Title 37 — TRADE REGULATION
48 chapters · 598 sections in this title.
SDCL § 37-24-18 Information disclosed only as necessary for enforcement
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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…
SDCL § 37-24-19 Acceptance of assurance of voluntary compliance authorized
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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…
SDCL § 37-24-20 Form and contents of assurance of voluntary compliance--Approval by circuit court
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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…
SDCL § 37-24-21 Assurance not admission--Failure to comply prima facie evidence of violation
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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…
SDCL § 37-24-22 Reopening of matters closed by acceptance of assurance
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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 §
SDCL § 37-24-23 Attorney general's action for injunction--Notice--Attorney fees
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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…
SDCL § 37-24-24 State's attorneys to assist--Action by state's attorney
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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…
SDCL § 37-24-25 Venue of actions for injunction--Relief granted
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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 …
SDCL § 37-24-26 Civil penalty for violation of injunction
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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 §
SDCL § 37-24-27 Civil penalty for intentional violations recovered in action for injunction
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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…
SDCL § 37-24-28 Jurisdiction retained by court issuing injunction
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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).
SDCL § 37-24-29 Additional judicial relief from unlawful practices--Appointment of receiver
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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 §
SDCL § 37-24-30 Powers of receiver
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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 …
SDCL § 37-24-31 Action for damages brought by person adversely affected
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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.
SDCL § 37-24-32 Other private remedies unaffected
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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 §
SDCL § 37-24-33 Limitation of actions
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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.
SDCL § 37-24-34 Chapter not retroactive
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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.
SDCL § 37-24-35 Severability of provisions
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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…
SDCL § 37-24-41 Definitions
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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…
SDCL § 37-24-42 Unsolicited commercial e-mail advertisements restricted
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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…
SDCL § 37-24-43 Internet access service provider policy restricting e-mail permitted
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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…
SDCL § 37-24-44 Collection of e-mail addresses to initiate unsolicited commercial e-mail advertisements prohibited
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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…
SDCL § 37-24-45 Obtaining e-mail addresses by automated means to initiate unsolicited commercial e-mail advertisements prohibited
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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…
SDCL § 37-24-46 Use of automated means to register multiple e-mail accounts from which to initiate unsolicited commercial e-mail advertisements prohibited
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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…
SDCL § 37-24-47 Prohibited commercial e-mail advertisements
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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…
SDCL § 37-24-48 Actions for damages--Attorney's fees and costs--Reduction of damages under certain circumstances
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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…
SDCL § 37-24-49 SDCL 37-24-49
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Contractor defined for §§ 37-24-50 and
SDCL § 37-24-5.1 "Door to door sale" defined
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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 …
SDCL § 37-24-5.2 Transactions not considered door to door sales
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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…
SDCL § 37-24-5.3 Door to door seller's failure to inform buyer of right to cancel
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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…
SDCL § 37-24-5.5 Deceptive to include confession of judgment or waiver of rights in door to door sale
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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 …
SDCL § 37-24-5.6 Deceptive to fail to honor notice of cancellation of door to door sale--Notice of intent to repossess or abandon delivered goods
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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…
SDCL § 37-24-5.7 Criteria for compliance of door to door sales with notice requirements
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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 …
SDCL § 37-24-50 Contractor rebate of insurance deductible prohibited
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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…
SDCL § 37-24-50.1 Motor vehicle repair contractor--Rebate of insurance deductible prohibited--Contract void
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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…
SDCL § 37-24-51 Cancellation of storm damage roofing repair contract
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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…
SDCL § 37-24-52 Organized retail crime--Each act a misdemeanor or felony
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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 …
SDCL § 37-24-53 Restitution and reimbursement for organized retail crime
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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 §
SDCL § 37-24-54 Defenses
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It is not a defense to a charge under this chapter that the property was not stolen, embezzled, or converted property at the time of the violation if the property was explicitly represented to the accused person as being stolen, embezzled, or converted property. Source: SL 2014, …
SDCL § 37-24-55 Charges not prohibited by chapter
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This chapter does not prohibit a person from being charged with, convicted of, or sentenced for any violation of statute arising out of the same criminal transaction that violates this chapter. Source: SL 2014, ch 191 , § 9.
SDCL § 37-24-56 Aggregating amount involved to determine degree of punishment
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In calculating the amount involved in deceptive act violations pursuant to this chapter, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, the amount may be aggregated in determining the degree of punishment of the scheme or c…
SDCL § 37-24-57 Report by financial institution of exploitation of elder or adult with disability
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A financial institution, as defined in 31 U.S.C. § 5312(a)(2), who voluntarily or mandatorily reports via a suspicious activity report, pursuant to 31 U.S.C. § 5318(g), any possible violation of law or regulation constituting exploitation, as defined in subdivision 22-46-1(5), ma…
SDCL § 37-24-58 Cooperation of financial institution with investigation of abuse, neglect, or exploitation of elder or adult with disability
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A financial institution shall cooperate with any lead investigative agency, law enforcement, or prosecuting authority that is investigating the abuse, neglect, or exploitation of an elder or adult with a disability and comply with reasonable requests for the production of financi…
Deceptive act or practice--Penalty
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It is a deceptive act or practice for any person to: (1) Knowingly act, use, or employ any deceptive act or practice, fraud, false pretense, false promises, or misrepresentation or to conceal, suppress, or omit any material fact in connection with the sale or advertisement of any…
SDCL § 37-24-6.1 Electronic cash registers required to display transactions and issue receipts--Violation as petty offense
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Any person who owns or operates a retail outlet which uses an electronic cash register which does not provide each customer with a receipt for every transaction or does not display the transaction on the cash register so that it is visible to the customer commits a petty offense.…
SDCL § 37-24-6.2 Advertisement at regular price not prohibited
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Nothing in § 37-24-6 shall prohibit the advertisement of merchandise at its regular price. Source: SL 1989, ch 338 , § 2.
SDCL § 37-24-7 Other remedies unimpaired by definition of deceptive practices--Actions under chapter restricted
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The acts or practices listed in § 37-24-6 are in addition to and do not limit the types of practices actionable at common law or under other statutes of this state; provided, however, that actions brought pursuant to this chapter shall relate exclusively to practices declared to …
SDCL § 37-24-8 Prima facie knowledge of deceptive practice--Civil relief unaffected
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For the purposes only of actions brought by the attorney general under § 37-24-23 or by state's attorneys under § 37-24-24 , the engaging in an act or practice declared to be unlawful by § 37-24-6 shall be prima facie evidence that the act or practice was engaged in knowingly and…
SDCL § 37-24-9 Repealed by SL 1983, ch 277 , § 2 37-24-10 Lawful practices unaffected by chapter
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37-24-11 Advertising media exempt without knowledge of unlawfulness. 37-24-12 Attorney general's investigative demand for report on suspect practices. 37-24-13 Modification or setting aside of director's investigative demand. 37-24-14 Subpoena powers of attorney general--Hearings…
SDCL § 37-25A-1 Definitions
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Terms used in this chapter, unless the context otherwise requires, mean: (1) "Advertising," any circular, prospectus, advertisement, or other material or any communication by radio, television, pictures, or similar means used in connection with an offer or sale of any business op…