reglab/housing_qa huggingface dataset:
SD Codified L § 37-31-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 31 - Assistive Devices|Section 37-31-2 - Manufacturer's warranty--Duration.

37-31-2. Manufacturer's warranty--Duration.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 first delivery of the assistive device to the consumer.In the absence of an express warranty from the manufacturer, the manufacturer is deemed to have expressly warranted to the consumer of an assistive device that, for a period of one year from the date of first delivery to the consumer, the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer. Source: SL 1996, ch 242, §2.
SD Codified L § 37-31-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 31 - Assistive Devices|Section 37-31-4 - Return of nonconforming device for replacement or refund.

37-31-4. Return of nonconforming device for replacement or refund.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 consumer with an assistive device of comparable quality, size, and function or a refund. When the manufacturer provides the assistive device or refund, the consumer shall return the nonconforming assistive device to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer. Source: SL 1996, ch 242, §4.
SD Codified L § 37-31-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 31 - Assistive Devices|Section 37-31-5 - Refund for leased nonconforming assistive device--Transfer of possession of device.

37-31-5. Refund for leased nonconforming assistive device--Transfer of possession of device.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 provides the refund, the consumer shall return to the lessor the nonconforming assistive device.To receive a refund due under a leased assistive device, an assistive device lessor shall offer to transfer possession of the nonconforming assistive device to its manufacturer. Not more than thirty days after such an offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer. Source: SL 1996, ch 242, §5.
SD Codified L § 37-31-6 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 31 - Assistive Devices|Section 37-31-6 - No enforcement of lease following refund to consumer.

37-31-6. No enforcement of lease following refund to consumer.No person may enforce a lease against a consumer after the consumer receives a refund due under §37-31-5. Source: SL 1996, ch 242, §6.
SD Codified L § 37-31-7 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 31 - Assistive Devices|Section 37-31-7 - Other rights and remedies of consumer--Action for damages--Award.

37-31-7. Other rights and remedies of consumer--Action for damages--Award.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 this chapter. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with cost, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate. Source: SL 1996, ch 242, §8.
SD Codified L § 37-31-8 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 31 - Assistive Devices|Section 37-31-8 - Restrictions on resale or lease of returned devices.

37-31-8. Restrictions on resale or lease of returned devices.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 return is made to any prospective buyer or lessee. Source: SL 1996, ch 242, §9.
SD Codified L § 37-31-9 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 31 - Assistive Devices|Section 37-31-9 - Liability of dealer or lessor.

37-31-9. Liability of dealer or lessor.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.
SD Codified L § 37-32-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-1 - Definition of terms.

37-32-1. Definition of terms.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 a promotion if all of the following elements are present:(a)No element of chance is involved in obtaining the item offered in the promotion;(b)The recipient has the right to review the merchandise or services for at least seven days and has a right to obtain a full refund in thirty days for the return of unused and undamaged merchandise or cancellation of unused services;(c)The recipient may keep the item offered in the promotion without obligation; and(d)The recipient is not required to attend any sales presentation or spend any money in order to receive the item offered in the promotion.Prize does not include an item offered in a promotion for a book, recording, video, multimedia, or similar club in compliance with 16 CFR 425 or a continuity plan or single sale of merchandise where there is no minimum purchase required;(2)"Prize notice," any notice given to an individual in this state that contains a representation that the individual has won or will receive a prize and conditions receipt of such prize on payment to the sponsor for the prize. A prize notice also includes a notice which requires or invites the individual to make a contact by telephone or in-person interview to learn how to receive the prize or to obtain other information related to the notice. Prize notice does not include a notice informing the individual that the individual has been awarded a prize as a result of the individual's actual prior entry in a game, drawing, sweepstakes or other contest, if the individual is awarded the prize stated in the notice;(3)"Solicitor," any person who represents to an individual that the individual has won or will receive a prize;(4)"Sponsor," any person on whose behalf a solicitor gives a prize notice;(5)"Verified retail value," the price at which the solicitor or sponsor can demonstrate that a substantial number of the prizes have been sold by a person other than the solicitor in the trade area in which the prize notice is given, or no more than one and one-half times the amount the solicitor or sponsor paid for the prize. Source: SL 1997, ch 223, §1.
SD Codified L § 37-32-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-2 - Payment not allowed as requirement to receive written prize notice.

37-32-2. Payment not allowed as requirement to receive written prize notice.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 contains all of the information required by §37-32-3. Source: SL 1997, ch 223, §2.
SD Codified L § 37-32-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-3 - Written prize notice--Contents.

37-32-3. Written prize notice--Contents.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 lists more than one prize that the individual has won or will receive, a statement of the odds the individual has of receiving each prize;(4)Any requirement or invitation for the individual to view, hear, or attend a sales presentation in order to claim a prize, the approximate length of the sales presentation, and a description of the property or service that is the subject of the sales presentation;(5)Any requirement that the individual pay shipping or handling fees or any other charges to obtain or use a prize;(6)If receipt of the prize is subject to a restriction, a statement that a restriction applies, a description of the restriction, and a statement containing the location in the notice where the restriction is described;(7)Any limitations on eligibility; and(8)If the individual is invited or required to telephone the solicitor or sponsor to enter or claim a prize, a statement disclosing the average length of such a call, any toll charges beyond normal long distance charges that the individual has to pay, and any other methods available to the individual to enter or claim a prize. Source: SL 1997, ch 223, §3.
SD Codified L § 37-32-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-4 - Retail value and statement of odds.

