All states · Filled 2026-09-17
South Dakota mortgage advertising rules
Reference only
Adline flags phrases that match cited rules. It does not certify that South Dakota marketing is compliant. We flag and cite. We never certify. This is not legal advice. Whether a rule reaches you depends on your license type. Federal Reg Z and Reg N still apply.
Reference only. South Dakota rules are written down here. The engine does not scan for them yet. The engine cites Washington, Arizona, and Idaho only.
Regulating agency
South Dakota Department of Labor and Regulation, Division of Banking.
South Dakota Department of Labor and Regulation, Division of Banking. (Rules promulgated under this chapter are codified in ARSD Title 20, Article 20:07. Banking.)
NMLS and license display: Conjunctive and disjunctive elements.
Governing statute and administrative code
- [STATUTE] SDCL Title 54, Chapter 54-14. Mortgage Lender Business (commonly, the mortgage lending licensing chapter).
- [REGULATION] ARSD ch. 20:07:19. "Mortgage lenders and mortgage brokers" (§§ 20:07:19:01 to 20:07:19:15).
- Second regime: SDCL ch. 54-4 (money lending licenses) with [REGULATION] ARSD ch. 20:07:20. "Money lending licenses" (§§ 20:07:20:01 to :03). Consumer lenders in SD are licensed under this separate money-lender regime, not ch. 54-14.
License and NMLS ID display
Not yet verifiedNOT VERIFIED. no such requirement was found, and The retrieval indicates none exists.
What Searched:
- Full section-title index of SDCL ch. 54-14 (all 42 live sections). There is no section titled advertising, solicitation, disclosure, or unique-identifier display.
- Full section-title index of ARSD ch. 20:07:19 (all 17 sections, retrieved from Cornell LII). There is no advertising section. The chapter covers fees, applications, bonds, records, examinations, education, testing, challenge process, and reports of condition only.
The closest provision is the licensing requirement itself, which requires an originator to *hold* a unique identifier but does not require it to *appear* in advertising:
"Each person shall be licensed or registered, and maintain a unique identifier through the nationwide mortgage licensing system and registry." — SDCL 54-14-13 [STATUTE], retrieved via Justia [SECONDARY]
*Caveat on source:* the official South Dakota Legislature site (sdlegislature.gov) serves statute text only through client-side JavaScript and returned no text to any of six direct/API fetch attempts. The 54-14-13 quote above is therefore from a secondary republisher and should be re-confirmed against the official site before publication.
Conjunctive/disjunctive: N/A. no display requirement.
Prohibited claims
Not yet verifiedNOT VERIFIED. none found. No ban on "lowest," "best," "cheapest," "guaranteed," "pre-approved," "free," "no cost," or "government" appears in either SDCL ch. 54-14's section titles or ARSD ch. 20:07:19. South Dakota mortgage advertising is governed in practice by federal Regulation N (12 C.F.R. pt. 1014) and Regulation Z §1026.24, plus SD's general deceptive-trade-practices law (SDCL ch. 37-24), which Did not retrieve and therefore do not characterize here.
Rate advertising
Not yet verifiedNOT VERIFIED. no state-specific rate-advertising requirement found beyond federal law. No "rate must be actually available" provision was located in ch. 54-14 or ARSD 20:07:19.
Ad filing, prior approval, retention
Verified- No filing or prior-approval requirement found.
- Retention: ARSD 20:07:19:08 [REGULATION] sets a five-year retention period, but advertising is not among the enumerated records:
> "The following records shall be kept for a period of at least five years, and shall be available for inspection, examination, and copying by the division:" The six enumerated categories are cash/check receipts, sequential check listing, the loan application file, depository contracts, records of borrower contact regarding rate/terms/conditions, and a list of loan originators. Advertising copies are not listed.
Social media and character-limited media
Not yet verifiedNOT VERIFIED. none found. No social media, texting, electronic advertising, or abbreviated-disclosure provision in the statute chapter index or the administrative chapter.
Anything unusual
- South Dakota is one of the thinnest state regimes in this batch: no advertising statute, no advertising rule, no ad retention obligation. A compliance program that assumes "every state requires the NMLS ID in ads" will over-comply here. but note that federal SAFE Act implementing rules and investor/AMC requirements still drive NMLS ID placement independently of state law.
- The five-year records period in ARSD 20:07:19:08 is longer than the three-year norm elsewhere in this batch, even though ads are excluded from it.
- The official statute site is JavaScript-gated, which makes SD an awkward state to build automated citation-freshness monitoring against.
Penalties
Not yet verifiedNOT VERIFIED. SDCL ch. 54-14 contains sections titled "Violation of license or registration requirements—Misdemeanor" (54-14-25), "Civil penalty for acting without required license or registration" (54-14-25.1), and "Conditioning, denial, nonrenewal, suspension, or revocation of license" (54-14-27). Retrieved the titles only and did not retrieve the operative text or dollar amounts. Do not publish a penalty figure for SD without re-verification.
Sources
- https://law.justia.com/codes/south-dakota/title-54/chapter-14/reproduction SDCL ch. 54-14 section index (Justia, **[SECONDARY]** republisher of statute):
- https://law.justia.com/codes/south-dakota/title-54/chapter-14/section-54-14-13/reproduction SDCL 54-14-13 text (Justia, **[SECONDARY]**):
- https://sdlegislature.gov/Statutes/54-14official Official SD statutes (JS-gated, no text returned):
- https://www.law.cornell.edu/regulations/south-dakota/title-20/article-20-07reproduction ARSD Article 20:07 chapter index (Cornell LII):
- https://www.law.cornell.edu/regulations/south-dakota/title-20/article-20-07/chapter-20-07-19reproduction ARSD ch. 20:07:19 section index (Cornell LII):
- https://www.law.cornell.edu/regulations/south-dakota/ARSD-20-07-19-08reproduction ARSD 20:07:19:08 full text (Cornell LII):
- https://dlr.sd.gov/banking/laws_rules.aspxofficial SD Division of Banking, Laws and Rules:
- https://dlr.sd.gov/banking/mortgage_licenses/mortgage_lender_license_information.aspxofficial SD Division of Banking, Mortgage Lender License Information: