reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-2 - Required disclosures.

37-30A-2. Required disclosures.
Any telemarketer who makes an unsolicited consumer telephone communication to a residential telephone number shall:
(1)On caller identification technologies, use and display the telemarketer's authentic name or entity and telephone number;
(2)Immediately identify themselves with their true name, the true name of the telemarketer by whom they are employed, and the true name and address of the business on whose behalf the person is soliciting and the purpose of the communication;
(3)Within thirty seconds after beginning the conversation, inquire whether the person being solicited is interested in listening to a sales presentation and immediately discontinue the solicitation if the person being solicited gives a negative response; and
(4)Immediately hang up the telephone at any time during the solicitation that the consumer expresses a disinterest in the good or service offered.
Source:
SL 1997, ch 222, §2; SL 2020, ch 171, § 2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-3 - Unreasonable telemarketer practices.

37-30A-3. Unreasonable telemarketer practices.
A telemarketer may not:
(1)Engage in unfair or deceptive telephone solicitation;
(2)Place unsolicited consumer telephone communications to any residence which will be received before 9 a.m. or after 9 p. m. at the consumer's local time or place any unsolicited consumer telephone communications on Sunday;
(3)Engage in any conduct which harasses, intimidates, or torments any person in connection with the telephone communication; or
(4)Cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the identity of the caller or entity as described in subdivision 37-24-6 (16).
Source:
SL 1997, ch 222, §3; SL 2020, ch 171, § 3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-4 - Written confirmation of verbal agreement required.

37-30A-4. Written confirmation of verbal agreement required.
Any verbal agreement made by a consumer to purchase any goods or services from a telemarketer is not valid and legally binding unless the telemarketer receives from the consumer a signed written confirmation that discloses in full the terms of the sale agreed upon.
Source:
SL 1997, ch 222, §4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-5 - Contents of written confirmation.

37-30A-5. Contents of written confirmation.
The written confirmation shall include the following information:
(1)The true business name of the telemarketer;
(2)The true address and telephone number at which personal or voice contact with an employee or agent of the telemarketer can be made during normal business hours and the address where cancellation notices can be sent or merchandise returned;
(3)A detailed description of the goods or services that the consumer is to actually receive;
(4)A list of all prices or fees being requested, including any handling, shipping, delivery, sales tax, or other charges;
(5)The date of the transaction;
(6)If the telemarketer requests the consumer to contact the telemarketer by telephone, the per minute charge to the consumer of placing the call and the average length of the telephone call;
(7)A duplicate copy with the complete information as presented in the original confirmation, to be retained by the consumer as proof of the terms of the agreement to purchase; and
(8)In a bold face type with a minimum size of twelve points, in a space immediately preceding the space allotted for the consumer's signature, the following statement: "YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONFIRMATION AND RETURN IT TO THE SELLER."
Source:
SL 1997, ch 222, §5.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-6 - Terms of liability for goods or services.

37-30A-6. Terms of liability for goods or services.
A telemarketer may not make or submit any charge to the consumer's credit card or bank account until the telemarketer has received from the consumer an original copy of the written confirmation, signed by the consumer, that complies with §37-30A-5. Any good or merchandise sent or service provided without the written confirmation shall be considered unordered merchandise subject to the provisions of §37-24-2. No consumer is liable for payment for any good or service provided by the telemarketer unless the telemarketer has first received the written consent of the consumer in the form of a confirmation as required by §37-30A-5.
Source:
SL 1997, ch 222, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-7 - Right of cancellation for consumer.

37-30A-7. Right of cancellation for consumer.
If the consumer sends payment to the telemarketer in the form of a personal check, cash, or any other form of payment other than credit card without having included a signed written confirmation, the consumer may choose at any time to cancel the sale by notifying the telemarketer in writing, if the consumer returns to the telemarketer the goods sold in substantially the same condition as when they were received by the consumer. A telemarketer that has received such notice to cancel from a consumer shall, within ten business days:
(1)Refund all payments made, including any down payment made under the agreement;
(2)Return any goods or property traded in to the seller on account of or in contemplation of the agreement, in substantially the same condition as when received by the telemarketer; and
(3)Take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement.
Source:
SL 1997, ch 222, §7.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-8 - Excluded transactions.

