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.
Structure South Dakota Codified Laws
Chapter 24 - Deceptive Trade Practices And Consumer Protection
Section 37-24-1 - Definition of terms.
Section 37-24-2 - Unordered merchandise as gift--Right to refuse--Exceptions.
Section 37-24-5.1 - "Door to door sale" defined.
Section 37-24-5.2 - Transactions not considered door to door sales.
Section 37-24-5.3 - Door to door seller's failure to inform buyer of right to cancel.
Section 37-24-5.4 - Cancellation notice form to be furnished and filled in by door to door seller.
Section 37-24-5.7 - Criteria for compliance of door to door sales with notice requirements.
Section 37-24-6 - Deceptive act or practice--Violation as misdemeanor or felony.
Section 37-24-6.2 - Advertisement at regular price not prohibited.
Section 37-24-8 - Prima facie knowledge of deceptive practice--Civil relief unaffected.
Section 37-24-10 - Lawful practices unaffected by chapter.
Section 37-24-11 - Advertising media exempt without knowledge of unlawfulness.
Section 37-24-12 - Attorney general's investigative demand for report on suspect practices.
Section 37-24-13 - Modification or setting aside of director's investigative demand.
Section 37-24-14 - Subpoena powers of attorney general--Hearings--Forms--Rules and regulations.
Section 37-24-15 - Self-incriminating evidence required on promise of immunity.
Section 37-24-16 - Service of notice, demand, or subpoena.
Section 37-24-17 - Judicial enforcement of notice, demand or subpoena.
Section 37-24-18 - Information disclosed only as necessary for enforcement.
Section 37-24-19 - Acceptance of assurance of voluntary compliance authorized.
Section 37-24-21 - Assurance not admission--Failure to comply prima facie evidence of violation.
Section 37-24-22 - Reopening of matters closed by acceptance of assurance.
Section 37-24-23 - Attorney general's action for injunction--Notice--Attorney fees.
Section 37-24-24 - State's attorneys to assist--Action by state's attorney.
Section 37-24-25 - Venue of actions for injunction--Relief granted.
Section 37-24-26 - Civil penalty for violation of injunction.
Section 37-24-27 - Civil penalty for intentional violations recovered in action for injunction.
Section 37-24-28 - Jurisdiction retained by court issuing injunction.
Section 37-24-29 - Additional judicial relief from unlawful practices--Appointment of receiver.
Section 37-24-30 - Powers of receiver.
Section 37-24-31 - Action for damages brought by person adversely affected.
Section 37-24-32 - Other private remedies unaffected.
Section 37-24-33 - Limitation of actions.
Section 37-24-34 - Chapter not retroactive.
Section 37-24-35 - Severability of provisions.
Section 37-24-41 - Definitions.
Section 37-24-42 - Unsolicited commercial e-mail advertisements restricted.
Section 37-24-43 - Internet access service provider policy restricting e-mail permitted.
Section 37-24-47 - Prohibited commercial e-mail advertisements.
Section 37-24-49 - Contractor defined for §§ 37-24-50 and 37-24-51.
Section 37-24-50 - Contractor rebate of insurance deductible prohibited.
Section 37-24-51 - Cancellation of storm damage roofing repair contract.
Section 37-24-52 - Organized retail crime--Each act a misdemeanor or felony.
Section 37-24-53 - Restitution and reimbursement for organized retail crime.
Section 37-24-55 - Charges not prohibited by chapter.
Section 37-24-56 - Aggregating amount involved to determine degree of punishment.