Who should I file my complaint with?
How can I file a complaint with the Division of Banking?
Why do I have write?
Does the Division of Banking investigate complaints against all banks located in South Dakota?
How will I know what type of charter my bank has?
What do I do if my problem is with a financial business that is not a bank - like a mortgage company?
How much interest can a South Dakota lender charge on a loan?
Who should I file my complaint with?
Not sure who regulates the company your complaint involves? Check our Complaint Reference List.
How can I file a complaint with the Division of Banking?
You must put the complaint in writing using our complaint form and forward it to this office to the attention of the Compliance area by regular mail, or by facsimile at (605) 773-5367. Be aware that we do not have a secure web site for account specific information.
Be sure to be very specific as to the nature of your complaint and the resolution that you desire. The more specific that you are, the more specific the response will be. Also, if you have any documentation that supports your complaint such as bank statements, credit agreements, copies of checks, etc, please attach a copy to your complaint and keep the originals for yourself.
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Why do I have to write?
Financial institutions keep most of their customer information confidential, just as we do. A letter gives us your written authorization to inquire with the financial institution regarding your individual business with them. Additionally, it is often necessary to examine written documentation pertinent to a complaint such as credit agreements, copies of checks, billing statements, etc. These are best obtained as attachments to letters. It also ensures that we are not sharing information with anyone other than you.
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Does the Division of Banking investigate complaints against all banks located in South Dakota ?
No. The Division of Banking has jurisdiction over state-chartered banks. Some banks in South Dakota are federally chartered as either national banks or federal savings banks. National banks are regulated by the Office of the Comptroller of the Currency. Federal savings banks are regulated by the Office of Thrift Supervision. Unless a problem is strictly a matter of state law, issues involving federally chartered institutions are referred to the appropriate federal regulatory authority. The Office of the Comptroller of the Currency may be reached by calling (800) 613-6743. The Office of Thrift Supervision may be reached by calling (800) 842-6929.
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How will I know what type of charter my bank has?
Generally national banks, which are regulated by the Comptroller of the Currency, either contain the word "national" in their names or their name is followed by the initials "N.A." Federal Savings Banks, regulated by the Office of Thrift Supervision, either contain the words "federal" and "savings" in their names or their name is followed by the initials "F.S.B." If you are uncertain, call our office. Our representative will discuss your problem, determine which regulator can help you and advise you regarding the best way to proceed.
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What do I do if my problem is with a financial business that is not a bank - like a mortgage company?
The Division of Banking licenses and regulates several different types of financial businesses including money lenders, mortgage brokers, mortgage lenders, and money transmitters. Each type of licensee has statutes and regulations with which the licensees must comply. If you have a problem with a company that might fall into one of these categories, call us. We will be glad to discuss the problem and determine if we can be of assistance.
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How much interest can a South Dakota lender charge on a loan?
There is no maximum interest rate that South Dakota lenders can charge. The rate of interest on a loan is established by the agreement that governs the loan. This could be the original solicitation and cardholders´ agreement for a credit card account or the Truth in Lending Disclosure and Loan Note for a mortgage or a regular installment loan. The amount of interest and related account terms are a contractual matter between the borrower and the lender. Please take the time to shop for the best credit opportunity available to you. |