Title 37, TRADE REGULATION

The department may appoint suitable and competent inspectors to aid the department in making inspections of scales under its jurisdiction. Source: SDC 1939, § 63.0302; SL 1945, ch 350 ; SL 2002, ch 184 , § 1; SL 2004, ch 17 , § 265; SL 2006, ch 187 , § 25; SL 2016, ch 183 , § 45.

The department may acquire standard weights and measures and additional facilities and equipment including motor vehicles or other means of conveyance deemed necessary and suitable in carrying on the work of inspecting, testing, and correcting scales and performing generally the …

The department or any agent, employee, or scale inspector of the department may at any time, without notice, enter any place maintaining a scale subject to the provisions of this chapter and test and seal all weighing scales and measures used in conducting the business. Source: S…

Terms used in this chapter mean: (1) "Department," the Department of Public Safety; (2) "Secretary," the secretary of the Department of Public Safety. Source: SL 2016, ch 183 , § 61.

All vehicle scales used in commercial trade shall be equipped with a type-registering weighbeam or a dial with a mechanical ticket printer, or a similar device capable of printing or stamping the weight values on scale tickets. Source: SL 1970, ch 221 , § 1; SDCL § 37-22A-1 .

The provisions of this chapter shall not apply to any vehicle scale used in commercial trade prior to July 1, 1970. Source: SL 1970, ch 221 , § 5.

Each scale ticket issued by vehicle scales used in commercial trade shall show the name of the agency performing the weighing service, the date of the weighing, the number of the scale or other information identifying the scale upon which the weighing is performed, the name of th…

In case of error of the weighmaster in preparing a scale ticket, the weighmaster shall prepare a corrected ticket showing the correction made and stating on the back of the ticket the reason for the change. If an error in the preparation of the ticket, other than the weight, due …

The provisions of chapter 37-22 , relating to heavy scales and defining the duties and powers of the department apply to and govern the administration and enforcement of this chapter. Source: SL 1970, ch 221 , § 4; SL 2004, ch 17 , § 276; SL 2016, ch 183 , § 56.

The attorney general shall, in addition to other powers and duties vested in him by this or any other law: (1) Receive and forward to appropriate agencies of the state for final processing and determination of complaints from any citizen of South Dakota relating to consumer affai…

All departments, officers, agencies, and employees of the State of South Dakota shall cooperate with the attorney general in carrying out his functions under this chapter. Source: SL 1969, ch 226 , § 4; SL 1987, ch 29 , § 45.

The attorney general of the State of South Dakota is hereby authorized to file injunctive procedures in any cases dealing with the protection of the consumer. Source: SL 1969, ch 226 , § 6.

Terms used in this chapter mean: (1) "Advertisement," the attempt by publication, dissemination, solicitation, or circulation, whether oral, visual, written, or otherwise, and whether in person, by telephone, or by any other means, to induce directly or indirectly any person to e…

Nothing in this chapter applies to acts or practices required or permitted by or in accord with laws of this state or the United States or under rules, regulations, sub-regulatory policy, or decisions interpreting the same. Source: SL 1971, ch 218 , § 4 (a) (2); SL 2014, ch 191 ,…

Nothing in this chapter shall apply to publishers, broadcasters, printers, or other persons in so far as an unlawful act or practice as defined in § 37-24-6 involves information that has been disseminated or reproduced on behalf of others without knowledge that it is an unlawful …

If the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by § 37-24-6 or has entered into a contract with a provision that is void and unenforceable under § 53-9-13 , and he be…

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…