoints":"S003, §37-34-2. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"High confidence; punishment details outside this pass."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C009","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C009","Precise assertion":"Section 37-34-3 contains ten exceptions, including a residual bond exception available to “any person.”","Source IDs and pinpoints":"S003, §37-34-3(1)–(10). \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"High confidence as to text; entity-specific eligibility requires facts."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C010","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C010","Precise assertion":"The residual commercial access route requires filing and maintaining an AG-approved $50,000 bond.","Source IDs and pinpoints":"S003, §37-34-3(10). \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"High confidence. Other laws remain applicable."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C011","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C011","Precise assertion":"The $50,000 figure is the bond’s penal sum, not a consumer-fee ceiling or authorized charge.","Source IDs and pinpoints":"S003, §37-34-3(10); S006 bond p.4. \nSouth Dakota Consumer Protection\n+1","Conditions, exceptions, and confidence limit":"High confidence."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C012","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C012","Precise assertion":"Current publicly linked instructions require the prescribed wording, original bond, signatures, same-day power of attorney, acknowledgments, notarization, and surety’s South Dakota agent.","Source IDs and pinpoints":"S005; S006, instructions pp.1–3. \nSouth Dakota Consumer Protection\n+1","Conditions, exceptions, and confidence limit":"Operational material versioned 2015 but still live-linked in 2026."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C013","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C013","Precise assertion":"AG approval is an actual condition of the public bond form.","Source IDs and pinpoints":"S006, bond p.4, approval line. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"High confidence; no separate certificate located."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C014","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C014","Precise assertion":"State records and budget materials indicate ongoing administration of debt-adjustment bonds.","Source IDs and pinpoints":"S007, AG-136; S008, internal p.14. \nSouth Dakota\n+1","Conditions, exceptions, and confidence limit":"Counts are not proven to equal unique active providers."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C015","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C015","Precise assertion":"No public debt-adjuster authorization roster was established, and the AG Company Search is not such a registry.","Source IDs and pinpoints":"S009; S005–S008. \nSouth Dakota Consumer Protection\n+1","Conditions, exceptions, and confidence limit":"Bounded search result; nonpublic or unindexed records may exist."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C016","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C016","Precise assertion":"The attorney exception is limited to debt adjusting incidentally arising in lawful South Dakota law practice.","Source IDs and pinpoints":"S003, §37-34-3(1). \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"Attorney involvement alone is insufficient; no case defining “incidentally” located."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C017","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C017","Precise assertion":"The nonprofit exception applies to qualifying nonprofit or charitable corporations or associations, but does not itself approve a fee or establish federal nonprofit status.","Source IDs and pinpoints":"S003, §37-34-3(5); S017, 15 U.S.C. §1679a. \nSouth Dakota Consumer Protection\n+1","Conditions, exceptions, and confidence limit":"Actual entity and federal-tax facts required."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C018","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C018","Precise assertion":"Banks/fiduciaries, title/abstract escrow actors, court-directed actors, trade/mercantile associations, and employers have activity-specific exceptions.","Source IDs and pinpoints":"S003, §37-34-3(2)–(7). \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"Each condition must be satisfied; no blanket institutional exemption."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C019","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C019","Precise assertion":"The loan/disbursement exception requires debtor request, debtor authorization, disbursement of loan proceeds, and no compensation for adjusting the debts.","Source IDs and pinpoints":"S003, §37-34-3(8). \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"A separate loan charge may need characterization under later lending/contract work."