reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22A - Vehicle Scales › Section 37-22A-1.1 - Ticket printer required on scales used in commercial trade.

37-22A-1.1. Ticket printer required on scales used in commercial trade.
All vehicle scales used in commercial trade shall be equipped with a type-registering weighbeam or a dial with a mechanical ticket printer, or a similar device capable of printing or stamping the weight values on scale tickets.
Source:
SL 1970, ch 221, §1; SDCL §37-22A-1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22A - Vehicle Scales › Section 37-22A-2 - Exemption of scales previously in use.

37-22A-2. Exemption of scales previously in use.
The provisions of this chapter shall not apply to any vehicle scale used in commercial trade prior to July 1, 1970.
Source:
SL 1970, ch 221, §5.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22A - Vehicle Scales › Section 37-22A-3 - Contents and form of scale tickets--Distribution of copies.

37-22A-3. Contents and form of scale tickets--Distribution of copies.
Each scale ticket issued by vehicle scales used in commercial trade shall show the name of the agency performing the weighing service, the date of the weighing, the number of the scale or other information identifying the scale upon which the weighing is performed, the name of the person or firm having a vehicle weighed, and the name of the weighmaster, or understandable abbreviations of the names. Each scale ticket issued under this chapter shall be in duplicate form and serially numbered. If the ticket is used on a type-registering weighbeam, the ticket shall conform to specifications set by the department. One copy of the scale ticket shall be retained by the agency performing the weighing service, and one copy of the scale ticket shall be furnished to the person having the vehicle weighed. No change of weight may be made on any ticket.
Source:
SL 1970, ch 221, §2; SL 2004, ch 17, §275; SL 2016, ch 183, §54.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22A - Vehicle Scales › Section 37-22A-4 - Correction of errors in scale tickets.

37-22A-4. Correction of errors in scale tickets.
In case of error of the weighmaster in preparing a scale ticket, the weighmaster shall prepare a corrected ticket showing the correction made and stating on the back of the ticket the reason for the change. If an error in the preparation of the ticket, other than the weight, due to misinformation furnished to the weighmaster by the person having a vehicle weighed, the weighmaster upon request of the person shall issue another ticket bearing the appropriate correction or a correction slip which shows any change made on the back of the ticket and the reason for the change. Before the correction ticket or slip is issued the weighmaster shall require the person requesting the change to sign the ticket or slip. The correction ticket or slip shall be attached to the original ticket, bear the same serial number, and show on its face that it is a correction ticket or slip.
Source:
SL 1970, ch 221, §3; SL 2016, ch 183, §55.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22A - Vehicle Scales › Section 37-22A-5 - Administration and enforcement of chapter.

37-22A-5. Administration and enforcement of chapter.
The provisions of chapter 37-22, relating to heavy scales and defining the duties and powers of the department apply to and govern the administration and enforcement of this chapter.
Source:
SL 1970, ch 221, §4; SL 2004, ch 17, §276; SL 2016, ch 183, §56.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 23 - Consumer Affairs › Section 37-23-4 - Powers and duties of attorney general.

37-23-4. Powers and duties of attorney general.
The attorney general shall, in addition to other powers and duties vested in him by this or any other law:
(1)Receive and forward to appropriate agencies of the state for final processing and determination of complaints from any citizen of South Dakota relating to consumer affairs. It shall be the further responsibility of that agency to maintain records indicating the final disposition of any matters so referred;
(2)Advise the Governor as to all matters affecting the interests of the public consumer;
(3)Review state policies and programs of primary importance to consumers or to meet consumer needs which can be met appropriately through state action;
(4)Consider the aspects of state policies, programs, and operations wherein the view of consumers should be made available to state officials and the manner in which such views can be communicated to appropriate departments and agencies;
(5)Recommend the enactment of such legislation as he deems necessary to protect and promote the interest of the public as consumers;
(6)Appear before governmental departments, agencies, and commissions to represent and be heard on behalf of consumer interests, except before the interstate commerce commission, where specific authority to represent the public interest has been vested in the public utilities commission pursuant to §49-3-27;
(7)Cooperate with and establish necessary liaison with consumer organizations;
(8)Assist in the coordination of federal, state, and municipal activities relating to consumer affairs; and
(9)Do such other acts which may be necessary to the exercise of powers and functions under this chapter.
Source:
SL 1969, ch 226, §3; SL 1977, ch 387, §2; SL 1987, ch 29, §44.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 23 - Consumer Affairs › Section 37-23-5 - Cooperation of state agencies.

