37-30-24."Telephone solicitation" defined.
For the purposes of §§37-30-23 to 37-30-29, inclusive, a telephone solicitation is the unsolicited initiation of a telephone call to a residential telephone customer for the purpose of encouraging a person to purchase property, goods, or services or soliciting donations of money, property, goods, or services. Telephone solicitation does not include:
(1)Calls made in response to a request or inquiry by the called party. This includes calls regarding an item that has been purchased by the called party from the company or organization during a period not longer than twelve months prior to the telephone contact;
(2)Calls made for a not-for-profit organization to its own list of bona fide or active members of the organization;
(3)Calls limited to polling or soliciting the expression of ideas, opinions or votes;
(4)Business-to-business contacts or contacts with residential customers with whom a business or credit relationship exists; or
(5)Calls utilized for relaying messages for private purposes, including voice messaging services or message delivery services.
Source: SL 1991, ch 322, §2.
Structure South Dakota Codified Laws
Chapter 30 - Telephone Solicitation
Section 37-30-1 - Definition of terms.
Section 37-30-6 - Solicitation notice--Form and contents--Failure to comply as misdemeanor.
Section 37-30-10 - Employee of paid solicitor--Requirements.
Section 37-30-18 - Investigate by attorney general--Powers.
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 37-30-26 - Required contents of message--Failure to comply as misdemeanor.
Section 37-30-29 - Registrant responsible for automatic dialer requirements.