Title 37, TRADE REGULATION

At any time before the return date specified in an investigative demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the circui…

To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred on him by this chapter, may issue subpoenas to any person, conduct hearings in aid of any investigation or inquiry, prescribe such form…

If any person refuses to answer any question or interrogatory, produce any document or otherwise comply with the written demand served upon him under § 37-24-12 on the ground of the privilege against self - incrimination, the testimony, answer to interrogatories or production of …

Service of any notice, demand, or subpoena under this chapter shall be personally served within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner: (1) Personal service thereof without the state; or (2) The mailing thereof…

Any person refusing to obey such notice, demand, or subpoena, or to testify when subpoenaed, or to bring evidence required to be brought by said notice, demand, or subpoena, may be certified to the circuit court nearest to the point where the notice, demand, or subpoena requires …

Information obtained pursuant to the powers conferred by this chapter may not be made public or disclosed by the attorney general or his employees beyond the extent necessary for law enforcement purposes in the public interest. Source: SL 1971, ch 218 , § 11; SL 1987, ch 29 , § 4…

In the enforcement of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice alleged to be violative of the chapter from any person who has engaged in, is engaging in, or is about to engage in such act or practice. S…

Unless otherwise agreed, if unordered merchandise is delivered in person or by mail or common carrier to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unordered merchandise shall be deemed an unconditional …

Any such assurance shall be in writing and be subject to the approval of the circuit court for the county in which the alleged violator resides or has his principal place of business or the circuit court for Hughes County, South Dakota. Such assurance may include a stipulation fo…

An assurance of voluntary compliance may not be considered an admission of violation for any purpose. However, proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of this chapter, and may not be disclosed unless such disclo…

Matters closed by the acceptance of an assurance of voluntary compliance may at any time be reopened by the attorney general for further proceedings in the public interest, pursuant to § 37-24-23 . Source: SL 1971, ch 218 , § 9.

If the attorney general has reason to believe that any person is using, has used, or is about to use any act or practice declared to be unlawful by § 37-24-6 and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state ag…

It shall be the duty of state's attorneys to render to the attorney general such assistance as the attorney general may request in the commencement and prosecution by the attorney general of actions pursuant to this chapter. The state's attorney with prior approval of the attorne…

An action under § 37-24-23 may be brought in the circuit court for the county in which the alleged violator resides or has his place of business or in the circuit court for Hughes County, South Dakota. The said courts are authorized to issue temporary or permanent injunctions to …

The attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars per violation from any person who violates the terms of an injunction issued under § 37-24-25 . Source: SL 1971, ch 218 , § 14 (a).

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 pena…

For the purposes of §§ 37-24-26 and 37-24-27 , the court issuing an injunction shall retain jurisdiction, and the cause shall be continued. Source: SL 1971, ch 218 , § 14 (c).

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which the court finds to have been acquired by means of any act or practice declared to be unlawful by § 37-24-6 . Such additi…

37-24-5.2 Transactions not considered door to door sales. 37-24-5.3 Door to door seller's failure to inform buyer of right to cancel. 37-24-5.4 Cancellation notice form to be furnished and filled in by door to door seller. 37-24-5.5 Deceptive to include confession of judgment or …

When a receiver is appointed by the court pursuant to § 37-24-29 , he shall have the power to sue for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, land and tenements, books, records, documents, papers, choses …

Any person who claims to have been adversely affected by any act or a practice declared to be unlawful by § 37-24-6 shall be permitted to bring a civil action for the recovery of actual damages suffered as a result of such act or practice. Source: SL 1971, ch 218 , § 8.

Section 37-24-31 shall apply only to causes of action arising under § 37-24-6 and shall in no way affect causes of action arising under other laws of this state or under the common law, whether or not such other causes of action are included within the provisions of § 37-24-6 . S…

No action under this chapter may be brought more than four years after the occurrence or discovery of the conduct which is the subject of the action. Source: SL 1971, ch 218 , § 16; SL 2008, ch 206 , § 1.

This chapter does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 1, 1971. Source: SL 1971, ch 218 , § 17.