37-23-5. Cooperation of state agencies.
All departments, officers, agencies, and employees of the State of South Dakota shall cooperate with the attorney general in carrying out his functions under this chapter.
Source:
SL 1969, ch 226, §4; SL 1987, ch 29, §45.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 23 - Consumer Affairs › Section 37-23-6 - Injunctive procedures by attorney general.

37-23-6. Injunctive procedures by attorney general.
The attorney general of the State of South Dakota is hereby authorized to file injunctive procedures in any cases dealing with the protection of the consumer.
Source:
SL 1969, ch 226, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-2 - Unordered merchandise as gift--Right to refuse--Exceptions.

37-24-2. Unordered merchandise as gift--Right to refuse--Exceptions.
Unless otherwise agreed, if unordered merchandise is delivered in person or by mail or common carrier to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unordered merchandise shall be deemed an unconditional gift to the recipient, who may use it in any manner without any obligation to the sender. This section does not apply if there is evidence of an obvious misdelivery, or the merchandise is offered in good faith in substitution for merchandise ordered.
Source:
SL 1971, ch 218, §2 (c); SL 1992, ch 278, §4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-5.1 - "Door to door sale" defined.

37-24-5.1."Door to door sale" defined.
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 seller or his representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller.
Source:
SDCL, §37-24-1 as added by SL 1975, ch 244, §1; SL 1984, ch 258, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-5.2 - Transactions not considered door to door sales.

37-24-5.2.Transactions not considered door to door sales.
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 a continuing basis; or
(2)In which the consumer is accorded the right of rescission by the provisions of the Consumer Credit Protection Act (15 U.S. C. 1635); or
(3)In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days; or
(4)Conducted and consummated entirely by mail or telephone, and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services; or
(5)In which the buyer has initiated the contact and specifically requested the seller to visit his home for the purpose of repairing or performing maintenance upon the buyer's personal property. If in the course of such a visit, the seller sells the buyer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion; or
(6)Pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker-dealer registered with the Division of Insurance, Department of Labor and Regulation; or
(7)Pertaining to the sale, lease or repair of motor vehicles, metal buildings, farm machinery or implements, or mobile homes, by a dealer having a fixed permanent location and place of business in South Dakota where such goods and services are offered on a continuing basis.
Source:
SDCL §37-24-1 as added by SL 1975, ch 244, §1; SL 1976, ch 238; SL 1979, ch 260; SL 2003, ch 272 (Ex. Ord. 03-1), §26; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-5.3 - Door to door seller's failure to inform buyer of right to cancel.

37-24-5.3. Door to door seller's failure to inform buyer of right to cancel.
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 the date of the transaction and contains the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in bold face type of a minimum size of ten points, a statement in substantially the following form:
"YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.";
(2)Fail to inform each buyer orally, at the time he signs the contract or purchases the goods or services, of his right to cancel;
(3)Misrepresent in any manner the buyer's right to cancel.
Source:
SDCL, §37-24-6 as added by SL 1975, ch 244, §7 (a), (e), (f).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-5.4 - Cancellation notice form to be furnished and filled in by door to door seller.

37-24-5.4. Cancellation notice form to be furnished and filled in by door to door seller.
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 seller, a completed form in duplicate, captioned "NOTICE OF CANCELLATION," which shall be attached to the contract or receipt and easily detachable, and which shall contain in ten point bold face type the following information:
NOTICE OF CANCELLATION
(enter date of transaction)
(Date)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOU RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL, OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND AN ELECTRONIC NOTICE, TO (Name of seller) AT (address of seller's place of business) NOT LATER THAN MIDNIGHT OF
__________
(Date)
I HEREBY CANCEL THIS TRANSACTION.
__________________
(Date)
__________________
(Buyer's signature)
(2)Fail, before furnishing copies of the notice of cancellation to the buyer, to complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of transaction, by which the buyer may give notice of cancellation.
Source:
SDCL §37-24-6 as added by SL 1975, ch 244, §7 (b), (c); SL 1984, ch 258, §3; SL 2019, ch 177, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-5.5 - Deceptive to include confession of judgment or waiver of rights in door to door sale.

37-24-5.5. Deceptive to include confession of judgment or waiver of rights in door to door sale.
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 to cancel the sale in accordance with the provisions of this chapter.
Source:
SDCL, §37-24-6 as added by SL 1975, ch 244, §7 (d).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-5.6 - Deceptive to fail to honor notice of cancellation of door to door sale--Notice of intent to repossess or abandon delivered goods.

