South Dakota Codified Laws
Chapter 30 - Telephone Solicitation
Section 37-30-2 - Sale of items associated with charity as solicitation--Includes offer or attempt to sell.

37-30-2. Sale of items associated with charity as solicitation--Includes offer or attempt to sell.
For the purposes of this chapter, "solicitation" includes, the sale of, offer or attempt to sell, by telephone, any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, light bulbs, cookies or other tangible item in connection with an appeal made for any charitable organization or purpose, or if the name of any charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or if in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale is to be used for any charitable purpose or benefit any charitable organization.

Source: SL 1990, ch 314, ยง2.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 37 - Trade Regulation

Chapter 30 - Telephone Solicitation

Section 37-30-1 - Definition of terms.

Section 37-30-2 - Sale of items associated with charity as solicitation--Includes offer or attempt to sell.

Section 37-30-3 - Solicitor to register with attorney general--Registration periods--Information to be provided by solicitor--Failure to register as misdemeanor.

Section 37-30-4 - Attorney general's approval of application required prior to solicitation--Period for review--Basis for denial of registration.

Section 37-30-5 - Applicant must file bond--Requirements as to bond--Failure to provide bond as misdemeanor.

Section 37-30-6 - Solicitation notice--Form and contents--Failure to comply as misdemeanor.

Section 37-30-7 - Contract between solicitor and charitable organization--Requirements--Failure to comply as misdemeanor.

Section 37-30-8 - Solicitor required to have written consent before permitted to use name of charitable organization--Failure to comply as misdemeanor.

Section 37-30-9 - Solicitor required to have written commitment where charitable organization agrees to accept donated tickets to an event--Failure to comply as misdemeanor.

Section 37-30-10 - Employee of paid solicitor--Requirements.

Section 37-30-11 - Solicitor required to file financial report--Time period--Form and contents--Failure to file reports as misdemeanor.

Section 37-30-12 - Solicitor required to maintain records--Time periods--Contents of records--Failure to keep records as misdemeanor.

Section 37-30-13 - Where solicitor sells tickets to an event--Record keeping requirements--Contents of records--Failure to comply as misdemeanor.

Section 37-30-14 - All funds to be deposited in bank account--Charitable organization to have sole or joint control--Failure to comply as misdemeanor.

Section 37-30-15 - Solicitor required to make written report as to material changes in filed information--Time requirements--Failure to comply as misdemeanor.

Section 37-30-16 - Prior conviction of felony or certain misdemeanors precludes operation as solicitor.

Section 37-30-17 - Misdemeanors involving knowing misrepresentations and false, misleading or unauthorized solicitation practices--Use of unregistered paid solicitor as misdemeanor.

Section 37-30-18 - Investigate by attorney general--Powers.

Section 37-30-19 - Power of attorney general to compel testimony--Use of such testimony in criminal proceedings prohibited--Exceptions.

Section 37-30-20 - Power of attorney general to deny, suspend or revoke registration of paid solicitor.

Section 37-30-21 - Power of attorney general to bring action for injunction--Restraint of violations.

Section 37-30-22 - Documents required to be filed--Status as public records--Exceptions.

Section 37-30-23 - "Automatic telephone dialing system" defined.

Section 37-30-24 - "Telephone solicitation" defined.

Section 37-30-25 - Registration as to intended use of automatic telephone dialing system--Failure to comply as misdemeanor.

Section 37-30-26 - Required contents of message--Failure to comply as misdemeanor.

Section 37-30-27 - Forbidden uses of automatic telephone dialing system--Failure to comply as misdemeanor.

Section 37-30-28 - Permissible hours as to use of automated telephone dialing system--Disconnection requirements--Failure to comply as misdemeanor.

Section 37-30-29 - Registrant responsible for automatic dialer requirements.