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Section 37-30-26 - Required contents of message--Failure to comply as misdemeanor. - 37-30-26. Required contents of message--Failure to comply as misdemeanor. Any...
Section 37-30-27 - Forbidden uses of automatic telephone dialing system--Failure to comply as misdemeanor. - 37-30-27. Forbidden uses of automatic telephone dialing system--Failure to comply...
Section 37-30-28 - Permissible hours as to use of automated telephone dialing system--Disconnection requirements--Failure to comply as misdemeanor. - 37-30-28. Permissible hours as to use of automated telephone dialing...
Section 37-30-29 - Registrant responsible for automatic dialer requirements. - 37-30-29. Registrant responsible for automatic dialer requirements. The registrant is...
Chapter 30A - Telemarketing
Section 37-30A-1 - Definitions. - 37-30A-1. Definitions. Terms used in this chapter mean: (1)"Consumer," an...
Section 37-30A-2 - Required disclosures. - 37-30A-2. Required disclosures. Any telemarketer who makes an unsolicited consumer...
Section 37-30A-3 - Unreasonable telemarketer practices. - 37-30A-3. Unreasonable telemarketer practices. A telemarketer may not: (1)Engage in...
Section 37-30A-4 - Written confirmation of verbal agreement required. - 37-30A-4. Written confirmation of verbal agreement required. Any verbal agreement...
Section 37-30A-5 - Contents of written confirmation. - 37-30A-5. Contents of written confirmation. The written confirmation shall include...
Section 37-30A-6 - Terms of liability for goods or services. - 37-30A-6. Terms of liability for goods or services. A telemarketer...
Section 37-30A-7 - Right of cancellation for consumer. - 37-30A-7. Right of cancellation for consumer. If the consumer sends...
Section 37-30A-8 - Excluded transactions. - 37-30A-8. Excluded transactions. The provisions of this chapter do not...
Section 37-30A-10 - Additional excluded transactions. - 37-30A-10. Additional excluded transactions. The provisions of §§37-30A-4 to 37-30A-8,...
Section 37-30A-11 - Return of goods within refund period--Duties of telemarketer who has received notice to cancel from consumer. - 37-30A-11. Return of goods within refund period--Duties of telemarketer who...
Section 37-30A-12 - Location of sale. - 37-30A-12. Location of sale. For the purposes of enforcement of...
Section 37-30A-13 - Willful violation. - 37-30A-13. Willful violation. A willful violation of this chapter is...
Section 37-30A-14 - Civil action permitted for willful violation. - 37-30A-14. Civil action permitted for willful violation. Any consumer who...
Section 37-30A-15 - Other actions not affected. - 37-30A-15. Other actions not affected. Any action arising under this...
Section 37-30A-16 - Violation as misdemeanor. - 37-30A-16. Violation as misdemeanor. Any person who knowingly or intentionally...
Section 37-30A-17 - Telemarketer must prove exemption. - 37-30A-17. Telemarketer must prove exemption. A telemarketer claiming an exemption...
Chapter 31 - Assistive Devices
Section 37-31-1 - Definition of terms. - 37-31-1. Definition of terms. Terms used in this chapter mean:...
Section 37-31-2 - Manufacturer's warranty--Duration. - 37-31-2. Manufacturer's warranty--Duration. A manufacturer who sells or leases an...
Section 37-31-3 - Repair of nonconforming devices--Reimbursement by manufacturer--Failure to repair. - 37-31-3. Repair of nonconforming devices--Reimbursement by manufacturer--Failure to repair. If...
Section 37-31-4 - Return of nonconforming device for replacement or refund. - 37-31-4. Return of nonconforming device for replacement or refund. To...
Section 37-31-5 - Refund for leased nonconforming assistive device--Transfer of possession of device. - 37-31-5. Refund for leased nonconforming assistive device--Transfer of possession of...
Section 37-31-6 - No enforcement of lease following refund to consumer. - 37-31-6. No enforcement of lease following refund to consumer. No...
Section 37-31-7 - Other rights and remedies of consumer--Action for damages--Award. - 37-31-7. Other rights and remedies of consumer--Action for damages--Award. This...
Section 37-31-8 - Restrictions on resale or lease of returned devices. - 37-31-8. Restrictions on resale or lease of returned devices. No...
Section 37-31-9 - Liability of dealer or lessor. - 37-31-9. Liability of dealer or lessor. Nothing in this chapter...
Chapter 32 - Sweepstake Prizes
Section 37-32-1 - Definition of terms. - 37-32-1. Definition of terms. Terms used in this chapter mean:...
Section 37-32-2 - Payment not allowed as requirement to receive written prize notice. - 37-32-2. Payment not allowed as requirement to receive written prize...
Section 37-32-3 - Written prize notice--Contents. - 37-32-3. Written prize notice--Contents. A written prize notice shall contain...
Section 37-32-4 - Retail value and statement of odds. - 37-32-4. Retail value and statement of odds. The verifiable retail...
Section 37-32-5 - Statement of shipping and handling fees. - 37-32-5. Statement of shipping and handling fees. If an individual...
Section 37-32-6 - Location and size of information in notice. - 37-32-6. Location and size of information in notice. The information...
Section 37-32-7 - Name of sponsor on notice. - 37-32-7. Name of sponsor on notice. If a written prize...
Section 37-32-8 - Limitations on solicitor or sponsor. - 37-32-8. Limitations on solicitor or sponsor. A solicitor or sponsor...
