North Dakota Scam and Fraud Laws: Reporting and Your Right to Sue

North Dakota's consumer fraud law, the Unlawful Sales or Advertising Practices chapter (N.D. Cent. Code chapter 51-15), lets "any person" bring a claim against someone who "has acquired any moneys or property by means of" a practice the chapter declares unlawful. Under the chapter's general prohibition, the practice must be deceptive, fraudulent or unconscionable conduct "in connection with the sale or advertisement of any merchandise," a term that covers goods, services, intangibles and charitable contributions. If the court finds the defendant acted knowingly, it may award up to three times the actual damages proven, and the statute also provides for costs and attorney's fees. You have four years to sue, counted from when you discover the violation.

North Dakota also limits crypto ATMs: since August 1, 2025, a kiosk operator may not accept transactions of more than $2,000 a day from a single customer. Scam complaints go to the Attorney General's Consumer Protection Division, which says it tries to mediate complaints within its authority, and a separate civil lawsuit is available to a vulnerable adult who has been financially exploited.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers North Dakota state law: the Unlawful Sales or Advertising Practices chapter (N.D. Cent. Code chapter 51-15), North Dakota complaint offices, protections for older and vulnerable adults, the state's crypto kiosk law, home solicitation and telemarketing rules, and North Dakota court deadlines. Federal refund and reporting rights are summarized briefly and covered in depth on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in North Dakota

Contact the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away. That company is usually the only one that can stop or reverse a payment, and your federal rights depend on how you paid. Our guide on how to get money back after a scam walks through each payment method, and the Zelle and payment app guide covers app transfers.

Then report the scam. Most scams go to the FTC at ReportFraud.ftc.gov and online crime to the FBI's IC3; our where to report a scam guide lists every federal channel. The North Dakota offices below are in addition to those, not instead of them.

Where to report a scam in North Dakota

The Attorney General takes complaints from North Dakota residents, and from people in other states whose dispute involves a transaction with a North Dakota business. Two cautions from its complaint page: the office "does not process, take action in response to, or keep, anonymous complaints," and its role is mediation. In its words: "If the complaint falls within our authority, we will try to mediate a resolution. Most businesses are willing to work with us. If we are not able to mediate a resolution of the complaint, we may refer you to a private attorney for further assistance."

Mediation works on a business with a name and an address. It does not reach an anonymous scammer, so for that kind of loss the payment company and law enforcement matter more.

The Department of Financial Institutions does not regulate national banks or federal credit unions. For a national bank, its page points to the OCC at (800) 613-6743; for a federal credit union, to the NCUA at (800) 755-1030. Complaints about non-bank companies can also go to the Consumer Financial Protection Bureau.

For a crypto ATM scam, the department's crypto ATM page says to gather all the details and "then contact law enforcement," and that you can also file a complaint with the department or notify the Attorney General. Adult Protective Services "is NOT an emergency service": if someone is in immediate danger, call law enforcement first.

North Dakota's consumer protection law: can you sue?

Possibly, if the person who took your money did it through a deceptive sales or advertising practice. Section 51-15-02 defines the unlawful practice:

"The act, use, or employment by any person of any deceptive act or practice, fraud, false pretense, false promise, or misrepresentation, with the intent that others rely thereon in connection with the sale or advertisement of any merchandise, whether or not any person has in fact been misled, deceived, or damaged thereby, is declared to be an unlawful practice."

The same section also makes unlawful any act, in connection with the sale or advertisement of merchandise, "which is unconscionable or which causes or is likely to cause substantial injury to a person which is not reasonably avoidable by the injured person and not outweighed by countervailing benefits to consumers or to competition."

Who can sue, and whom

North Dakota does not limit the private claim to a defined "consumer." Section 51-15-09 preserves "any claim for relief by any person against any person who has acquired any moneys or property by means of any practice declared to be unlawful in this chapter." "Person" includes individuals and businesses.

That sentence carries two conditions. The defendant must have acquired money or property from the unlawful practice, and the practice must be one the chapter declares unlawful. Under the general prohibition in section 51-15-02, that means it was connected to "the sale or advertisement of any merchandise." Section 51-15-02.2 separately makes it a deceptive practice to send a bill or invoice, or something that looks like one, seeking payment for goods not ordered or for services not ordered and not performed. The definitions are broad: "merchandise" includes "goods, commodities, intangibles, real estate, charitable contributions, or services," and "sale" includes "any charitable solicitation" and any "offer for sale, or attempt to sell."

