Any person claiming to be damaged by any telecommunications company or motor carrier may either make complaint to the commission or may bring suit on his own behalf for the recovery of damages in any court of competent jurisdiction in this state, but no person may pursue both remedies at the same time.
S.D. Codified Laws § 49-13-1.1
Complaint to commission or suit by private person--Election of remedies
Source: SDC 1939, § 52.0215; SDCL, § 49-3-23; SL 1987, ch 345, § 18.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.