If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision of application, and to this end the…

Terms used in §§ 37-24-41 to 37-24-48 , inclusive, mean: (1) "Advertiser," a person or entity that advertises through the use of commercial e-mail advertisements; (2) "Commercial e-mail advertisement," any electronic mail message initiated for the purpose of advertising or promot…

No person or entity may do any of the following unless the subject line complies with the requirements set forth in subdivision 37-24-6(13): (1) Initiate or advertise in an unsolicited commercial e-mail advertisement from South Dakota or advertise in an unsolicited commercial e-m…

Nothing in §§ 37-24-41 to 37-24-48 , inclusive, may be construed to limit or restrict the adoption, implementation, or enforcement by a provider of internet access service of a policy of declining to transmit, receive, route, relay, handle, or store certain types of electronic ma…

No person may collect electronic mail addresses posted on the internet if the purpose of the collection is for the electronic mail addresses to be used to do either of the following: (1) Initiate or advertise in an unsolicited commercial e-mail advertisement from South Dakota, or…

No person may use an electronic mail address obtained by using automated means based on a combination of names, letters, or numbers to do either of the following: (1) Initiate or advertise in an unsolicited commercial e-mail advertisement from South Dakota, or advertise in an uns…

No person may use scripts or other automated means to register for multiple electronic mail accounts from which to do, or to enable another person to do, either of the following: (1) Initiate or advertise in an unsolicited commercial e-mail advertisement from South Dakota, or adv…

No person may advertise in a commercial e-mail advertisement either sent from South Dakota or sent to a South Dakota electronic mail address under any of the following circumstances: (1) The e-mail advertisement contains or is accompanied by a third-party's domain name without th…

The recipient of an unsolicited commercial e-mail advertisement, an electronic mail service provider, or the attorney general may bring an action against any person that violates § 37-24-42 , 37-24-44 , 37-24-45 , 37-24-46 , or 37-24-47 and may recover either or both of the follo…

37-24-50 and 37-24-51 . For the purposes of §§ 37-24-50 and 37-24-51 , the term, contractor, is a residential building contractor who is providing roofing services, a residential remodeler who is providing roofing services, or a residential roofer. Source: SL 2012, ch 198 , § 3.

In this chapter, unless the context otherwise requires, "door to door sale" means, except as provided by § 37-24-5.2 , any sale, lease, or rental of goods or services with a purchase price of twenty - five dollars or more, whether under single or multiple contracts, in which the …

The term "door to door sale" shall not include any transaction: (1) Made pursuant to prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on…

It is a deceptive act or practice, within the meaning of § 37-24-6 , for any seller, in connection with any door to door sale, to: (1) Fail to furnish the buyer with a fully completed receipt or copy of any contract pertaining to such sale at the time of its execution which shows…

It is a deceptive act or practice, within the meaning of § 37-24-6 , for any seller, in connection with any door to door sale, to: (1) Fail to furnish each buyer, at the time the buyer signs the door to door sales contract or otherwise agrees to buy goods or services from the sel…

It is a deceptive act or practice, within the meaning of § 37-24-6 , for any seller to include in any door to door contract or receipt any confession of judgment or any waiver of any of the rights to which the buyer is entitled under this chapter including specifically his right …

It is a deceptive act or practice within the meaning of § 37-24-6 , for any seller, in connection with any door to door sale, to: (1) Fail or refuse to honor any valid notice of cancellation by a buyer and within ten business days after the receipt of such notice, to refund all p…

A door to door sale shall be deemed to be in compliance with the notice requirements of this chapter if: (1) The buyer may at any time: (a) Cancel the sale; or (b) Refuse to accept delivery of the goods without incurring any obligation to pay for them; or (c) Return the goods to …

No contractor providing residential roofing goods and services to any person or entity may advertise or promise to pay or rebate all or part of any applicable insurance deductible. If a contractor violates this section, any contract entered into between the contractor and that pe…

No contractor in this state providing motor vehicle repair, auto body repair, or collision repair services to any person may: (1) Advertise, promise to provide, or offer any coupon, credit, or rebate to pay all or part of an applicable insurance deductible; or (2) Pay or rebate a…

Any person or entity that has entered into a written storm damage repair contract to obtain or provide residential roofing goods and services may cancel the contract within seventy-two hours after: (1) Entering into the contract; or (2) Being notified that the owner's property in…

A person is guilty of organized retail crime if that person, alone or in association with another person, does any of the following: (1) Knowingly commits an organized retail crime; (2) Organizes, supervises, conspires, finances, or otherwise manages or assists another person in …

The court shall order a person who is found guilty of organized retail crime to make restitution to any retail seller victim and to reimburse the governmental entity for its expenses incurred as a result of the violation of § 37-24-52 . Source: SL 2014, ch 191 , § 7.