A fake contractor, a bogus online store or a phony charity fits that language comfortably. Whether an impostor, romance or fake-prize scam, where nothing was really sold, counts as a practice in connection with a sale has not been settled in the research behind this guide, and we did not review any North Dakota court decision on it. A North Dakota lawyer can tell you whether your facts fit.

One more limit: section 51-15-02.3 makes it unlawful to knowingly help someone who is violating the chapter, but that section "does not authorize a private claim for relief," and only the Attorney General may enforce it.

What you can recover

Section 51-15-09 continues:

"If the court finds the defendant knowingly committed the conduct, the court may order that the person commencing the action recover up to three times the actual damages proven and the court must order that the person commencing the action recover costs, disbursements, and actual reasonable attorney's fees incurred in the action."

Read it closely. Triple damages require a finding that the defendant acted knowingly, and even then the court "may" award up to three times the actual damages: it is a ceiling, not an automatic tripling. The fee language is in the same sentence, after the knowing-conduct condition, and the text alone does not make clear whether a plaintiff who wins without that finding also recovers fees. If the court finds knowing conduct, the statute says it must award costs, disbursements and actual reasonable attorney's fees. We did not find a court decision on whether fees are available without that finding, so do not count on them in that case.

No notice letter, and a four-year deadline

Chapter 51-15 contains no requirement to send a demand or notice letter before suing. The deadline is in section 51-15-12:

"Notwithstanding chapter 28-01, an action for relief under this chapter is barred if the claim is not commenced within four years after the claim for relief accrues. The period of limitation for a claim for relief may not be deemed to have accrued until the aggrieved party discovers the facts constituting the violation of this chapter."

What the Attorney General can do

The Attorney General can sue for an injunction, and under section 51-15-07 the court may make orders "to restore to any person in interest any money, or property that may have been acquired by means of any practice" declared unlawful. If a court appoints a receiver, a victim who proves damage may share in the distribution of the defendant's assets to the extent of out-of-pocket losses (section 51-15-08).

The civil penalty of up to $5,000 per violation under section 51-15-11 is assessed "for the benefit of the state." It is an enforcement penalty, not money a victim collects.

Protections for older adults in North Dakota

The exploitation crime covers trusted people, not every scammer. Under section 12.1-31-07.1, a person commits exploitation of an "eligible adult" (someone at least 65 years old, or a vulnerable adult) if the person "stands in a position of trust and confidence or has a business relationship with the eligible adult" and knowingly, by deception, intimidation or undue influence, obtains or uses the adult's funds or property, or if the person "knows the eligible adult lacks the capacity to consent" and obtains or uses them. It is a class A felony over $50,000, a class B felony over $10,000 to $50,000, a class C felony over $1,000 to $10,000, and a class A misdemeanor at $1,000 or less. Not knowing the victim's age is not a defense.

A stranger who calls a capable 75-year-old and talks them into wiring money usually does not fit those categories. That conduct is covered by the general theft statute, section 12.1-23-02, which covers anyone who "knowingly obtains the property of another by deception." Theft over $1,000 is a felony, graded by amount.

A civil lawsuit for vulnerable adults. Section 50-25.2-11.1 gives a "vulnerable adult who has been financially exploited" a "cause of action against any perpetrator," not only someone in a position of trust. The claim must be proven by clear and convincing evidence. If it is, "the court shall award to the plaintiff actual damages, reasonable attorney's fees and costs," and if the exploitation involved oppression, fraud, deception or actual malice, the court may also award exemplary damages. Suit must be filed within six years after the plaintiff discovers, or with reasonable diligence should have discovered, the facts.

This lawsuit covers a "vulnerable adult," which North Dakota defines as an adult with "a substantial mental or functional impairment." Age alone does not qualify. The guardian, conservator, a person acting with the adult's consent, or the estate's personal representative can also bring it.

Who must report. Under section 50-25.2-03, medical and mental health professionals, law enforcement officers, firefighters, clergy and caregivers must report suspected abuse or exploitation of a vulnerable adult; anyone else may report. Agents, investment adviser representatives and supervisory, compliance or legal staff of broker-dealers and investment advisers must notify the state health and human services department and the securities commissioner under section 10-04-08.5. Banks and credit unions have no general duty to investigate or report (section 6-08.5-03).

