Title 37, TRADE REGULATION

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.

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, …

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.

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…

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…

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…

Terms used in this section and §§ 37-24-60 to 37-24-64 , mean: (1) "Biological sample," any part of a human that is known to contain deoxyribonucleic acid; (2) "Consumer," an individual who is a resident of this state; (3) "De-identified data," genetic data that cannot reasonably…

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…

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.…

Nothing in § 37-24-6 shall prohibit the advertisement of merchandise at its regular price. Source: SL 1989, ch 338 , § 2.

To safeguard the confidentiality, integrity, privacy, and security of a consumer's genetic data, a direct-to-consumer genetic testing company shall: (1) Make available to the consumer in plain language: (a) A privacy policy that includes basic, essential information about the com…

If a consumer revokes consent pursuant to § 37-24-60 , the company must honor the consumer's revocation of consent within thirty days. If a consumer revokes consent to store the consumer's biological sample, the company must destroy the consumer's biological sample within thirty …

A service provider under contract with a direct-to-consumer genetic testing company is subject to the same confidentiality obligations as the direct-to-consumer genetic testing company, as set forth in § 37-24-60 , with respect to all biological samples, genetic data, and informa…

The attorney general, upon petition to the court, may impose a civil penalty against a person for violating § 37-24-60 , 37-24-61 , or 37-24-62 . The amount of the civil penalty may not exceed five thousand dollars per violation. Source: SL 2026, ch 164 , § 5.

The provisions of §§ 37-24-60 to 37-24-63 , inclusive, do not apply to: (1) Protected health information collected by a covered entity or business associate, as those terms are defined in 45 C.F.R. § 160.103 (November 25, 2025); (2) A biological sample that is obtained or genetic…

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 …

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…

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…

A registration fee of one hundred dollars shall accompany the application for registration. Source: SL 1985, ch 305 , § 10.

A registration is automatically effective upon the expiration of the tenth full business day after a complete filing if no order is issued or proceeding is pending under § 37-25A-18 . The director of the Division of Insurance may by order waive or reduce the time period prior to …

The registration is effective for one year commencing on the date of effectiveness and may be renewed annually upon the filing of a current disclosure document accompanied by any document or information that the director of the Division of Insurance required. The registration ren…

The director of the Division of Insurance may by rule or order require the filing of all proposed literature or advertising prior to its use. Source: SL 1985, ch 305 , § 13; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.

No person may offer or sell any business opportunity required to be registered under this chapter unless a written disclosure document as filed under § 37-25A-8 is delivered to each purchaser at least ten business days prior to the execution by a purchaser of any contract or agre…

The disclosure document shall have a cover sheet entitled, in at least ten - point bold type, "DISCLOSURE REQUIRED BY SOUTH DAKOTA." Under the title shall appear the statement in at least ten - point type that "THE REGISTRATION OF THIS BUSINESS OPPORTUNITY DOES NOT CONSTITUTE APP…

No person may offer or sell any business opportunity required to be registered unless the business opportunity contract or agreement is in writing and a copy of the contract or agreement is given to the purchaser at the time the purchaser signs the contract or agreement. Source: …

Any contract or agreement shall set forth in at least ten - point type or equivalent size, if handwritten, the following: (1) The terms and condition of any payments due to the seller; (2) The seller's principal business address and the name and address of the seller's agent in t…

The director of the Division of Insurance may issue an order denying, suspending or revoking the effectiveness of any registration if the director finds that the order is in the public interest and that: (1) The registration as of its effective date or as of any earlier date in t…

The director of the Division of Insurance may not institute a proceeding under § 37-25A-18 against an effective registration on the basis of a fact or transaction known to the director when the registration became effective unless the proceeding is instituted within the next thir…

For the purposes of this chapter, the term, business opportunity, does not include: (1) Any offer or sale of an on-going business operated by the seller and sold in its entirety; (2) Any offer or sale of a business opportunity to an on-going business if the seller provides produc…

The director of the Division of Insurance may by order summarily postpone or suspend the effectiveness of the registration pending final determination of any proceeding under this chapter. Upon the entry of the order, the director shall promptly notify the seller that the order h…

No stop order may be entered under any part of this chapter, except under § 37-25A-20 , without appropriate prior notice to the seller, opportunity for hearing, and written findings of fact and conclusions of law. Source: SL 1985, ch 305 , § 21.

The director of the Division of Insurance may vacate or modify an order issued under this chapter if the director finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so. Source: SL 1985, ch 305 , § 22; SL 2017, ch 2…

In connection with the offer or sale of a business opportunity, no seller may make or use any of the representations set forth in subsections 37-25A-1(2)(d) and (2)(e) unless the seller has at all times a minimum net worth of twenty-five thousand dollars as determined in accordan…

If the seller is required to obtain a surety bond, the seller shall maintain a surety bond for the duration of the guarantee or representation giving rise to the surety bond requirement. Upon expiration of the period of the guarantee, the seller may allow the surety bond to lapse…

The director of the Division of Insurance may not use for personal benefit any information which is filed with or obtained by the director and which is not made public. The director may not disclose any information except if necessary or appropriate in a proceeding or investigati…