reglab/housing_qa huggingface dataset:
SD Codified L § 37-24-44 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-44 - Collection of e-mail addresses to initiate unsolicited commercial e-mail advertisements prohibited.

37-24-44. Collection of e-mail addresses to initiate unsolicited commercial e-mail advertisements prohibited.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 advertise in an unsolicited commercial e-mail advertisement sent from South Dakota; or(2)Initiate or advertise in an unsolicited commercial e-mail advertisement to a South Dakota electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to South Dakota electronic mail address. Source: SL 2007, ch 226, §4.
SD Codified L § 37-24-45 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-45 - Obtaining e-mail addresses by automated means to initiate unsolicited commercial e-mail advertisements prohibited.

37-24-45. Obtaining e-mail addresses by automated means to initiate unsolicited commercial e-mail advertisements prohibited.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 unsolicited commercial e-mail advertisement sent from South Dakota; or(2)Initiate or advertise in an unsolicited commercial e-mail advertisement to a South Dakota electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a South Dakota electronic mail address. Source: SL 2007, ch 226, §5.
SD Codified L § 37-24-46 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-46 - Use of automated means to register multiple e-mail accounts from which to initiate unsolicited commercial e-mail advertisements prohibited.

37-24-46. Use of automated means to register multiple e-mail accounts from which to initiate unsolicited commercial e-mail advertisements prohibited.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 advertise in an unsolicited commercial e-mail advertisement sent from South Dakota; or(2)Initiate or advertise in an unsolicited commercial e-mail advertisement to a South Dakota electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a South Dakota electronic mail address. Source: SL 2007, ch 226, §6.
SD Codified L § 37-24-47 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-47 - Prohibited commercial e-mail advertisements.

37-24-47. Prohibited commercial e-mail advertisements.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 the permission of the third party;(2)The e-mail advertisement contains or is accompanied by falsified, misrepresented, or forged header information;(3)The e-mail advertisement has a subject line that a person knows would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message. Source: SL 2007, ch 226, §7.
SD Codified L § 37-24-48 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-48 - Actions for damages--Attorney's fees and costs--Reduction of damages under certain circumstances.

37-24-48. Actions for damages--Attorney's fees and costs--Reduction of damages under certain circumstances.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 following:(1)Actual damages; or(2)Liquidated damages of one thousand dollars for each unsolicited commercial e-mail advertisement transmitted in violation of such section, up to one million dollars per incident.The recipient, an electronic mail service provider, or the attorney general, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs.However, there may be no cause of action under this section against an electronic mail service provider that is only involved in the routine transmission of the e-mail advertisement over its computer network.If the court finds that the defendant established and implemented, with due care, practices and procedures reasonably designed to effectively prevent unsolicited commercial e-mail advertisements that are in violation of §§37-24-41 to 37-24-48, inclusive, the court shall reduce the liquidated damages recoverable under this section to a maximum of one hundred dollars for each unsolicited commercial e-mail advertisement, or a maximum of one hundred thousand dollars per incident. Source: SL 2007, ch 226, §8.
SD Codified L § 37-24-49 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-49 - Contractor defined for §§ 37-24-50 and 37-24-51.

37-24-49. Contractor defined for §§37-24-50 and 37-24-51.For the purposes of §§37-24-50 and 37-24-51, the term, contractor, is a residential building contractor who is providing roofing services, a residential remodeler who is providing roofing services, or a residential roofer. Source: SL 2012, ch 198, §3.
SD Codified L § 37-24-50 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-50 - Contractor rebate of insurance deductible prohibited.

37-24-50. Contractor rebate of insurance deductible prohibited.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 person or entity is null and void. Source: SL 2012, ch 198, §1.
SD Codified L § 37-24-52 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-52 - Organized retail crime--Each act a misdemeanor or felony.

37-24-52. Organized retail crime--Each act a misdemeanor or felony.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 committing an organized retail crime;(3)Removes, destroys, deactivates, or knowingly evades any component of an anti-shoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing an organized retail crime; or(4)Knowingly causes a fire exit alarm to sound or otherwise activate, or deactivates or prevents a fire exit alarm from sounding, in the commission of an organized retail crime by another person.Each act in violation of this section under one thousand dollars is a Class 1 misdemeanor. Each act in violation of this section over one thousand dollars but under one hundred thousand dollars is a Class 6 felony. Each act in violation of this section over one hundred thousand dollars is a Class 5 felony. Source: SL 2014, ch 191, §6.
SD Codified L § 37-24-53 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-53 - Restitution and reimbursement for organized retail crime.