37-30A-8. Excluded transactions.
The provisions of this chapter do not apply to a transaction:
(1)Made by a merchant who operates an established business that has a fixed permanent location, who displays or offers consumer goods or services for sale on a continuing basis, and less than twenty-five percent of total new sales are made by unsolicited consumer telephone communications;
(2)In which the business establishment making the solicitation is establishing a business-to-business relationship or has a clear, preexisting business relationship with the consumer, if that relationship resulted in the consumer becoming aware of the full name, business address, and telephone number of the establishment; or
(3)In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalog, or other mailing material of the telemarketer that contains:
(a)The name, address, and telephone number of the telemarketer;
(b)A full description of the goods or services being sold along with a list of all prices or fees being requested, including any handling, shipping, sales tax, or delivery charges; and
(c)Any limitations or restrictions that apply to the offer.
Source:
SL 1997, ch 222, §8; SL 2003, ch 212, §1; SL 2020, ch 171, § 4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-10 - Additional excluded transactions.

37-30A-10. Additional excluded transactions.
The provisions of §§37-30A-4 to 37-30A-8, inclusive, do not apply to a transaction in which the consumer may obtain a full refund for the return of undamaged and unused goods, or a cancellation of services, if notice is sent to the seller within ten days after receipt by the consumer, and the seller processes the refund within thirty days after receipt of the returned merchandise by the consumer or the refund for any services not performed on a pro rata basis. The return and refund privilege shall be disclosed to the consumer orally by telephone or in writing with advertising or promotional material, and in writing with delivery of the product or service.
Source:
SL 1997, ch 222, §10.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-11 - Return of goods within refund period--Duties of telemarketer who has received notice to cancel from consumer.

37-30A-11. Return of goods within refund period--Duties of telemarketer who has received notice to cancel from consumer.
The telemarketer shall guarantee the goods to be satisfactory to the consumer to the extent that the consumer may, at any time within the ten-day refund period, cancel the sale by notifying the telemarketer in writing, if the consumer returns to the telemarketer the goods sold in substantially the same condition as when the goods were received by the consumer. A telemarketer that has received the notice to cancel from a consumer shall, within thirty days of receipt of the notice:
(1)Refund all payments made, including any down payment made under the agreement;
(2)Return any goods or property traded in to the seller on account of or in contemplation of the agreement, in substantially the same condition as when received by the telemarketer; and
(3)Take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement.
Source:
SL 1997, ch 222, §11.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-12 - Location of sale.

37-30A-12. Location of sale.
For the purposes of enforcement of this chapter, any telemarketing sale is considered to have taken place in the state where the consumer is located, regardless of the location of the telemarketer.
Source:
SL 1997, ch 222, §12.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-13 - Willful violation.

37-30A-13. Willful violation.
A willful violation of this chapter is an unfair or deceptive trade practice and is subject to the relief provided under chapter 37-24.
Source:
SL 1997, ch 222, §13.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-14 - Civil action permitted for willful violation.

37-30A-14. Civil action permitted for willful violation.
Any consumer who claims to have been adversely affected by any act or practice declared to be unlawful by this chapter may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of a willful act or practice. In addition, the consumer may collect the court costs and attorney fees expended by the consumer to bring an action under this section.
Source:
SL 1997, ch 222, §14.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-15 - Other actions not affected.

37-30A-15. Other actions not affected.
Any action arising under this chapter in no way affects any cause of action arising under other laws of this state or under the common law, whether or not the other cause of action is included within the provisions of this chapter.
Source:
SL 1997, ch 222, §15.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-16 - Violation as misdemeanor.

37-30A-16. Violation as 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 222, §16.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 30A - Telemarketing › Section 37-30A-17 - Telemarketer must prove exemption.

37-30A-17. Telemarketer must prove exemption.
A telemarketer claiming an exemption from the provisions of this chapter has the burden of proving the exemption.
Source:
SL 1997, ch 222, §17.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 33 - Pyramid Promotional Schemes › Section 37-33-5 - "Consideration" defined.