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C020","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C020","Precise assertion":"The mediator exception refers to the agricultural-credit mediation program in Chapter 54-13.","Source IDs and pinpoints":"S003, §37-34-3(9); S011, §54-13-1. \nSouth Dakota Consumer Protection\n+1","Conditions, exceptions, and confidence limit":"Not a generic private-mediator exemption."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C021","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C021","Precise assertion":"There is no express self-creditor exception in §37-34-3.","Source IDs and pinpoints":"S003, §37-34-3. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"An original creditor modifying only its own debt may instead fall outside the service definition; unresolved."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C022","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C022","Precise assertion":"Chapter 37-34 supplies no setup, monthly, percentage, savings, per-debt, or aggregate fee limit.","Source IDs and pinpoints":"S003, complete chapter. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"High confidence as to the chapter; general and sector laws remain open."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C023","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C023","Precise assertion":"Chapter 37-34 supplies no state-specific performance trigger, cancellation-fee rule, earned-fee allocation, or refund timetable.","Source IDs and pinpoints":"S003, complete chapter. \nSouth Dakota Consumer Protection","Conditions, exceptions, and confidence limit":"High confidence as to the chapter; no responsive ARSD rule located."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C024","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C024","Precise assertion":"No responsive debt-adjusting ARSD fee rule or adjustment notice was located after exact official-domain searches.","Source IDs and pinpoints":"S010 and recorded query set. \nSouth Dakota Legislature\n+2","Conditions, exceptions, and confidence limit":"Moderate confidence; portal/indexing limitations require a hold rather than absolute nonexistence claim."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C025","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C025","Precise assertion":"A state bond or exception is not affirmative authorization for advance fees or any particular fee amount.","Source IDs and pinpoints":"S003; S014. \nSouth Dakota Consumer Protection\n+1","Conditions, exceptions, and confidence limit":"Legal synthesis; other laws independently apply."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C026","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C026","Precise assertion":"For TSR purposes, debt relief includes represented alteration of unsecured debt terms, including balance, interest, or fees.","Source IDs and pinpoints":"S013, §310.2(o). \neCFR","Conditions, exceptions, and confidence limit":"Federal telemarketing scope only; not the state definition."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C027","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C027","Precise assertion":"A covered provider may not request or receive a fee until a debt is altered under a valid customer-executed agreement and the customer makes at least one payment under it.","Source IDs and pinpoints":"S014, §310.4(a)(5)(i)(A)–(B). \neCFR","Conditions, exceptions, and confidence limit":"All conditions required; a creditor offer alone or consumer deposit alone is insufficient."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C028","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C028","Precise assertion":"Individual-debt fees must follow either proportional enrolled-balance allocation or one constant savings percentage.","Source IDs and pinpoints":"S014, §310.4(a)(5)(i)(C). \neCFR","Conditions, exceptions, and confidence limit":"Same method must be applied consistently; savings use amount actually paid to satisfy."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C029","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C029","Precise assertion":"A compliant dedicated account remains consumer-owned and requires return of unearned funds within seven business days after withdrawal.","Source IDs and pinpoints":"S014, §310.4(a)(5)(ii)(A)–(E). \neCFR","Conditions, exceptions, and confidence limit":"Applies only to covered TSR arrangement; earned-fee characterization still requires all triggers."