Bank holds are allowed, not required. Under section 6-08.5-02, a bank, credit union, savings and loan association or trust company that has "a good faith belief to suspect financial exploitation" of an adult 65 or older or a vulnerable adult "may refuse a financial transaction or hold a financial transaction on an account." It does not have to. If it does, it must make a reasonable effort to notify someone authorized on the account (other than the suspected wrongdoer), and if the incident involves a vulnerable adult it must report to the health and human services department. The text we reviewed does not state how long a bank hold may last. A bank may also offer a trusted-contact list, though it is not required to.

For securities accounts the rule is more specific: after an internal review, a broker-dealer or investment adviser may delay a disbursement, and the delay expires after 15 business days unless the state asks for an extension, up to 25 business days, though a court or the securities commissioner may order a longer delay.

If you are worried about a parent's account, tell the bank directly that you suspect a scam. For fraud against anyone 60 or older, the federal DOJ National Elder Fraud Hotline (833-372-8311) can also help you report; see our elder fraud guide.

North Dakota scam laws on the books

Crypto ATMs (virtual currency kiosks)

House Bill 1447, signed April 10, 2025, took effect August 1, 2025. It is codified at sections 13-09.1-50 through 13-09.1-54 of the money transmitter chapter. Under it:

• License. A kiosk operator must be licensed in North Dakota as a money transmitter (section 13-09.1-50). You can check a license through the Nationwide Multistate Licensing System (NMLS) Consumer Access.
• Daily limit. An operator "may not accept transactions of more than two thousand dollars of cash or the equivalent in virtual currency per calendar day with a single customer in this state" (section 13-09.1-53). The limit applies to every customer, not only new ones.
• Warnings and receipts. Each kiosk must display a bold fraud warning that includes "IF YOU BELIEVE YOU ARE BEING SCAMMED, CALL A LOCAL LAW ENFORCEMENT OFFICER BEFORE ANY TRANSACTION" and "TRANSACTIONS CONDUCTED ON THIS VIRTUAL-CURRENCY KIOSK ARE IRREVERSIBLE," and must give a receipt naming the operator's contact details and a fraud-reporting agency (section 13-09.1-51).
• Fraud controls and customer service. Operators must use blockchain analytics, keep a written antifraud policy and employ a full-time compliance officer and a full-time consumer protection officer (section 13-09.1-52). Live customer service must be available at least Monday through Friday, 8 a.m. to 10 p.m. Central Time, through a toll-free number displayed at the kiosk (section 13-09.1-54).

What the law does not do matters as much. Some news coverage of HB 1447 described a lower deposit limit, a cap on fees and refunds for scam victims. Those were in earlier versions of the bill; the kiosk sections as enacted contain no refund right for victims and no fee cap, and they do not state a private lawsuit or other remedy for a victim. Whether the general money transmitter refund provision (section 13-09.1-28) can be used for a kiosk purchase has not been established. If you were sent to a crypto ATM by a scammer, report it quickly to law enforcement and the Department of Financial Institutions, and see our crypto and investment scams guide.

Door-to-door and telephone sales: 3 days, or 15 days if you are 65 or older

North Dakota's home solicitation law (chapter 51-18) covers a "personal solicitation sale," where the seller solicits the sale "by telephone or in person" and you agree to buy somewhere other than the seller's place of business. Under section 51-18-02, you may cancel until midnight of the third business day after you sign. A buyer 65 or older may cancel a personal solicitation sale of a product priced over $50 until midnight of the fifteenth business day. Cancel by written notice, delivered, mailed or emailed.

There are exceptions, including sales under $25, insurance, certain regulated telecommunications services, and sellers that offer a 15-day full refund (section 51-18-08). A waiver of these rights is void (section 51-18-08.1), and a violation of chapter 51-18 is also a violation of chapter 51-15, so the private claim described above can apply (section 51-18-09).

Telemarketing, do-not-call and spoofed caller ID

A telemarketer may not solicit a subscriber whose number has been on the Attorney General's do-not-call list or the national do-not-call registry for at least 31 days (section 51-28-06). Under section 51-28-11, anyone who receives a solicitation in violation of chapter 51-28 may sue, and "the court may award the plaintiff the plaintiff's actual damages or damages up to two thousand dollars for each violation, whichever is greater," plus costs and reasonable attorney's fees in the court's discretion. That suit must be filed within one year after you knew or should have known of the violation, or within one year after any attorney general proceeding ends, whichever is later (section 51-28-12).

Section 51-28-08.1 also bars knowingly causing caller ID to transmit misleading or inaccurate information "with the intent to defraud or cause harm," or to display a number the caller does not own or has no consent to use. For how phone and text scams work, see our phishing, smishing and vishing guide.

