Title 37 — TRADE REGULATION
48 chapters · 598 sections in this title.
SDCL § 37-30-3 Solicitor to register with attorney general--Registration periods--Information to be provided by solicitor--Failure to register as misdemeanor
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Every paid solicitor shall register each time with the attorney general no less than thirty days prior to conducting any solicitation. The initial registration for a paid solicitor shall be valid for one year and may be renewed for an additional one - year period if the solicitat…
SDCL § 37-30-4 Attorney general's approval of application required prior to solicitation--Period for review--Basis for denial of registration
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No paid solicitor may commence a solicitation until the application is reviewed and approved by the attorney general. The attorney general shall review the application within forty - five days of receiving the application. The attorney general, pursuant to chapter 1-26 , may deny…
SDCL § 37-30-5 Applicant must file bond--Requirements as to bond--Failure to provide bond as misdemeanor
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An applicant for registration or for a renewal of registration as a paid solicitor shall, at the time of making such application, file with and have approved by the attorney general a bond from a surety company qualified to do business in the state. The bond shall be for the sum …
SDCL § 37-30-6 Solicitation notice--Form and contents--Failure to comply as misdemeanor
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A solicitation notice shall be on forms prescribed by the attorney general, in writing and under oath, and shall include a description of the solicitation event or campaign, the location and telephone number from which the solicitation is to be conducted, the names and residence …
SDCL § 37-30-7 Contract between solicitor and charitable organization--Requirements--Failure to comply as misdemeanor
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A contract between a paid solicitor and a charitable organization shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization and shall state the minimum amount which the charitable organization shall receive as a resu…
SDCL § 37-30-8 Solicitor required to have written consent before permitted to use name of charitable organization--Failure to comply as misdemeanor
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A paid solicitor may not represent that any part of the contributions received will be given or donated to any charitable organization unless such organization has consented in writing to the use of its name, prior to the solicitation. Such written consent shall be signed by two …
SDCL § 37-30-9 Solicitor required to have written commitment where charitable organization agrees to accept donated tickets to an event--Failure to comply as misdemeanor
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No paid solicitor may represent that tickets to an event are to be donated for use by another, unless the paid solicitor has first obtained a commitment, in writing, from a charitable organization stating that it will accept donated tickets and specifying the number of tickets wh…
SDCL § 37-30A-1 Definitions
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Terms used in this chapter mean: (1) "Consumer," an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes; (2) "Consumer goods or services," any tangible personal property or servic…
SDCL § 37-30A-10 Additional excluded transactions
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The provisions of §§ 37-30A-4 to 37-30A-8 , inclusive, do not apply to a transaction in which the consumer may obtain a full refund for the return of undamaged and unused goods, or a cancellation of services, if notice is sent to the seller within ten days after receipt by the co…
SDCL § 37-30A-11 Return of goods within refund period--Duties of telemarketer who has received notice to cancel from consumer
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The telemarketer shall guarantee the goods to be satisfactory to the consumer to the extent that the consumer may, at any time within the ten - day refund period, cancel the sale by notifying the telemarketer in writing, if the consumer returns to the telemarketer the goods sold …
SDCL § 37-30A-12 Location of sale
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For the purposes of enforcement of this chapter, any telemarketing sale is considered to have taken place in the state where the consumer is located, regardless of the location of the telemarketer. Source: SL 1997, ch 222 , § 12.
SDCL § 37-30A-13 Willful violation
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A willful violation of this chapter is an unfair or deceptive trade practice and is subject to the relief provided under chapter 37-24 . Source: SL 1997, ch 222 , § 13.
SDCL § 37-30A-14 Civil action permitted for willful violation
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Any consumer 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 a willful act or pra…
SDCL § 37-30A-15 Other actions not affected
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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 222 , § 15.
SDCL § 37-30A-16 Violation as 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 222 , § 16.
SDCL § 37-30A-17 Telemarketer must prove exemption
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A telemarketer claiming an exemption from the provisions of this chapter has the burden of proving the exemption. Source: SL 1997, ch 222 , § 17.