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C030","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C030","Precise assertion":"General inbound-call exemptions do not shield calls responding to debt-relief advertising or relevant direct mail.","Source IDs and pinpoints":"S015, §310.6(b)(5)–(6). \neCFR","Conditions, exceptions, and confidence limit":"Other exemptions and residual provisions require transaction-specific analysis."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C031","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C031","Precise assertion":"Credit-improvement representations may trigger the separate §310.4(a)(2) delayed-payment test.","Source IDs and pinpoints":"S014, §310.4(a)(2). \neCFR\n+1","Conditions, exceptions, and confidence limit":"Conditional; debt relief is not automatically credit repair."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C032","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C032","Precise assertion":"CROA separately prohibits advance payment before full performance and imposes written-contract and cancellation rules where its definition applies.","Source IDs and pinpoints":"S017–S018, 15 U.S.C. §§1679a, 1679b(b), 1679d, 1679e. \nU.S. Code\n+3","Conditions, exceptions, and confidence limit":"Requires actual credit-improvement purpose/representations; statutory exclusions must be evaluated separately."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C033","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C033","Precise assertion":"The current sections trace to 1990 enactment, 1991/1993 amendments, and a 2005 transfer effective July 1, 2006.","Source IDs and pinpoints":"S003 source histories; S004. \nSouth Dakota Consumer Protection\n+2","Conditions, exceptions, and confidence limit":"Historical session-law text was not fully reconstructed in this pass."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C034","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C034","Precise assertion":"No current, future-effective, proposed, stayed, vacated, expired, or withdrawn 2026 change to Chapter 37-34 was identified in the targeted official searches.","Source IDs and pinpoints":"S001–S004 plus 2026 official-domain searches. \nSouth Dakota Legislature\n+2","Conditions, exceptions, and confidence limit":"Bounded search conclusion, not an absolute certification against every unindexed document."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C035","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C035","Precise assertion":"No named provider’s current bond approval or authorization was verified.","Source IDs and pinpoints":"S005–S009. \nSouth Dakota Consumer Protection\n+1","Conditions, exceptions, and confidence limit":"Provider-specific status requires the actual approved and maintained bond record or equally authoritative evidence."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"claim_id":"S_SD-P1-C036","area_numbers":[66],"area_assignment_method":"task_scope_fallback","researcher_record":{"Claim ID":"S_SD-P1-C036","Precise assertion":"No on-point published South Dakota appellate decision or official AG opinion interpreting the material Chapter 37-34 boundaries was located in targeted official-domain searches.","Source IDs and pinpoints":"Research route described in self-check.","Conditions, exceptions, and confidence limit":"Moderate/limited confidence; comprehensive docket, trial-level, and paid-database case research remains open."},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"}],"sources":[{"source_id":"S_SD-P1-S001","urls":["https://sdlegislature.gov/Statutes"],"researcher_record":{"Source ID":"S_SD-P1-S001","Title, issuer, and direct literal URL":"South Dakota Legislature, “Codified Laws” \\nhttps://sdlegislature.gov/Statutes","Exact pinpoint, status, and limitations":"Official index labeled the codified laws effective September 2, 2026. Direct page rendered a JavaScript warning, so it was used for compilation status rather than operative text. \nSouth Dakota Legislature"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S002","urls":["https://sdlegislature.gov/Statutes/37-34","https://sdlegislature.gov/Statutes/37-34-1","https://sdlegislature.gov/Statutes/37-34-2","https://sdlegislature.gov/Statutes/37-34-3"],"researcher_record":{"Source ID":"S_SD-P1-S002","Title, issuer, and direct literal URL":"South Dakota Legislature, Chapter 37-34 and individual sections \\nhttps://sdlegislature.gov/Statutes/37-34 \\nhttps://sdlegislature.gov/Statutes/37-34-1 \\nhttps://sdlegislature.gov/Statutes/37-34-2 \\nhttps://sdlegislature.gov/Statutes/37-34-3","Exact pinpoint, status, and limitations":"Current official section locators and indexed current text. Interactive pages were not fully readable without JavaScript; used to confirm current section identity and cross-check the AG PDF. \nSouth Dakota Legislature\n+3"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S003","urls":["https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","https://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf?utm_source=chatgpt.com"],"researcher_record":{"Source ID":"S_SD-P1-S003","Title, issuer, and direct literal URL":"South Dakota Attorney General, “Debt Adjusting—37-34-1 to 37-34-3” \\nhttps://consumer.sd.gov/docs/DebtAdj_Statutes37-34.pdf","Exact pinpoint, status, and limitations":"Full two-page operative text freshly read and visually checked. Page 1: §§37-34-1 and 37-34-2; page 2: all ten §37-34-3 exceptions. No standalone revision date printed; currently linked from S005 and cross-checked against S002. \nSouth Dakota Consumer Protection"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S004","urls":["https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Statute=22-47&Type=Statute"],"researcher_record":{"Source ID":"S_SD-P1-S004","Title, issuer, and direct literal URL":"South Dakota Legislature, former Chapter 22-47, “Debt Adjusting [Transferred]” \\nhttps://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Statute=22-47&Type=Statute","Exact pinpoint, status, and limitations":"Historical locator. §§22-47-1 through -3 transferred to §§37-34-1 through -3 by 2005 Session Laws chapter 120, §295, effective July 1, 2006. Historical transfer only. \nSouth Dakota Legislature\n+1"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S005","urls":["https://consumer.sd.gov/resources.aspx"],"researcher_record":{"Source ID":"S_SD-P1-S005","Title, issuer, and direct literal URL":"South Dakota Attorney General, Consumer Protection “Resources” \\nhttps://consumer.sd.gov/resources.aspx","Exact pinpoint, status, and limitations":"Current live resource page, “Forms & Statutes,” linking “Debt Adjusting SDCL 37-34” and “Bond Form: Debt Adjusting.” No legal effective date printed. \nSouth Dakota Consumer Protection"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S006","urls":["https://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf"],"researcher_record":{"Source ID":"S_SD-P1-S006","Title, issuer, and direct literal URL":"South Dakota Attorney General, “SDCL 37-34-3 Debt Adjusting—Bond Instructions” \\nhttps://consumer.sd.gov/docs/DebtAdj_BondInfo2015.pdf","Exact pinpoint, status, and limitations":"Five-page packet, filename/document version 2015, still live-linked on S005. Instructions pp. 1–3; bond form pp. 4–5. Operational procedure, not a substitute for statutory authority. \nSouth Dakota Consumer Protection"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S007","urls":["https://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78"],"researcher_record":{"Source ID":"S_SD-P1-S007","Title, issuer, and direct literal URL":"South Dakota Bureau of Administration / Attorney General, “Records Retention and Destruction Schedule” \\nhttps://www.sd.gov/sys_attachment.do?sys_id=e52847c71be68b14df4edb1de54bcb78","Exact pinpoint, status, and limitations":"Memorandum dated July 30, 2026. PDF page 112 of 135/internal schedule page 87, series AG-136. Describes bond records and permanent retention. Contains apparent typo “34-34-3”; operational evidence only. \nSouth Dakota"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S008","urls":["https://mylrc.sdlegislature.gov/api/Documents/Attachment/295234.pdf?Year=2026"],"researcher_record":{"Source ID":"S_SD-P1-S008","Title, issuer, and direct literal URL":"South Dakota Legislative Research Council, “Detail Attorney General Brief FY27” \\nhttps://mylrc.sdlegislature.gov/api/Documents/Attachment/295234.pdf?Year=2026","Exact pinpoint, status, and limitations":"Internal page 14/PDF page 15, performance indicators. Reports 50, 49, 50, 50 debt-adjustment bonds for actual FY2024, actual FY2025, estimated FY2026, estimated FY2027. Not a provider roster. Printed timestamp shown in PDF: January 4, 2025. \nMy LRC"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S009","urls":["https://consumer.sd.gov/companysearch/"],"researcher_record":{"Source ID":"S_SD-P1-S009","Title, issuer, and direct literal URL":"South Dakota AG Consumer Protection, “Company Search” \\nhttps://consumer.sd.gov/companysearch/","Exact pinpoint, status, and limitations":"Current scam-website URL search. Page expressly says absence does not establish legitimacy. Not an authorization or bond lookup. \nSouth Dakota Consumer Protection"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S010","urls":["https://sdlegislature.gov/Rules/Administrative","https://rules.sd.gov/"],"researcher_record":{"Source ID":"S_SD-P1-S010","Title, issuer, and direct literal URL":"South Dakota Legislature, Administrative Rules index; South Dakota rulemaking portal \\nhttps://sdlegislature.gov/Rules/Administrative \\nhttps://rules.sd.gov/","Exact pinpoint, status, and limitations":"Discovery/search