37-24-5.6. Deceptive to fail to honor notice of cancellation of door to door sale--Notice of intent to repossess or abandon delivered goods.
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 payments made under the contract or sale; return any goods or property traded in, in substantially as good condition as when received by the seller; cancel and return any negotiable instrument executed by the buyer in connection with the contract or sale and take any action necessary or appropriate to terminate promptly any security interest created in the transaction;
(2)Fail, within ten business days of receipt of the buyer's notice of cancellation, to notify him whether the seller intends to repossess or to abandon any shipped or delivered goods.
Source:
SDCL, §37-24-6 as added by SL 1975, ch 244, §7 (g), (h).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-5.7 - Criteria for compliance of door to door sales with notice requirements.

37-24-5.7. Criteria for compliance of door to door sales with notice requirements.
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 the seller and receive a full refund for any amount the buyer has paid; and
(2)The buyer's right to cancel the sale, refuse delivery, or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the receipt or contract.
Source:
SL 1975, ch 244, §8.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-6.1 - Electronic cash registers required to display transactions and issue receipts--Violation as petty offense.

37-24-6.1. Electronic cash registers required to display transactions and issue receipts--Violation as petty offense.
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. Each violation of this section is a separate offense.
Source:
SL 1976, ch 239; SL 1977, ch 190, §295; SL 1992, ch 158, §99.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-6.2 - Advertisement at regular price not prohibited.

37-24-6.2. Advertisement at regular price not prohibited.
Nothing in §37-24-6 shall prohibit the advertisement of merchandise at its regular price.
Source:
SL 1989, ch 338, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-7 - Other remedies unimpaired by definition of deceptive practices--Actions under chapter restricted.

37-24-7. Other remedies unimpaired by definition of deceptive practices--Actions under chapter restricted.
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 be unlawful by §37-24-6.
Source:
SL 1971, ch 218, §2 (b).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-8 - Prima facie knowledge of deceptive practice--Civil relief unaffected.

37-24-8. Prima facie knowledge of deceptive practice--Civil relief unaffected.
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 intentionally. This section shall not apply with respect to relief sought under §37-24-29, to private actions brought under §37-24-31, and to the imposition of civil penalties pursuant to §§37-24-26 and 37-24-27.
Source:
SL 1971, ch 218, §2 (d); SL 1992, ch 278, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-10 - Lawful practices unaffected by chapter.

37-24-10. Lawful practices unaffected by chapter.
Nothing in this chapter applies to acts or practices required or permitted by or in accord with laws of this state or the United States or under rules, regulations, sub-regulatory policy, or decisions interpreting the same.
Source:
SL 1971, ch 218, §4 (a) (2); SL 2014, ch 191, §11.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-11 - Advertising media exempt without knowledge of unlawfulness.

37-24-11. Advertising media exempt without knowledge of unlawfulness.
Nothing in this chapter shall apply to publishers, broadcasters, printers, or other persons in so far as an unlawful act or practice as defined in §37-24-6 involves information that has been disseminated or reproduced on behalf of others without knowledge that it is an unlawful act or practice.
Source:
SL 1971, ch 218, §4 (a) (1).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-12 - Attorney general's investigative demand for report on suspect practices.

37-24-12. Attorney general's investigative demand for report on suspect practices.
If the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by §37-24-6 or has entered into a contract with a provision that is void and unenforceable under §53-9-13, and he believes it to be in the public interest that an investigation should be made to ascertain whether a person has in fact engaged in, is engaging in, or is about to engage in any such act, practice, or contract, he may execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged violation, an investigative demand requiring such person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning a provision covered under §53-9-13 or the advertisement, sale, or offering for sale of any merchandise.
Source:
SL 1971, ch 218, §10 (a); SL 1987, ch 29, §46; SL 2021, ch 206, § 3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-13 - Modification or setting aside of director's investigative demand.

37-24-13. Modification or setting aside of director's investigative demand.
At any time before the return date specified in an investigative demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the circuit court for the county where the person served with the demand resides or has his principal place of business or in the circuit court for Hughes County, South Dakota. At any time, an extension of the return date or a modification or setting aside of the demand may be made by agreement.
Source:
SL 1971, ch 218, §10 (b).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-14 - Subpoena powers of attorney general--Hearings--Forms--Rules and regulations.

37-24-14. Subpoena powers of attorney general--Hearings--Forms--Rules and regulations.
To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred on him by this chapter, may issue subpoenas to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and, in compliance with chapter 1-26, promulgate rules governing:
(1)The conduct of investigations;
(2)When, what and to whom information concerning sellers will be released; and
(3)The conditions under which assurances of voluntary compliance will be accepted.
Source:
SL 1971, ch 218, §11; revised pursuant to SL 1972, ch 15, §4; SL 1987, ch 29, §47.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-15 - Self-incriminating evidence required on promise of immunity.