37-32-4. Retail value and statement of odds.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. The statement of odds shall include, for each prize, the total number of prizes to be given away and the total number of written prize notices to be delivered. The number of prizes and written prize notices shall be stated in Arabic numerals. The statement of odds shall be in the following form: "___ (number of prizes) out of ___ written prize notices." The verifiable retail value shall be in the following form: "verifiable retail value: $___." Source: SL 1997, ch 223, §4.
SD Codified L § 37-32-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-5 - Statement of shipping and handling fees.

37-32-5. Statement of shipping and handling fees.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 than 12-point boldface type: "YOU MUST PAY $___ IN ORDER TO RECEIVE OR USE THIS ITEM." Source: SL 1997, ch 223, §5.
SD Codified L § 37-32-6 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-6 - Location and size of information in notice.

37-32-6. Location and size of information in notice.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 boldface type. Source: SL 1997, ch 223, §6.
SD Codified L § 37-32-7 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-7 - Name of sponsor on notice.

37-32-7. Name of sponsor on notice.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.
SD Codified L § 37-32-8 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-8 - Limitations on solicitor or sponsor.

37-32-8. Limitations on solicitor or sponsor.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 is designed in a manner, that would lead a reasonable person to believe that it originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector, or law firm unless the written prize notice originates from that source; or(3)Represent directly or by implication that the number of individuals eligible for the prize is limited or that an individual has won or will receive a particular prize unless the representation is true. Source: SL 1997, ch 223, §8.
SD Codified L § 37-32-9 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-9 - Sales presentations.

37-32-9. Sales presentations.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 to the individual; and(2)If the individual has been awarded a prize, delivers to the individual the prize or the item selected by the individual pursuant to §37-32-10 if the prize is not available. Source: SL 1997, ch 223, §9.
SD Codified L § 37-32-10 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-10 - Prize unavailable.

37-32-10. Prize unavailable.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 any one of the following items selected by the individual:(1)Any other prize listed in the written prize notice that is available and that is of equal or greater value;(2)The verifiable retail value of the prize in the form of cash, a money order, or a certified check; or(3)A voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the individual within thirty days at no cost to the individual.If a voucher, certificate, or other evidence of obligation delivered pursuant to subdivision (3) is not honored within thirty days, the solicitor shall deliver the verifiable retail value of the prize in the form of cash, a money order, or a certified check. The sponsor shall make the payment to the individual if the solicitor fails to do so. Source: SL 1997, ch 223, §10.
SD Codified L § 37-32-11 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-11 - Temporary or permanent injunction for violation.

37-32-11. Temporary or permanent injunction for violation.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 such act or practice. Source: SL 1997, ch 223, §11.
SD Codified L § 37-32-12 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-12 - Civil penalties for violation of injunction.

37-32-12. Civil penalties for violation of injunction.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 §37-32-11. Source: SL 1997, ch 223, §12.
SD Codified L § 37-32-13 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-13 - Civil penalties for intentional violation.

37-32-13. Civil penalties for intentional violation.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 civil penalty of not more than two thousand dollars per violation. For purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that the conduct was a violation of this chapter. Source: SL 1997, ch 223, §13.
SD Codified L § 37-32-14 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-14 - Civil action by individual.

37-32-14. Civil action by individual.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 practice. In addition, the individual may collect the court costs and attorney fees expended to bring an action under this section. Source: SL 1997, ch 223, §14.
SD Codified L § 37-32-15 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-15 - Venue of action.

37-32-15. Venue of action.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 resides, or in the circuit court for Hughes County, South Dakota, at the election of the plaintiff. Source: SL 1997, ch 223, §15.
SD Codified L § 37-32-16 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-16 - Conflict with other actions.

37-32-16. Conflict with other actions.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.
SD Codified L § 37-32-17 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-17 - Violation is Class 1 misdemeanor.

37-32-17. Violation is Class 1 misdemeanor.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.
SD Codified L § 37-32-18 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 32 - Sweepstake Prizes|Section 37-32-18 - Applicability of chapter.

37-32-18. Applicability of chapter.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.
SD Codified L § 37-33-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-1 - "Promote" defined.

37-33-1."Promote" defined.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.
SD Codified L § 37-33-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-2 - "Appropriate inventory repurchase program" defined--"Inventory" defined--"Commercially reasonable" defined--"Current and marketable" defined.

37-33-2."Appropriate inventory repurchase program" defined--"Inventory" defined--"Commercially reasonable" defined--"Current and marketable" defined.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 ends, current and marketable inventory in the possession of the salesperson that was purchased by the salesperson for resale. Any such plan or operation shall clearly describe the program in its recruiting literature, sales manual, or contract with independent salespersons, including the disclosure of any inventory which is not eligible for repurchase under the program.For the purposes of this section, the term, inventory, includes both goods and services, including company-produced promotional materials, sales aids, and sales kits that the plan or operation requires independent salespersons to purchase.The term, commercially reasonable terms, means the repurchase of current and marketable inventory within twelve months from the date of purchase at not less than ninety percent of the original net cost, less appropriate set-offs and legal claims, if any.The term, current and marketable, excludes inventory that is no longer within its commercially reasonable use or shelf-life period, that was clearly described to salespersons prior to purchase as seasonal, discontinued, or special promotion products not subject to the plan or operation's inventory repurchase program, or that has been used or opened. Source: SL 2003, ch 213, §2.
SD Codified L § 37-33-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-3 - "Pyramid promotional scheme" defined.

37-33-3."Pyramid promotional scheme" defined.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 plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation. The term includes any plan or operation under which the number of persons who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation, or any plan or operation under which a person, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation. Source: SL 2003, ch 213, §3.
SD Codified L § 37-33-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-4 - "Compensation" defined.

37-33-4."Compensation" defined.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.