37-24-53. Restitution and reimbursement for organized retail crime.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.
SD Codified L § 37-24-54 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-54 - Defenses.

37-24-54. Defenses.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, ch 191, §8.
SD Codified L § 37-24-55 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-55 - Charges not prohibited by chapter.

37-24-55. Charges not prohibited by chapter.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.
SD Codified L § 37-24-56 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-56 - Aggregating amount involved to determine degree of punishment.

37-24-56. Aggregating amount involved to determine degree of punishment.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 course of conduct of the deceptive acts. Source: SL 2014, ch 191, §10.
SD Codified L § 37-24-57 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-57 - Report by financial institution of exploitation of elder or adult with disability.

37-24-57.Report by financial institution of exploitation of elder or adult with disability.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), may also report the information contained in the suspicious activity report to state or local law enforcement. A financial institution is immune from any civil or criminal liability that might otherwise result from complying with this section. Source: SL 2016, ch 120, §26.
SD Codified L § 37-24-58 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 24 - Deceptive Trade Practices And Consumer Protection|Section 37-24-58 - Cooperation of financial institution with investigation of abuse, neglect, or exploitation of elder or adult with disability.

37-24-58. Cooperation of financial institution with investigation of abuse, neglect, or exploitation of elder or adult with disability.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 financial records. A financial institution is immune from any civil or criminal liability that might otherwise result from complying with this section. Source: SL 2016, ch 120, §27.
SD Codified L § 37-25A-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-2 - Exclusions from definition of business opportunity.

37-25A-2. Exclusions from definition of business opportunity.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 products, equipment, supplies, or services which are substantially similar to the products, equipment, supplies or services sold by the purchaser in connection with the purchaser's on-going business;(3)Any offer or sale of a business opportunity which has notice filed or is exempt from notice filing pursuant to §§37-5B-1 to 37-5B-50, inclusive, or any offer or sale of a business opportunity that is excluded from the definition of business opportunity as set forth in 16 C.F.R. Part 437 as of January 1, 2008;(4)Any offer or sale of a business opportunity registered pursuant to chapter 47-31B;(5)Any offer or sale of a business opportunity involving a marketing plan made in conjunction with the licensing of a federally registered trademark or federally registered service mark if the seller had a minimum net worth of one million dollars as determined by the seller's most recent audited financial statement, prepared within thirteen months of the first offer in this state. Net worth may be determined on a consolidated basis if the seller is at least eighty percent owned by one person and that person expressly guarantees the obligations of the seller with regard to the offer or sale of any business opportunity claimed to be excluded under this subdivision;(6)Any offer or sale of a business opportunity by a personal representative, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator or a judicial offer or sale of a business opportunity. Source: SL 1985, ch 305, §2; SL 1989, ch 30, §64; SL 2004, ch 278, §63; SL 2008, ch 203, §56.
SD Codified L § 37-25A-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-4 - Revocation or denial of exemption--Procedure.

37-25A-4. Revocation or denial of exemption--Procedure.The director of the Division of Insurance may by order deny or revoke any exemption specified in §37-25A-3, except the exemption provided in subdivision 37-25A-3(2), with respect to a particular offering of one or more business opportunities. No such order may be entered without appropriate prior notice to all interested parties, opportunity for hearing and written findings of fact and conclusions of law. Source: SL 1985, ch 305, §4; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-5 - Revocation or denial of exemption without hearing pending final determination--Notice--Request for hearing.

37-25A-5. Revocation or denial of exemption without hearing pending final determination--Notice--Request for hearing.If the public interest or the protection of purchasers so requires, the director of the Division of Insurance may by order deny or revoke without a hearing any of the specified exemptions, except the exemption provided in subdivision 37-25A-3(2), pending final determination of any proceedings under this chapter. Upon the entry of the order, the director shall promptly notify all interested parties that an order has been entered and of the reasons therefor and that within fifteen days of the receipt of a written request the matter shall be set for hearing. If no hearing is requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated by the director. If a hearing is requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director, after notice of an opportunity for hearing to all interested persons, may not modify, vacate, or extend the order until a final determination has been made. Source: SL 1985, ch 305, §5; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-6 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-6 - Offer or sale without knowledge of order revoking or denying exemption.

