37-30A-7. Right of cancellation for consumer.
If the consumer sends payment to the telemarketer in the form of a personal check, cash, or any other form of payment other than credit card without having included a signed written confirmation, the consumer may choose at any time to cancel the sale by notifying the telemarketer in writing, if the consumer returns to the telemarketer the goods sold in substantially the same condition as when they were received by the consumer. A telemarketer that has received such notice to cancel from a consumer shall, within ten business days:
(1)Refund all payments made, including any down payment made under the agreement;
(2)Return any goods or property traded in to the seller on account of or in contemplation of the agreement, in substantially the same condition as when received by the telemarketer; and
(3)Take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement.
Source: SL 1997, ch 222, ยง7.
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.