Any customer or communications provider who claims to have been adversely affected by any act or practice declared to be unlawful by §§ 49-31-121 or 49-31-122 may bring a civil action against the person who violated §§ 49-31-121 or 49-31-122 for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of the willful act or practice. In addition, the customer or communications provider may collect court costs and reasonable attorney fees expended by the customer to bring an action under this section.

Terms Used In South Dakota Codified Laws 49-31-126

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 2006, ch 238, § 7.