37-24-15. Self-incriminating evidence required on promise of immunity.
If any person refuses to answer any question or interrogatory, produce any document or otherwise comply with the written demand served upon him under §37-24-12 on the ground of the privilege against self-incrimination, the testimony, answer to interrogatories or production of documents may be compelled in accordance with §23A-14-29.
Source:
SL 1971, ch 218, §11; SL 1983, ch 277, §1; SL 1985, ch 196, §4; SL 1986, ch 27, §44.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-16 - Service of notice, demand, or subpoena.

37-24-16. Service of notice, demand, or subpoena.
Service of any notice, demand, or subpoena under this chapter shall be personally served within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner:
(1)Personal service thereof without the state; or
(2)The mailing thereof by registered or certified mail to the last known place of business, residence, or abode of such persons for whom the same is intended; or
(3)As to any person other than a natural person, in the manner provided in the rules of civil procedure as if a complaint or other pleading which institutes a civil proceeding has been filed; or
(4)Such service as the circuit court for Hughes County, South Dakota, may direct in lieu of personal service within this state.
Source:
SL 1971, ch 218, §12.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-17 - Judicial enforcement of notice, demand or subpoena.

37-24-17. Judicial enforcement of notice, demand or subpoena.
Any person refusing to obey such notice, demand, or subpoena, or to testify when subpoenaed, or to bring evidence required to be brought by said notice, demand, or subpoena, may be certified to the circuit court nearest to the point where the notice, demand, or subpoena requires appearance, and the said circuit court may then enforce compliance to said notice, demand, or subpoena by order, the noncompliance with which shall be treated the same as a contempt of said court.
Source:
SL 1971, ch 218, §13.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-18 - Information disclosed only as necessary for enforcement.

37-24-18. Information disclosed only as necessary for enforcement.
Information obtained pursuant to the powers conferred by this chapter may not be made public or disclosed by the attorney general or his employees beyond the extent necessary for law enforcement purposes in the public interest.
Source:
SL 1971, ch 218, §11; SL 1987, ch 29, §48.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-19 - Acceptance of assurance of voluntary compliance authorized.

37-24-19. Acceptance of assurance of voluntary compliance authorized.
In the enforcement of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice alleged to be violative of the chapter from any person who has engaged in, is engaging in, or is about to engage in such act or practice.
Source:
SL 1971, ch 218, §9; SL 1987, ch 29, §49.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-20 - Form and contents of assurance of voluntary compliance--Approval by circuit court.

37-24-20. Form and contents of assurance of voluntary compliance--Approval by circuit court.
Any such assurance shall be in writing and be subject to the approval of the circuit court for the county in which the alleged violator resides or has his principal place of business or the circuit court for Hughes County, South Dakota. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and any action or proceeding by the attorney general, and any amount or amounts necessary to restore to any person any moneys or property which may have been acquired by such alleged violator by means of any such act or practice.
Source:
SL 1971, ch 218, §9; SL 1987, ch 29, §50.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-21 - Assurance not admission--Failure to comply prima facie evidence of violation.

37-24-21. Assurance not admission--Failure to comply prima facie evidence of violation.
An assurance of voluntary compliance may not be considered an admission of violation for any purpose. However, proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of this chapter, and may not be disclosed unless such disclosure, in the opinion of the attorney general, would be in the public interest.
Source:
SL 1971, ch 218, §9; SL 1987, ch 29, §51.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-22 - Reopening of matters closed by acceptance of assurance.

37-24-22. Reopening of matters closed by acceptance of assurance.
Matters closed by the acceptance of an assurance of voluntary compliance may at any time be reopened by the attorney general for further proceedings in the public interest, pursuant to §37-24-23.
Source:
SL 1971, ch 218, §9.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-23 - Attorney general's action for injunction--Notice--Attorney fees.

37-24-23. Attorney general's action for injunction--Notice--Attorney fees.
If the attorney general has reason to believe that any person is using, has used, or is about to use any act or practice declared to be unlawful by §37-24-6 and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against the person to restrain by temporary or permanent injunction the use of the act or practice, upon the giving of appropriate notice to that person. The notice shall state generally the relief sought and be served in accordance with §37-24-16 and at least three days before any hearing in the action. The attorney general, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs.
Source:
SL 1971, ch 218, §5; SL 1978, ch 155, §22; SL 2014, ch 191, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-24 - State's attorneys to assist--Action by state's attorney.

