37-30A-8. Excluded transactions.
The provisions of this chapter do not apply to a transaction:
(1)Made by a merchant who operates an established business that has a fixed permanent location, who displays or offers consumer goods or services for sale on a continuing basis, and less than twenty-five percent of total new sales are made by unsolicited consumer telephone communications;
(2)In which the business establishment making the solicitation is establishing a business-to-business relationship or has a clear, preexisting business relationship with the consumer, if that relationship resulted in the consumer becoming aware of the full name, business address, and telephone number of the establishment; or
(3)In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalog, or other mailing material of the telemarketer that contains:
(a)The name, address, and telephone number of the telemarketer;
(b)A full description of the goods or services being sold along with a list of all prices or fees being requested, including any handling, shipping, sales tax, or delivery charges; and
(c)Any limitations or restrictions that apply to the offer.
Source: SL 1997, ch 222, §8; SL 2003, ch 212, §1; SL 2020, ch 171, § 4.
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.