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.
Structure South Dakota Codified Laws
Section 37-30A-1 - Definitions.
Section 37-30A-2 - Required disclosures.
Section 37-30A-3 - Unreasonable telemarketer practices.
Section 37-30A-4 - Written confirmation of verbal agreement required.
Section 37-30A-5 - Contents of written confirmation.
Section 37-30A-6 - Terms of liability for goods or services.
Section 37-30A-7 - Right of cancellation for consumer.
Section 37-30A-8 - Excluded transactions.
Section 37-30A-10 - Additional excluded transactions.
Section 37-30A-12 - Location of sale.
Section 37-30A-13 - Willful violation.
Section 37-30A-14 - Civil action permitted for willful violation.
Section 37-30A-15 - Other actions not affected.