South Dakota Solar Consumer Protection Laws, Cancellation Window & AG Complaint Playbook
Complete statutory reference for South Dakota homeowners: exercise your right to cancel a door-to-door solar contract, file an online fraud complaint with the South Dakota Attorney General Division of Consumer Protection, claim restitution from state contractor bonds/recovery funds, and invoke the federal FTC Holder Rule against solar lenders.
1. South Dakota Deceptive Trade Practices (UDAP), Recovery Funds & Mandatory Disclosures
South Dakota Deceptive Trade Practices and Consumer Protection Act (SDCL Ch. 37-24) — Actual Damages, Rescission & Civil Penalties ($2,000 per violation)
South Dakota State Electrical Commission Licensing & Performance Bond Enforcement
SDCL § 37-24-5.4 Mandatory Bold 10-Point Buyer’s Right to Cancel Notice
2. South Dakota Solar Permitting, Incentives & Quote Audit Resources
3. Ready-to-Copy South Dakota Attorney General & FTC Holder Rule Demand Letter
Fill in the bracketed fields, attach your signed solar contract and loan promissory note, and submit to the South Dakota Attorney General Consumer Protection Division while mailing a Certified copy to your solar lender:
FORMAL SOLAR FRAUD & FTC HOLDER RULE COMPLAINT — STATE OF SOUTH DAKOTA
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TO: South Dakota Attorney General Division of Consumer Protection
Consumer Fraud & Home Improvement Enforcement Unit
Online Portal: https://consumer.sd.gov/complaintform.aspx
Hotline: (800) 300-1986 / (605) 773-4400
CC: Federal Trade Commission (FTC) & Consumer Financial Protection Bureau (CFPB)
[Name of Solar Lender: e.g., GoodLeap / Mosaic / Sunlight / Dividend Finance]
DATE: [Current Date]
FROM: [Your Full Legal Name]
[Your Street Address, City, SD ZIP]
[Your Phone Number & Email Address]
RE: FORMAL COMPLAINT FOR DECEPTIVE SOLAR SALES PRACTICES, STATUTORY DISCLOSURE
VIOLATIONS & FTC HOLDER RULE DEMAND (16 CFR PART 433)
Solar Installer / Sales Dealer: [Name of Solar Company & License #]
Solar Loan Servicer & Account #: [Lender Name & Account #]
Total Financed / Contract Amount: $[Total Contract Price]
Dear Consumer Protection Investigator & Lender Compliance Officer:
I am filing this formal statutory complaint pursuant to South Dakota Deceptive Trade Practices and Consumer Protection Act (SDCL Ch. 37-24) and the Federal Trade Commission (FTC) Holder in Due Course Rule (16 CFR Part 433) regarding a residential solar transaction executed at my primary residence in South Dakota.
1. SUMMARY OF STATUTORY & CONTRACTUAL VIOLATIONS:
• Unlawful Misrepresentation of Utility Bill Offset, Federal Tax Credits (IRC § 25D), and Hidden Loan Dealer Fees (25%–35% undisclosed principal markup in violation of the Truth in Lending Act, 15 U.S.C. § 1601).
• Violation of South Dakota Mandatory Solar / Home Improvement Disclosure and Cancellation Statutes (3 Business Days).
• Breach of Contract & Abandonment / Failure to Achieve Timely Utility Permission to Operate (PTO) or Honor Express Warranties.
2. RECOVERY FUND & SURETY BOND NOTICE:
Please cross-reference this complaint with South Dakota State Electrical Commission Licensing & Performance Bond Enforcement and freeze or audit the contractor’s active license and surety bond on file in South Dakota.
3. FORMAL NOTICE OF CLAIMS & DEFENSES TO LENDER UNDER 16 CFR PART 433 (FTC HOLDER RULE):
Pursuant to the mandatory FTC Holder Rule Notice printed in my solar loan contract, the lender stands in the shoes of the solar seller and is subject to all claims and defenses I assert herein. I hereby demand:
(a) Immediate cancellation and rescission of the solar loan contract (or a permanent principal reduction equal to $[Amount of Damages / Completion Cost]);
(b) Termination of any UCC-1 fixture filing recorded against my South Dakota real property title under UCC § 9-513; and
(c) Placement of my loan account in formal "Disputed Status" under the Fair Credit Reporting Act (15 U.S.C. § 1681s-2) with zero adverse credit reporting pending resolution.
Enclosed are copies of my signed Solar Installation Agreement, Promissory Note, Utility Bills, and Photographic / Permit Evidence. I certify under penalty of perjury under the laws of the State of South Dakota that the foregoing is true and correct.
Respectfully submitted,
________________________________________
[Your Signature & Printed Name]South Dakota Solar Consumer Protection FAQ
How many days do I have to cancel a residential solar contract in South Dakota?
In South Dakota, homeowners have a statutory 3 Business Days (SDCL § 37-24-5.3 Door-to-Door Sales). Furthermore, if the solar salesperson failed to provide the mandatory written Notice of Cancellation or SDCL § 37-24-5.4 Mandatory Bold 10-Point Buyer’s Right to Cancel Notice at the time of signing, your legal right to rescind the contract is extended under South Dakota and federal consumer protection law until proper disclosures are delivered.
Can I sue a deceptive solar company for triple (3x) damages in South Dakota?
Under South Dakota Deceptive Trade Practices and Consumer Protection Act (SDCL Ch. 37-24) — Actual Damages, Rescission & Civil Penalties ($2,000 per violation), South Dakota homeowners harmed by willful solar misrepresentations, hidden dealer fees, or unpermitted installations can pursue statutory remedies—and thanks to the federal FTC Holder Rule (16 CFR Part 433), you can assert those exact same claims and defenses directly against your solar loan lender to cancel or reduce your loan balance.
What if my South Dakota solar installer went bankrupt before finishing my system?
First, file a formal complaint with the South Dakota Attorney General Division of Consumer Protection ((800) 300-1986 / (605) 773-4400) and pursue restitution through South Dakota State Electrical Commission Licensing & Performance Bond Enforcement. Simultaneously, serve the ready-to-copy FTC Holder Rule Demand Letter on this page via Certified Mail to your solar lender and the CFPB.