SDCL § 37-30A-2 Required disclosures
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Any telemarketer who makes an unsolicited consumer telephone communication to a residential telephone number shall: (1) On caller identification technologies, use and display the telemarketer's authentic name or entity and telephone number; (2) Immediately identify themselves wit…
SDCL § 37-30A-3 Unreasonable telemarketer practices
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A telemarketer may not: (1) Engage in unfair or deceptive telephone solicitation; (2) Place unsolicited consumer telephone communications to any residence which will be received before 9 a.m. or after 9 p.m. at the consumer's local time or place any unsolicited consumer telephone…
SDCL § 37-30A-4 Written confirmation of verbal agreement required
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Any verbal agreement made by a consumer to purchase any goods or services from a telemarketer is not valid and legally binding unless the telemarketer receives from the consumer a signed written confirmation that discloses in full the terms of the sale agreed upon. Source: SL 199…
SDCL § 37-30A-5 Contents of written confirmation
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The written confirmation shall include the following information: (1) The true business name of the telemarketer; (2) The true address and telephone number at which personal or voice contact with an employee or agent of the telemarketer can be made during normal business hours an…
SDCL § 37-30A-6 Terms of liability for goods or services
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A telemarketer may not make or submit any charge to the consumer's credit card or bank account until the telemarketer has received from the consumer an original copy of the written confirmation, signed by the consumer, that complies with §
SDCL § 37-30A-7 Right of cancellation for consumer
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If the consumer sends payment to the telemarketer in the form of a personal check, cash, or any other form of payment other than credit card without having included a signed written confirmation, the consumer may choose at any time to cancel the sale by notifying the telemarketer…
SDCL § 37-30A-8 Excluded transactions
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The provisions of this chapter do not apply to a transaction: (1) Made by a merchant who operates an established business that has a fixed permanent location, who displays or offers consumer goods or services for sale on a continuing basis, and less than twenty - five percent of …
SDCL § 37-30A-9 Repealed by SL 1999, ch 227 , § 10 37-30A-10 Additional excluded transactions
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37-30A-11 Return of goods within refund period--Duties of telemarketer who has received notice to cancel from consumer. 37-30A-12 Location of sale. 37-30A-13 Willful violation. 37-30A-14 Civil action permitted for willful violation. 37-30A-15 Other actions not affected. 37-30A-16…
SDCL § 37-31-1 Definition of terms
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Terms used in this chapter mean: (1) "Assistive device," any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity, including manual wheelchairs, motorized wheelchairs, motorized scooters, and othe…
SDCL § 37-31-2 Manufacturer's warranty--Duration
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A manufacturer who sells or leases an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty may not be less than one year after firs…
SDCL § 37-31-3 Repair of nonconforming devices--Reimbursement by manufacturer--Failure to repair
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If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for …
SDCL § 37-31-4 Return of nonconforming device for replacement or refund
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To receive an assistive device of comparable quality, size, and function or a refund, the consumer shall offer to transfer possession of the nonconforming assistive device to the manufacturer. Not more than thirty days after such an offer the manufacturer shall provide the consum…
SDCL § 37-31-5 Refund for leased nonconforming assistive device--Transfer of possession of device
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To receive a refund due under a leased assistive device, a consumer shall offer to return the nonconforming assistive device to the lessor. Not more than thirty days after such an offer, the lessor of the assistive device shall provide the refund to the consumer. When the lessor …
SDCL § 37-31-6 No enforcement of lease following refund to consumer
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No person may enforce a lease against a consumer after the consumer receives a refund due under §
SDCL § 37-31-7 Other rights and remedies of consumer--Action for damages--Award
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This chapter does not limit rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights under this chapter is void. In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of …
SDCL § 37-31-8 Restrictions on resale or lease of returned devices
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No nonconforming assistive device returned by a consumer or assistive device lessor in this state, or by a consumer or assistive device lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for r…
SDCL § 37-31-9 Liability of dealer or lessor
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Nothing in this chapter may be interpreted to make the assistive device dealer or lessor responsible for the obligations of the manufacturer. Source: SL 1996, ch 242 , § 10.
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…