route. Administrative index required JavaScript; rulemaking portal timed out. Exact official-domain searches for debt-adjusting terminology produced no responsive debt-adjusting rule or fee schedule. Negative result is bounded by indexing/access limits. \nSouth Dakota Legislature"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S011","urls":["https://sdlegislature.gov/Statutes/54-13","https://sdlegislature.gov/Statutes/54-13-1"],"researcher_record":{"Source ID":"S_SD-P1-S011","Title, issuer, and direct literal URL":"South Dakota Legislature, Chapter 54-13, State Farm Mediation Board \\nhttps://sdlegislature.gov/Statutes/54-13 \\nhttps://sdlegislature.gov/Statutes/54-13-1","Exact pinpoint, status, and limitations":"§54-13-1 definition of agricultural-credit mediation; used to delimit §37-34-3(9). \nSouth Dakota Legislature\n+1"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S012","urls":["https://consumer.sd.gov/docs/AttGeneralRESOURCES.pdf"],"researcher_record":{"Source ID":"S_SD-P1-S012","Title, issuer, and direct literal URL":"South Dakota Attorney General, Consumer Handbook \\nhttps://consumer.sd.gov/docs/AttGeneralRESOURCES.pdf","Exact pinpoint, status, and limitations":"2019–2020 handbook. Printed pp. 51–54 discuss credit counseling, DMPs, debt settlement, TSR timing, and dedicated accounts. Handbook expressly says it is informational and not legal advice or state policy; used only as nonbinding agency guidance. \nSouth Dakota Consumer Protection\n+4"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S013","urls":["https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2"],"researcher_record":{"Source ID":"S_SD-P1-S013","Title, issuer, and direct literal URL":"eCFR, 16 C.F.R. §310.2 \\nhttps://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2","Exact pinpoint, status, and limitations":"§310.2(n) customer; §310.2(o) debt-relief-service definition. eCFR is authoritative but unofficial. \neCFR"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S014","urls":["https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4"],"researcher_record":{"Source ID":"S_SD-P1-S014","Title, issuer, and direct literal URL":"eCFR, 16 C.F.R. §310.4 \\nhttps://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4","Exact pinpoint, status, and limitations":"Current display up to date October 22, 2026; Title 16 last amended October 19, 2026. §310.4(a)(2) credit-improvement timing; §310.4(a)(5)(i)(A)–(C) debt-relief triggers/allocation; §310.4(a)(5)(ii)(A)–(E) dedicated-account conditions. \neCFR\n+3"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S015","urls":["https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6"],"researcher_record":{"Source ID":"S_SD-P1-S015","Title, issuer, and direct literal URL":"eCFR, 16 C.F.R. §310.6 \\nhttps://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6","Exact pinpoint, status, and limitations":"§310.6(b)(3)–(7), including face-to-face, unsolicited inbound, advertising/direct-mail debt-relief carvebacks, and business-call provisions. \neCFR"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S016","urls":["https://www.ftc.gov/business-guidance/resources/debt-relief-services-telemarketing-sales-rule-guide-business"],"researcher_record":{"Source ID":"S_SD-P1-S016","Title, issuer, and direct literal URL":"Federal Trade Commission, “Debt Relief Services & the Telemarketing Sales Rule: A Guide for Business” \\nhttps://www.ftc.gov/business-guidance/resources/debt-relief-services-telemarketing-sales-rule-guide-business","Exact pinpoint, status, and limitations":"July 2010 staff guide. Coverage discussion, attorney/nonprofit guidance, fee examples, and dedicated-account explanation. The guide expressly says it is nonbinding; current eCFR controls. \nFederal Trade Commission"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S017","urls":["https://uscode.house.gov/us/usc/119-124/t15/chapter41-front.html","https://uscode.house.gov/us/usc/119-118/t15/s1679a/"],"researcher_record":{"Source ID":"S_SD-P1-S017","Title, issuer, and direct literal URL":"Office of the Law Revision Counsel, current Title 15/CROA \\nhttps://uscode.house.gov/us/usc/119-124/t15/chapter41-front.html \\nhttps://uscode.house.gov/us/usc/119-118/t15/s1679a/","Exact pinpoint, status, and limitations":"Chapter page states current through Public Law 119-124, October 15, 2026. §1679a page supplies the credit-repair definition and exclusions. \nU.S. Code\n+1"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"source_id":"S_SD-P1-S018","urls":["https://www.govinfo.gov/content/pkg/USCODE-2024-title15/pdf/USCODE-2024-title15-chap41-subchapII-A.pdf"],"researcher_record":{"Source ID":"S_SD-P1-S018","Title, issuer, and direct literal URL":"GovInfo, 2024 annual-edition CROA PDF \\nhttps://www.govinfo.gov/content/pkg/USCODE-2024-title15/pdf/USCODE-2024-title15-chap41-subchapII-A.pdf","Exact pinpoint, status, and limitations":"Exact annual-edition text: §1679a definitions/exclusions; §1679b(b) advance payment; §1679d written contract/three-business-day delay; §1679e cancellation. Used with S017’s 2026 currency check, not represented as a standalone October 2026 codification. \nGovInfo\n+3"},"coordinator_verification_status":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"}],"coverage":[{"topic":"Current statutory text and compilation status","researcher_record":{"Component":"Current statutory text and compilation status","Status":"Answered with version limit","Claims":"C001–C003, C033–C034","What is answered":"Current official compilation label; complete Chapter 37-34 text; statutory history shown on current sources","Missing evidence / exact next investigation":"Retrieve and compare complete SL 1990 ch.387, SL 1991 ch.196, SL 1993 ch.181, and SL 2005 ch.120 §295 to document every historical wording change"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Custodial DMP/debt pooling","researcher_record":{"Component":"Custodial DMP/debt pooling","Status":"Answered","Claims":"C002–C005","What is answered":"Clearly covered","Missing evidence / exact next investigation":"Agreement, trust, handling, and processor duties remain later work"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Noncustodial principal-reduction settlement","researcher_record":{"Component":"Noncustodial principal-reduction settlement","Status":"Answered","Claims":"C003–C005","What is answered":"Fee-based compromise can be covered without custody","Missing evidence / exact next investigation":"Fact-specific edge for information-only or software models"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Budget/credit counseling","researcher_record":{"Component":"Budget/credit counseling","Status":"Partial","Claims":"C003","What is answered":"Paid debt-management counseling covered; nonprofit activity may be excepted","Missing evidence / exact next investigation":"Find authority on free education and counseling without a debt-specific contract"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Consumer versus business-purpose debt","researcher_record":{"Component":"Consumer versus business-purpose debt","Status":"Partial","Claims":"C006","What is answered":"No express consumer-purpose limit","Missing evidence / exact next investigation":"Search historical session materials and case law for commercial-debt construction"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Secured versus unsecured debt","researcher_record":{"Component":"Secured versus unsecured debt","Status":"Partial","Claims":"C006","What is answered":"No Chapter 37-34 distinction","Missing evidence / exact next investigation":"Separate mortgage, vehicle, agricultural, tax, student-loan, and secured-credit overlays"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Remote/out-of-state provider nexus","researcher_record":{"Component":"Remote/out-of-state provider nexus","Status":"Unresolved","Claims":"C007","What is answered":"No express remote carveout; form references business within the state","Missing evidence / exact next investigation":"Search UJS decisions, trial dockets, AG opinions, and enforcement records for internet/telephone nexus"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Default prohibition","researcher_record":{"Component":"Default prohibition","Status":"Answered","Claims":"C008","What is answered":"Prohibition and Class 2 misdemeanor established","Missing evidence / exact next investigation":"Penalty amount and enforcement procedure remain remedies pass"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Ten statutory exceptions","researcher_record":{"Component":"Ten statutory exceptions","Status":"Answered textually","Claims":"C009, C016–C020","What is answered":"All ten mapped with conditions","Missing evidence / exact next investigation":"Entity-specific qualification and judicial interpretation remain fact-dependent"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Self-creditor boundary","researcher_record":{"Component":"Self-creditor boundary","Status":"Partial","Claims":"C021","What is answered":"No express state exception","Missing evidence / exact next investigation":"Find state authority distinguishing own-debt modification from third-party debt adjusting"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Bond access route","researcher_record":{"Component":"Bond access route","Status":"Answered","Claims":"C010–C014","What is answered":"$50,000 AG-approved, filed, and maintained bond route established","Missing evidence / exact next investigation":"Bond duration, cancellation notice, continuation, replacement, claims, amendment, and lapse