37-33-5."Consideration" defined.
For the purposes of §§37-33-1 to 37-33-11, inclusive, the term, consideration, means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities.
Source:
SL 2003, ch 213, §5.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 33 - Pyramid Promotional Schemes › Section 37-33-6 - "Inventory loading" defined.

37-33-6."Inventory loading" defined.
For the purposes of §§37-33-1 to 37-33-11, inclusive, the term, inventory loading, means that the plan or operation requires or encourages its independent salespersons to purchase inventory in an amount, which exceeds that which the salesperson can expect to resell for ultimate consumption or to consume in a reasonable time period, or both.
Source:
SL 2003, ch 213, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 33 - Pyramid Promotional Schemes › Section 37-33-7 - Pyramid promotional schemes prohibited--Operation of scheme a felony--Participation in scheme a misdemeanor.

37-33-7. Pyramid promotional schemes prohibited--Operation of scheme a felony--Participation in scheme a misdemeanor.
No person may establish, promote, operate, or participate in any pyramid promotional scheme. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme. It is not a defense under this section that a person, on giving consideration, obtains goods, services, or intangible property in addition to the right to receive compensation.
Any person who establishes or operates a pyramid promotional scheme is guilty of a Class 5 felony. Any person who knowingly participates in a pyramid promotional scheme is guilty of a Class 1 misdemeanor.
Source:
SL 2003, ch 213, §7.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 33 - Pyramid Promotional Schemes › Section 37-33-8 - Certain plans not defined as pyramid promotional schemes.

37-33-8. Certain plans not defined as pyramid promotional schemes.
Nothing in §§37-33-1 to 37-33-11, inclusive, may be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale so long as the plan or operation does not promote or induce inventory loading and the plan or operation implements an appropriate inventory repurchase program.
Source:
SL 2003, ch 213, §8.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 33 - Pyramid Promotional Schemes › Section 37-33-9 - Attorney general may proceed against pyramid promotional schemes.

37-33-9. Attorney general may proceed against pyramid promotional schemes.
The provisions of §§37-33-1 to 37-33-11, inclusive, do not preclude, preempt, or prohibit the attorney general from proceeding against any plan or scheme or any person involved with such plan or scheme under any other provision of law.
Source:
SL 2003, ch 213, §9.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 33 - Pyramid Promotional Schemes › Section 37-33-10 - Civil proceedings by attorney general--Entry of orders--Injunctions--Hearings--Penalties--Payment of costs.

37-33-10. Civil proceedings by attorney general--Entry of orders--Injunctions--Hearings--Penalties--Payment of costs.
If it appears to the attorney general that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of §§37-33-1 to 37-33-11, inclusive, or any order under §§37-33-1 to 37-33-11, inclusive, the attorney general may do one or more of the following:
(1)Issue a cease and desist order, with or without prior hearing, against any person engaged in the prohibited activities, directing such person to cease and desist from further illegal activities;
(2)Bring an action in the circuit court to enjoin the acts or practices to enforce compliance with §§37-33-1 to 37-33-11, inclusive, or any order under §§37-33-1 to 37-33-11, inclusive; or
(3)Impose by order and collect a civil penalty against any person found in an administrative action to have violated any provision of §§37-33-1 to 37-33-11, inclusive, or any order issued under §§37-33-1 to 37-33-11, inclusive, in an amount not to exceed ten thousand dollars per violation per person. The attorney general may bring actions to recover penalties pursuant to this subdivision in circuit court. All civil penalties received shall be deposited in the state general fund.
Any person named in a cease and desist order issued pursuant to §§37-33-1 to 37-33-11, inclusive, shall be notified of his or her right to file, within fifteen days after the receipt of the order, a written notice for a hearing with the attorney general. If the attorney general does not receive a written request for a hearing within the time specified, the cease and desist order shall be permanent and the person named in the order deemed to have waived all rights to a hearing. Every such order shall state its effective date and shall concisely state its intent or purpose and the grounds on which it is based. Any person aggrieved by a final order issued pursuant to §§37-33-1 to 37-33-11, inclusive, may obtain a review of the order in the circuit court pursuant to the provisions of chapter 1-26.
Upon a proper showing a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or defendant's assets. In addition, upon a proper showing by the attorney general, the court may enter an order of rescission, restitution, or disgorgement directed to any person who has engaged in any act constituting a violation of any provision of §§37-33-1 to 37-33-11, inclusive, or any order under §§37-33-1 to 37-33-11, inclusive. The court may not require the attorney general to post a bond. In addition to fines or penalties, the attorney general shall collect costs and attorney fees.
Source:
SL 2003, ch 213, §10.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 33 - Pyramid Promotional Schemes › Section 37-33-11 - Burden of proof.