37-25A-6. Offer or sale without knowledge of order revoking or denying exemption.No person is considered to have violated §37-25A-7 by reason of any offer or sale effected after the entry of an order under §37-25A-5 if he establishes that he did not know and, in the exercise of reasonable care, could not have known, of the order. Source: SL 1985, ch 305, §6.
SD Codified L § 37-25A-7 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-7 - Offer or sale of opportunity not registered or exempt prohibited.

37-25A-7. Offer or sale of opportunity not registered or exempt prohibited.No person may offer or sell any business opportunity in this state unless the business opportunity is registered under this chapter or is exempt under §37-25A-3. Source: SL 1985, ch 305, §7.
SD Codified L § 37-25A-8 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-8 - Filings required to register opportunity.

37-25A-8. Filings required to register opportunity.In order to register a business opportunity, the seller shall file with the director of the Division of Insurance one of the following disclosure documents with the appropriate cover sheet as required by §37-25A-15, a consent to service of process as specified in §37-25A-9 and the appropriate fee as required by §37-25A-10:(1)A disclosure document prepared pursuant to §37-25A-15; or(2)A disclosure document prepared pursuant to 16 C.F.R. Part 437 as of January 1, 2008. Source: SL 1985, ch 305, §8; SL 2008, ch 203, §58; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-9 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-9 - Appointment of director as agent for service of process--Procedure for service through director.

37-25A-9. Appointment of director as agent for service of process--Procedure for service through director.Every seller shall file, in a form the director of the Division of Insurance prescribes, an irrevocable consent appointing the director or the successor in office to be the seller's agent to receive service of any lawful process in any noncriminal suit, action or proceeding against the seller or the seller's successor or personal representative which arises under this chapter, with the same force and validity as if served personally on the person filing the consent. Service may be made by leaving a copy of the process in the office of the director, but is not effective unless the plaintiff or petitioner, who may be the director or the attorney general in a suit, action or proceeding, sends notice of the service and a copy of the process forthwith by registered mail to the defendant's or respondent's address on file with the director, and the plaintiff's affidavit of compliance with this section is filed in the case on or before the return date of the process, if any, or within such further time as the court allows. Source: SL 1985, ch 305, §9; SL 1995, ch 167, §188; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-10 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-10 - Fee for registration.

37-25A-10. Fee for registration.A registration fee of one hundred dollars shall accompany the application for registration. Source: SL 1985, ch 305, §10.
SD Codified L § 37-25A-11 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-11 - Effective date of registration.

37-25A-11. Effective date of registration.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 effectiveness if a complete filing is made. The director may by order defer the effective date until the expiration of the tenth full business day after the filing of any amendment. Source: SL 1985, ch 305, §11; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-12 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-12 - Term of registration--Renewal statement and fee--Sales report.

37-25A-12. Term of registration--Renewal statement and fee--Sales report.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 renewal statement shall be in the form and content prescribed by the director and shall be accompanied by a renewal fee of fifty dollars. Failure to renew upon the close of the one-year period of effectiveness shall result in the expiration of the registration. The director may require the filing of a sales report. Source: SL 1985, ch 305, §12; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-13 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-13 - Rule requiring filing of advertising and literature authorized.

37-25A-13. Rule requiring filing of advertising and literature authorized.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.
SD Codified L § 37-25A-14 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-14 - Delivery of written disclosure document to purchaser required.

37-25A-14. Delivery of written disclosure document to purchaser required.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 agreement imposing a binding legal obligation on the purchaser or the payment by the purchaser of any consideration in connection with the offer or sale of the business opportunity. Source: SL 1985, ch 305, §14.
SD Codified L § 37-25A-16 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-16 - Business opportunity contract to be written--Copy to purchaser.

37-25A-16. Business opportunity contract to be written--Copy to purchaser.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: SL 1985, ch 305, §16.