effects"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Application/filer instructions","researcher_record":{"Component":"Application/filer instructions","Status":"Partial","Claims":"C012–C013","What is answered":"Public form execution requirements established","Missing evidence / exact next investigation":"Locate submission address, processing instructions, application checklist, fee, review standard, and approval evidence beyond the bond form"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Public provider lookup","researcher_record":{"Component":"Public provider lookup","Status":"Unresolved","Claims":"C015, C035","What is answered":"Company Search rejected as authorization lookup","Missing evidence / exact next investigation":"Inspect any publicly exposed AG bond index or document-management search; absent that, provider status remains held without contacting the agency"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Named-provider authorization","researcher_record":{"Component":"Named-provider authorization","Status":"Excluded/unresolved","Claims":"C035","What is answered":"No named provider assessed","Missing evidence / exact next investigation":"Obtain actual AG-approved and currently maintained bond record; no reliance on advertising"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"State fee bases and caps","researcher_record":{"Component":"State fee bases and caps","Status":"Answered as bounded negative","Claims":"C022, C024","What is answered":"No Chapter 37-34 cap/formula and no responsive ARSD rule found","Missing evidence / exact next investigation":"Broader general-law unconscionability, deceptive-practice, fiduciary, and contract review"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Indexed/adjusted amounts","researcher_record":{"Component":"Indexed/adjusted amounts","Status":"Answered as bounded negative","Claims":"C022, C024","What is answered":"No CPI mechanism or adjustment notice located","Missing evidence / exact next investigation":"Recheck any unindexed AG bulletins and archived rulemaking dockets"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"State advance-fee/earned-fee timing","researcher_record":{"Component":"State advance-fee/earned-fee timing","Status":"Answered as bounded negative","Claims":"C023, C025","What is answered":"No chapter-specific trigger; bond not advance-fee permission","Missing evidence / exact next investigation":"General contract, restitution, fiduciary, and consumer-protection doctrines"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"State refund/cancellation/credit rules","researcher_record":{"Component":"State refund/cancellation/credit rules","Status":"Unresolved outside chapter","Claims":"C023","What is answered":"No Chapter 37-34 rule","Missing evidence / exact next investigation":"Review general cancellation, contract, UDAP, money-transmission, and custody laws"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"TSR debt-relief timing","researcher_record":{"Component":"TSR debt-relief timing","Status":"Answered conditionally","Claims":"C026–C030","What is answered":"Definition, triggers, allocation, dedicated-account refund, and principal exemptions","Missing evidence / exact next investigation":"Transaction-specific telemarketing, jurisdiction, seller, assistance, and debt-type facts"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"TSR credit-repair timing","researcher_record":{"Component":"TSR credit-repair timing","Status":"Answered conditionally","Claims":"C031","What is answered":"Separate six-month/report-based timing identified","Missing evidence / exact next investigation":"Actual marketing claims and permissible-purpose facts"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"CROA overlap","researcher_record":{"Component":"CROA overlap","Status":"Answered conditionally","Claims":"C032","What is answered":"Definition, exclusions, advance payment, contract, cancellation","Missing evidence / exact next investigation":"Actual representations, organizational status, and service-completion facts"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Agreement contents and disclosures","researcher_record":{"Component":"Agreement contents and disclosures","Status":"Open parent dimension","Claims":"—","What is answered":"Not accepted by implication","Missing evidence / exact next investigation":"Full state/federal contract, disclosure, cancellation, authorization, and electronic-signature pass"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Consumer funds, trust, custody, and processors","researcher_record":{"Component":"Consumer funds, trust, custody, and processors","Status":"Open parent dimension","Claims":"C005, C029","What is answered":"Federal dedicated-account baseline only","Missing evidence / exact next investigation":"State