Title 37 — TRADE REGULATION
48 chapters · 598 sections in this title.
SDCL § 37-32-1 Definition of terms
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Terms used in this chapter mean: (1) "Prize," any gift, award, or other item or service of value that is different and distinct from the goods, service, or property promoted by a sponsor and requires payment to the sponsor for the prize. Prize does not include an item offered in …
SDCL § 37-32-10 Prize unavailable
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A solicitor who represents to an individual in a written prize notice that the individual has won or will receive a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with an…
SDCL § 37-32-11 Temporary or permanent injunction for violation
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If the attorney general or a state's attorney, has reason to believe that any person has violated this chapter, the attorney general or state's attorney may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of su…
SDCL § 37-32-12 Civil penalties for violation of injunction
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The attorney general or a state's attorney, upon petition to the court, may recover on behalf of the state, a civil penalty of at least one hundred dollars and not more than five thousand dollars per violation from any person who violates the terms of an injunction issued under §
SDCL § 37-32-13 Civil penalties for intentional violation
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In any action brought under § 37-32-11 , if the court finds that a solicitor or sponsor intentionally used an act or practice declared to be unlawful by this chapter, the attorney general or state's attorney, upon petition to the court, may recover, on behalf of the state, a civi…
SDCL § 37-32-14 Civil action by individual
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Any individual who claims to have been adversely affected by any act or practice declared to be unlawful by this chapter may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of such act or practi…
SDCL § 37-32-15 Venue of action
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An action under this chapter shall be tried in the circuit court for the county in which the alleged violator resides or, if the action is brought by the attorney general on behalf of the state, has its place of business, in the circuit court of the county where the victim reside…
SDCL § 37-32-16 Conflict with other actions
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Any action arising under this chapter in no way affects any cause of action arising under other laws of this state or under the common law, whether or not the other cause of action is included within the provisions of this chapter. Source: SL 1997, ch 223 , § 16.
SDCL § 37-32-17 Violation is Class 1 misdemeanor
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Any person who knowingly or intentionally violates this chapter with the intent to defraud a consumer is guilty of a Class 1 misdemeanor. Source: SL 1997, ch 223 , § 17.
SDCL § 37-32-18 Applicability of chapter
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The provisions of this chapter do not apply to a transaction made by a merchant who operates an established business that has a fixed permanent location and who displays or offers consumer goods or services for sale on a continuing basis. Source: SL 1997, ch 223 , § 18.
SDCL § 37-32-2 Payment not allowed as requirement to receive written prize notice
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If a solicitor represents to an individual that the individual has won or will receive a prize, the solicitor may not request, and the solicitor or sponsor may not accept, a payment from the individual in any form before the individual receives a written prize notice that contain…
SDCL § 37-32-3 Written prize notice--Contents
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A written prize notice shall contain all of the following information: (1) The true name, address, and telephone number of the solicitor and sponsor; (2) The verifiable retail value of each prize the individual has been selected or may be eligible to receive; (3) If the notice li…
SDCL § 37-32-4 Retail value and statement of odds
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The verifiable retail value and the statement of odds required in a written prize notice shall be stated in immediate proximity to each listing of the prize in each place the prize appears on the written prize notice and shall be in the same size and boldness of type as the prize…
SDCL § 37-32-5 Statement of shipping and handling fees
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If an individual is required to pay shipping or handling fees or any other charges to obtain or use a prize, the following statement shall appear in immediate proximity to each listing of the prize in each place the prize appears in the written prize notice and may not be in less…
SDCL § 37-32-6 Location and size of information in notice
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The information required in a written prize notice under subdivision 37-32-3(4) shall be on the first page of the written prize notice in not less than 12-point boldface type. The information required by subdivisions 37-32-3(6), (7), and (8) may not be in less than 12-point boldf…
SDCL § 37-32-7 Name of sponsor on notice
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If a written prize notice is given by a solicitor on behalf of a sponsor, the name of the sponsor shall be prominently and conspicuously displayed. Source: SL 1997, ch 223 , § 7.
SDCL § 37-32-8 Limitations on solicitor or sponsor
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A solicitor or sponsor may not do any of the following: (1) Place on an envelope containing a written prize notice any representation that the person to whom the envelope is addressed has won or will receive a prize; (2) Deliver a written prize notice that contains language, or i…
SDCL § 37-32-9 Sales presentations
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If a prize notice requires or invites an individual to view, hear, or attend a sales presentation in order to claim a prize, the sales presentation may not begin until the solicitor does all of the following: (1) Informs the individual of the prize, if any, that has been awarded …