Title 37 — TRADE REGULATION

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 …

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, promote, means contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme. Source: SL 2003, ch 213 , § 1.

If it appears to the attorney general that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of §§ 37-33-1 to 37-33-11 , inclusive, or any order under §§ 37-33-1 to 37-33-11 , inclusive, the attorney general may do one o…

The burden of showing compliance with the provisions of §§ 37-33-1 to 37-33-11 , inclusive, lies with the plan, scheme, or person involved with such plan or scheme. Source: SL 2003, ch 213 , § 11.

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, appropriate inventory repurchase program, means a program by which a plan or operation repurchases, upon request and upon commercially reasonable terms, when the salesperson's business relationship with the company…

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, pyramid promotional scheme, means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the pl…

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, compensation, means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to participate in a pyramid promotional scheme. Source: SL 2003, ch 213 , § 4.

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, consideration, means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not …

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, inventory loading, means that the plan or operation requires or encourages its independent salespersons to purchase inventory in an amount, which exceeds that which the salesperson can expect to resell for ultimate…

No person may establish, promote, operate, or participate in any pyramid promotional scheme. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does…

Nothing in §§ 37-33-1 to 37-33-11 , inclusive, may be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive co…

The provisions of §§ 37-33-1 to 37-33-11 , inclusive, do not preclude, preempt, or prohibit the attorney general from proceeding against any plan or scheme or any person involved with such plan or scheme under any other provision of law. Source: SL 2003, ch 213 , § 9.

The term, debt adjusting, means the making of a contract, express or implied, with a debtor whereby the debtor agrees to pay a certain amount of money or other thing of value periodically to the person engaged in the debt-adjusting business who shall, for consideration, distribut…

Except as provided in § 37-34-3 , no person may engage in the business of debt adjusting. A violation of this section is a Class 2 misdemeanor. Source: SL 1990, ch 387 , § 2; SDCL § 22-47-2; SL 2005, ch 120 , § 295.

Section 37-34-2 does not apply to: (1) Debt adjusting incurred incidentally in the lawful practice of law in this state; (2) Banks and fiduciaries duly authorized and admitted to transact business in this state and performing credit and financial adjusting service in the regular …

Terms used in this chapter mean: (1) "Firearm accessory," any item that is used in conjunction with or mounted upon a firearm but is not essential to the basic function of a firearm, including any telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermar…

Any firearm, firearm accessory, or ammunition that is manufactured commercially or privately in South Dakota and that remains within the borders of South Dakota is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulat…

Application of §

A firearm manufactured or sold in South Dakota pursuant to this chapter shall have the words, Made in South Dakota, clearly stamped on a central metallic part, such as the receiver or frame. Source: SL 2010, ch 198 , § 4.

The provisions of this chapter apply to any firearm, firearm accessory, or ammunition that is manufactured and retained in South Dakota after July 1, 2010. Source: SL 2010, ch 198 , § 5.

Terms used in this chapter mean: (1) "Ammunition," firearm ammunition and cartridge casings, primers, bullets, and propellant powder, designed for use in a firearm; (2) "Assignment," a financial institution's policy, process, or practice, which labels, links, or otherwise associa…

With the exception of records kept during the regular course of a criminal investigation and prosecution, or as otherwise required by law, no governmental entity or official, agent, or employee of a governmental entity or any person other than the owner or owner’s representative,…

Neither a financial institution nor an agent of a financial institution may require the use of a firearms code in a way that distinguishes a firearms dealer physically located in this state from a general merchandise retailer or a sporting goods retailer located in this state. So…

A financial institution may not discriminate against a firearms dealer by: (1) Declining a lawful payment card transaction based solely on the assignment or non-assignment of a firearms code to the merchant or the transaction; (2) Limiting or declining to do business with a custo…

The attorney general may investigate any alleged violation of this chapter and shall provide written notice to any individual or entity, public or private, believed to be in violation. Written notice to any commercial entity must be made to the entity's registered agent. Upon rec…

The attorney general may be petitioned to investigate an alleged violation of this chapter by: (1) A firearms dealer physically located in this state, if the dealer's business was the subject of an alleged violation of this chapter; or (2) A customer who engaged in a transaction …

If an individual or entity, public or private, is found to be in violation of this chapter after the later of the expiration of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, the …

It is not a defense to an action filed pursuant to this chapter that information was disclosed to a federal government entity, unless the disclosure or action was based on a good faith conclusion that the disclosure or action was required by federal law or regulation. Source: SL …

Terms used in this chapter mean: (1) "Demand letter," any letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement; (2) "Target," any person: (a) Who receives a demand letter or against whom an assertion or allegation of pate…

No person may make a bad faith assertion of patent infringement as prohibited by the provisions of this chapter. Source: SL 2014, ch 192 , § 2.

A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement: (1) The demand letter does not contain the following information: (a) The patent number; (b) The name and address of the patent owner and assignee, if any; …

A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement: (1) The demand letter contains all of the information described in subdivision 37-36-3(1); (2) If the demand letter lacks the information described in s…

Upon motion by a target and a finding by the court that the target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a g…

The attorney general may bring civil actions, and enter into assurances of discontinuance as provided under chapter 37-24 . In an action brought by the attorney general under this chapter the court may award or impose any relief available under chapter 37-24 . Source: SL 2014, ch…

A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated pursuant to this chapter, may bring an action in a court of proper jurisdiction. A court may award the following remedies t…

It is not a deceptive trade act or practice for any person who owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale, to notify another of the…

This chapter does not apply to any demand letter sent by: (1) Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation; (2) Any owner of the patent who is using the patent in connection with the production, manufacturing, processing,…

Term used in this chapter mean: (1) "Consumer," the purchaser, other than for purposes of resale, of new farm machinery used for agricultural purposes, who is entitled by the terms of the warranty to enforce the obligations of the warranty; (2) "Express warranty," a written warra…

Nothing in this chapter imposes any liability upon a farm machinery dealer or authorized dealer or creates a cause of action by a consumer against a farm machinery dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a farm machinery dealer or …

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the farm machinery to the consumer. Source: SL 2019, ch 178 , § 11.

If new farm machinery does not conform to any applicable express warranty and the consumer delivers the farm machinery to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the farm mac…

If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the farm machinery to any express warranty by repairing or correcting a nonconforming condition of the farm machinery which first occurred during the lemon law rights period, the manufac…

Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the farm machinery. A reasonable allowance for use is that amount direct…

It is presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of twenty-four months following delivery of the farm machinery, either of the following events occurred: (1) The same nonconforming condition was s…

A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform the manufacturer's obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of…

It is an affirmative defense to any claim against the manufacturer under this chapter that: (1) An alleged nonconforming condition does not significantly impair the use, market value, or safety of the farm machinery; or (2) A nonconforming condition is a result of abuse, neglect,…

If the manufacturer has breached the manufacturer's obligations imposed under this chapter, the consumer may recover an award for reasonable attorney fees. Source: SL 2019, ch 178 , § 8.

If farm machinery has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless the…