trust, escrow, money-transmission, processor, authorization, commingling, and reconciliation analysis"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Bond claims and surety remedies","researcher_record":{"Component":"Bond claims and surety remedies","Status":"Open parent dimension","Claims":"C010–C014","What is answered":"Bond condition identified","Missing evidence / exact next investigation":"Who may claim, limitation period, aggregate exhaustion, notice, cancellation, replacement, suit procedure"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Enforcement, remedies, and private rights","researcher_record":{"Component":"Enforcement, remedies, and private rights","Status":"Open parent dimension","Claims":"C008","What is answered":"Criminal classification identified","Missing evidence / exact next investigation":"AG powers, prosecution procedure, civil remedies, restitution, private action, contract invalidity"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Collections, litigation, and limitations","researcher_record":{"Component":"Collections, litigation, and limitations","Status":"Open parent dimension","Claims":"—","What is answered":"Not investigated except necessary boundaries","Missing evidence / exact next investigation":"Full FDCPA/state collector, lawsuit, judgment, limitation, revival, venue, and settlement-enforcement passes"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Exempt property and garnishment","researcher_record":{"Component":"Exempt property and garnishment","Status":"Open parent dimension","Claims":"—","What is answered":"Not investigated","Missing evidence / exact next investigation":"Separate state exemption/garnishment pass"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Sector-specific debt","researcher_record":{"Component":"Sector-specific debt","Status":"Open parent dimension","Claims":"C006","What is answered":"No general chapter exclusion identified","Missing evidence / exact next investigation":"Mortgage, HELOC, student, tax, medical, agricultural, utility, auto, secured, and government-debt laws"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Local and tribal law","researcher_record":{"Component":"Local and tribal law","Status":"Open parent dimension","Claims":"—","What is answered":"Not investigated","Missing evidence / exact next investigation":"Municipal/home-rule search and tribal-jurisdiction analysis"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"General contract, UDAP, usury, tax","researcher_record":{"Component":"General contract, UDAP, usury, tax","Status":"Open parent dimension","Claims":"C025","What is answered":"Not accepted by state silence","Missing evidence / exact next investigation":"Full contract formation/enforceability, deceptive-practice, lending/usury, cancellation-of-debt tax, and fee-characterization work"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Comprehensive case law","researcher_record":{"Component":"Comprehensive case law","Status":"Partial/unresolved","Claims":"C036","What is answered":"No on-point published result located in targeted official searches","Missing evidence / exact next investigation":"Search historical cite §22-47, current cite §37-34, variants of “debt adjuster,” unpublished opinions, trial dockets, and paid legal databases"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"},{"topic":"Full state/A066 acceptance","researcher_record":{"Component":"Full state/A066 acceptance","Status":"Expressly excluded","Claims":"—","What is answered":"This is one component only","Missing evidence / exact next investigation":"Complete all parent-state dimensions and coordinator review before any acceptance"},"coordinator_acceptance":"scoped_review_complete_with_limits_and_bounded_correction_required","coordinator_review":"[internal evidence reference]"}],"annotations":{"at":"2026-10-27T19:24:20.319659+00:00","review":"[internal evidence reference]","disposition":"revise_four_bounded_source_and_wording_points","raw_originals_unchanged":true,"first_scoped_review_complete":true,"material_correction_required":false,"correction_items":["AG136footnote42pendingboardapproval","Budgetprinted15/PDFindex14","CROAcurrentnessbridgeunverifiedthrough119124","TSRrequestclock/customerreceipt/earnedunderALLA-C"],"no_actual_status_queries_authorized":true,"no_component_acceptance":true,"bounded_repairs_addressed_at":"2026-10-27T19:49:41.851655+00:00","bounded_repairs_review":"[internal evidence reference]","four_requested_wording_repairs_addressed":true,"original_disposition_preserved":true,"broader_CROA_currentness_hold_retained":true},"corrections":[],"resolved_corrections":[],"review_history":[{"id":"S_SD-P01-four-bounded-source-and-request-clock-corrections-20261027","status":"four_requested_wording_repairs_addressed_with_limits","at":"2026-10-27T19:24:20.319659+00:00"}]}