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, ยง5.
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.