Suing a scammer or a business in North Dakota

Small claims court. North Dakota small claims court hears cases for the recovery of money, or the cancellation of an agreement "involving material fraud, deception, misrepresentation, or false promise," where the amount claimed or the value of the agreement does not exceed $15,000 (section 27-08.1-01). The state courts' self-help page notes that small claims decisions "can't be appealed" and that there is no right to a jury trial.

Deadlines. A claim under chapter 51-15 has the four-year limit above. A common-law fraud claim has six years under section 28-01-16(6), and it is "not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud." The vulnerable-adult lawsuit also has six years from discovery. Our North Dakota statute of limitations guide covers other civil deadlines.

Who you can actually reach. A lawsuit needs a defendant you can identify, serve and collect from. That often works against a North Dakota contractor, seller or business with a real address. It usually does not work against an anonymous scammer behind a spoofed number, a fake profile or an overseas account, and a judgment nobody can pay does not return your money. Our guide on when a lawyer helps after a scam explains when legal action is worth it.

Related guides

• Scams and fraud: your rights and where to start
• How to get money back after a scam
• Where to report a scam
• Elder fraud
• Crypto and investment scams
• North Dakota identity theft laws
• North Dakota debt collection laws
• North Dakota statute of limitations

Last updated: October 2, 2026.

This article is general legal information, not legal advice. For your specific situation, contact your payment company, the North Dakota office named above, or a lawyer licensed in North Dakota.

Frequently Asked Questions

Can I sue a scammer in North Dakota?

Possibly, if you can identify and serve them. N.D. Cent. Code section 51-15-09 allows a claim by any person against someone who acquired money or property through a deceptive practice connected to the sale or advertisement of merchandise, but an anonymous or overseas scammer is usually not reachable through a North Dakota court.

Do I have to be a consumer to sue under North Dakota's consumer fraud law?

No. Section 51-15-09 refers to any person, not a defined consumer. The defendant must have acquired money or property by a practice chapter 51-15 declares unlawful, which under the general prohibition requires a connection to the sale or advertisement of merchandise.

Does North Dakota award triple damages for consumer fraud?

Only if the court finds the defendant knowingly committed the conduct, and even then the court may award up to three times the actual damages proven (section 51-15-09). It is a ceiling, not automatic.

Will I get my attorney's fees back?

If the court finds the defendant knowingly committed the conduct, section 51-15-09 says it must order costs, disbursements and actual reasonable attorney's fees. Whether fees are available without that finding is unresolved, so do not count on them in that case; ask a North Dakota lawyer.

How long do I have to sue under chapter 51-15?

Four years after the claim accrues, and it does not accrue until you discover the facts constituting the violation (section 51-15-12). No pre-suit notice letter is required by the chapter.

Will the North Dakota Attorney General get my money back?

It may try. The Consumer Protection Division says it will try to mediate complaints within its authority and may refer you to a private attorney if mediation fails. It does not accept anonymous complaints.

How much can I put into a crypto ATM in North Dakota?

No more than $2,000 of cash or equivalent virtual currency per calendar day with a single operator's kiosks, under section 13-09.1-53, in force since August 1, 2025. The enacted law does not give scam victims a refund right.

Is elder financial exploitation a crime in North Dakota?

Yes, under section 12.1-31-07.1, when the offender is in a position of trust or a business relationship with an adult 65 or older or a vulnerable adult, or knows the adult lacks capacity. A stranger who defrauds a capable older adult falls under the general theft-by-deception statute instead.

Who do I call if a vulnerable adult in North Dakota is being exploited?

Vulnerable Adult Protective Services at 1-855-462-5465, press 2, weekdays 8 a.m. to 5 p.m. Central Time, or report online. Call law enforcement first in an emergency.

Can a North Dakota bank hold a transaction if it suspects elder fraud?

Yes, it may, but it does not have to. Section 6-08.5-02 lets a bank or credit union refuse or hold a transaction when it has a good faith belief that financial exploitation of an adult 65 or older or a vulnerable adult is occurring.

Can I cancel a door-to-door sale in North Dakota?

Generally until midnight of the third business day after you sign. A buyer 65 or older may cancel a sale of a product over $50 until midnight of the fifteenth business day (section 51-18-02).

What is the small claims limit in North Dakota?

$15,000. Small claims court can also cancel an agreement involving material fraud or false promise up to that value (section 27-08.1-01), and its decisions cannot be appealed.