37-24-24. State's attorneys to assist--Action by state's attorney.
It shall be the duty of state's attorneys to render to the attorney general such assistance as the attorney general may request in the commencement and prosecution by the attorney general of actions pursuant to this chapter. The state's attorney with prior approval of the attorney general may institute and prosecute actions hereunder in the same manner as provided for the attorney general and shall make a full report thereon to the attorney general, including the final disposition of the matter.
Source:
SL 1971, ch 218, §15.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-25 - Venue of actions for injunction--Relief granted.

37-24-25. Venue of actions for injunction--Relief granted.
An action under §37-24-23 may be brought in the circuit court for the county in which the alleged violator resides or has his place of business or in the circuit court for Hughes County, South Dakota. The said courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this chapter.
Source:
SL 1971, ch 218, §5; SL 1978, ch 155, §23.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-26 - Civil penalty for violation of injunction.

37-24-26. Civil penalty for violation of injunction.
The attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars per violation from any person who violates the terms of an injunction issued under §37-24-25.
Source:
SL 1971, ch 218, §14 (a).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-27 - Civil penalty for intentional violations recovered in action for injunction.

37-24-27. Civil penalty for intentional violations recovered in action for injunction.
In any action brought under §37-24-23, if the court finds that a person is intentionally using or has intentionally used an act or practice declared to be unlawful by §37-24-6, the attorney general, 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 his conduct was a violation of §37-24-6.
Source:
SL 1971, ch 218, §14 (b), (d); SL 1977, ch 190, §296.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-28 - Jurisdiction retained by court issuing injunction.

37-24-28. Jurisdiction retained by court issuing injunction.
For the purposes of §§37-24-26 and 37-24-27, the court issuing an injunction shall retain jurisdiction, and the cause shall be continued.
Source:
SL 1971, ch 218, §14 (c).
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-29 - Additional judicial relief from unlawful practices--Appointment of receiver.

37-24-29. Additional judicial relief from unlawful practices--Appointment of receiver.
The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which the court finds to have been acquired by means of any act or practice declared to be unlawful by §37-24-6. Such additional relief may include the appointment of a receiver whenever it shall appear to the satisfaction of the court that the defendant threatens or is about to remove, conceal, or dispose of his property to the damage of persons to whom restoration would be made under this section.
Source:
SL 1971, ch 218, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-30 - Powers of receiver.

37-24-30. Powers of receiver.
When a receiver is appointed by the court pursuant to §37-24-29, he shall have the power to sue for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, land and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, derived by means of any act or practice declared to be unlawful by §37-24-6, including property with which such property has been commingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court.
Source:
SL 1971, ch 218, §7.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-31 - Action for damages brought by person adversely affected.

37-24-31. Action for damages brought by person adversely affected.
Any person who claims to have been adversely affected by any act or a practice declared to be unlawful by §37-24-6 shall be permitted to bring a civil action for the recovery of actual damages suffered as a result of such act or practice.
Source:
SL 1971, ch 218, §8.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-32 - Other private remedies unaffected.

37-24-32. Other private remedies unaffected.
Section 37-24-31 shall apply only to causes of action arising under §37-24-6 and shall in no way affect causes of action arising under other laws of this state or under the common law, whether or not such other causes of action are included within the provisions of §37-24-6.
Source:
SL 1971, ch 218, §8.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-33 - Limitation of actions.

37-24-33. Limitation of actions.
No action under this chapter may be brought more than four years after the occurrence or discovery of the conduct which is the subject of the action.
Source:
SL 1971, ch 218, §16; SL 2008, ch 206, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-34 - Chapter not retroactive.

37-24-34. Chapter not retroactive.
This chapter does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 1, 1971.
Source:
SL 1971, ch 218, §17.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-35 - Severability of provisions.

37-24-35. Severability of provisions.
If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision of application, and to this end the provisions of this chapter are declared to be severable.
Source:
SL 1971, ch 218, §17.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-42 - Unsolicited commercial e-mail advertisements restricted.

37-24-42. Unsolicited commercial e-mail advertisements restricted.
No person or entity may do any of the following unless the subject line complies with the requirements set forth in subdivision 37-24-6(13):
(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, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 24 - Deceptive Trade Practices And Consumer Protection › Section 37-24-43 - Internet access service provider policy restricting e-mail permitted.

37-24-43. Internet access service provider policy restricting e-mail permitted.
Nothing in §§37-24-41 to 37-24-48, inclusive, may be construed to limit or restrict the adoption, implementation, or enforcement by a provider of internet access service of a policy of declining to transmit, receive, route, relay, handle, or store certain types of electronic mail messages.
Source:
SL 2007, ch 226, §3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.