In any action brought under § 37-24-23, if the court finds that a person is intentionally using or has intentionally used an act or practice declared to be unlawful by § 37-24-6, the attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than two thousand dollars per violation. For purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that his conduct was a violation of § 37-24-6.
S.D. Codified Laws § 37-24-27
Civil penalty for intentional violations recovered in action for injunction
Applied in 1 court decision — leading case State v. Western Capital Corp. (1980)
Most recently applied in State v. Western Capital Corp. (March 1980)
Source: SL 1971, ch 218, § 14 (b), (d); SL 1977, ch 190, § 296.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.