37-33-11. Burden of proof.
The burden of showing compliance with the provisions of §§37-33-1 to 37-33-11, inclusive, lies with the plan, scheme, or person involved with such plan or scheme.
Source:
SL 2003, ch 213, §11.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 34 - Debt Adjusting › Section 37-34-1 - Debt adjusting defined.

37-34-1. Debt adjusting defined.
The term, debt adjusting, means the making of a contract, express or implied, with a debtor whereby the debtor agrees to pay a certain amount of money or other thing of value periodically to the person engaged in the debt-adjusting business who shall, for consideration, distribute the same among certain specified creditors in accordance with a plan agreed upon. The term includes debt adjustment, budget counseling, debt management, or debt-pooling service or the holding of oneself out by words of similar import as providing services to debtors in the management of their debts and contracting with the debtor for a fee to effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor or receive from the debtor and disperse to his creditors any money or thing of value. The term, debt adjuster, means a person who engages in, attempts to engage in, or offers to engage in the practice of debt adjusting.
Source:
SL 1990, ch 387, §1; SDCL §22-47-1; SL 2005, ch 120, §295.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 34 - Debt Adjusting › Section 37-34-2 - Debt adjusting--Misdemeanor.

37-34-2. Debt adjusting--Misdemeanor.
Except as provided in §37-34-3, no person may engage in the business of debt adjusting. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1990, ch 387, §2; SDCL §22-47-2; SL 2005, ch 120, §295.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 34 - Debt Adjusting › Section 37-34-3 - Exceptions.

37-34-3. Exceptions.
Section 37-34-2 does not apply to:
(1)Debt adjusting incurred incidentally in the lawful practice of law in this state;
(2)Banks and fiduciaries duly authorized and admitted to transact business in this state and performing credit and financial adjusting service in the regular course of their principal business;
(3)Title insurers and abstract companies, while doing an escrow business;
(4)Judicial officers or others acting under court orders;
(5)Nonprofit or charitable corporations or associations engaged in debt adjusting;
(6)Bona fide trade or mercantile associations in the course of arranging adjustments of debts with business establishments;
(7)Employers for their employees;
(8)Any person who, at the request of a debtor, arranges for or makes a loan to the debtor and who, at the authorization of the debtor, acts as an adjuster of the debtor's debts in the disbursement of the proceeds of the loan without compensation for the services rendered in adjusting the debts;
(9)Any person serving as a mediator pursuant to chapter 54-13; or
(10)Any person who files and maintains with the attorney general a bond to be approved by the attorney general in the penal sum of fifty thousand dollars conditioned for the faithful performance and payment of obligations of such debt adjuster arising in connection with his business as such, and for the payment of all claims for damages for which he may become liable in the course of his business as a debt adjuster.
Source:
SL 1990, ch 387, §3; SL 1991, ch 196; SL 1993, ch 181; SDCL §22-47-3; SL 2005, ch 120, §295.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 35 - Firearms, Accessories, And Ammunition › Section 37-35-1 - Definition of terms.

37-35-1. Definition of terms.
Terms used in this chapter mean:
(1)"Firearm accessory," any item that is used in conjunction with or mounted upon a firearm but is not essential to the basic function of a firearm, including any telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock and grip, speed loader, ammunition carrier, or light for target illumination;
(2)"Generic and insignificant part," any firearm part, including a spring, screw, nut, and pin;
(3)"Manufactured," any firearm, firearm accessory, or ammunition which has been created from basic materials for functional usefulness, including forging, casting, machining, or other processes for working materials.
Source:
SL 2010, ch 198, §1.