Section 37-32-9 - Sales presentations. - 37-32-9. Sales presentations. If a prize notice requires or invites...
Section 37-32-10 - Prize unavailable. - 37-32-10. Prize unavailable. A solicitor who represents to an individual...
Section 37-32-11 - Temporary or permanent injunction for violation. - 37-32-11. Temporary or permanent injunction for violation. If the attorney...
Section 37-32-12 - Civil penalties for violation of injunction. - 37-32-12. Civil penalties for violation of injunction. The attorney general...
Section 37-32-13 - Civil penalties for intentional violation. - 37-32-13. Civil penalties for intentional violation. In any action brought...
Section 37-32-14 - Civil action by individual. - 37-32-14. Civil action by individual. Any individual who claims to...
Section 37-32-15 - Venue of action. - 37-32-15. Venue of action. An action under this chapter shall...
Section 37-32-16 - Conflict with other actions. - 37-32-16. Conflict with other actions. Any action arising under this...
Section 37-32-17 - Violation is Class 1 misdemeanor. - 37-32-17. Violation is Class 1 misdemeanor. Any person who knowingly...
Section 37-32-18 - Applicability of chapter. - 37-32-18. Applicability of chapter. The provisions of this chapter do...
Chapter 33 - Pyramid Promotional Schemes
Section 37-33-1 - "Promote" defined. - 37-33-1."Promote" defined. For the purposes of §§37-33-1 to 37-33-11, inclusive,...
Section 37-33-2 - "Appropriate inventory repurchase program" defined--"Inventory" defined--"Commercially reasonable" defined--"Current and marketable" defined. - 37-33-2."Appropriate inventory repurchase program" defined--"Inventory" defined--"Commercially reasonable" defined--"Current and marketable"...
Section 37-33-3 - "Pyramid promotional scheme" defined. - 37-33-3."Pyramid promotional scheme" defined. For the purposes of §§37-33-1 to...
Section 37-33-4 - "Compensation" defined. - 37-33-4."Compensation" defined. For the purposes of §§37-33-1 to 37-33-11, inclusive,...
Section 37-33-5 - "Consideration" defined. - 37-33-5."Consideration" defined. For the purposes of §§37-33-1 to 37-33-11, inclusive,...
Section 37-33-6 - "Inventory loading" defined. - 37-33-6."Inventory loading" defined. For the purposes of §§37-33-1 to 37-33-11,...
Section 37-33-7 - Pyramid promotional schemes prohibited--Operation of scheme a felony--Participation in scheme a misdemeanor. - 37-33-7. Pyramid promotional schemes prohibited--Operation of scheme a felony--Participation in...
Section 37-33-8 - Certain plans not defined as pyramid promotional schemes. - 37-33-8. Certain plans not defined as pyramid promotional schemes. Nothing...
Section 37-33-9 - Attorney general may proceed against pyramid promotional schemes. - 37-33-9. Attorney general may proceed against pyramid promotional schemes. The...
Section 37-33-10 - Civil proceedings by attorney general--Entry of orders--Injunctions--Hearings--Penalties--Payment of costs. - 37-33-10. Civil proceedings by attorney general--Entry of orders--Injunctions--Hearings--Penalties--Payment of costs....
Section 37-33-11 - Burden of proof. - 37-33-11. Burden of proof. The burden of showing compliance with...
Chapter 34 - Debt Adjusting
Section 37-34-1 - Debt adjusting defined. - 37-34-1. Debt adjusting defined. The term, debt adjusting, means the...
Section 37-34-2 - Debt adjusting--Misdemeanor. - 37-34-2. Debt adjusting--Misdemeanor. Except as provided in §37-34-3, no person...
Section 37-34-3 - Exceptions. - 37-34-3. Exceptions. Section 37-34-2 does not apply to: (1)Debt adjusting...
Chapter 35 - Firearms, Accessories, And Ammunition
Section 37-35-1 - Definition of terms. - 37-35-1. Definition of terms. Terms used in this chapter mean:...
Section 37-35-2 - Firearms, firearm accessories, and ammunition manufactured and retained in state declared exempt from federal regulation. - 37-35-2. Firearms, firearm accessories, and ammunition manufactured and retained in...
Section 37-35-3 - Application of § 37-35-2. - 37-35-3. Application of §37-35-2. The provisions of §37-35-2 do not...
Section 37-35-4 - Made in South Dakota stamp required. - 37-35-4. Made in South Dakota stamp required. A firearm manufactured...
Section 37-35-5 - Application of chapter. - 37-35-5. Application of chapter. The provisions of this chapter apply...
Chapter 36 - Bad Faith Assertion Of Patent Infringement
Section 37-36-1 - Definitions. - 37-36-1. Definitions. Terms used in this chapter mean: (1)"Demand letter,"...
Section 37-36-2 - Bad faith assertion of patent infringement prohibited. - 37-36-2. Bad faith assertion of patent infringement prohibited. No person...
Section 37-36-3 - Factors for bad faith assertion of infringement. - 37-36-3. Factors for bad faith assertion of infringement. A court...
Section 37-36-4 - Factors for claim of patent infringement not made in bad faith. - 37-36-4. Factors for claim of patent infringement not made in...
Section 37-36-5 - Bond. - 37-36-5. Bond. Upon motion by a target and a finding...
Section 37-36-6 - Action by attorney general. - 37-36-6. Action by attorney general. The attorney general may bring...
Section 37-36-7 - Action by person aggrieved--Available remedies. - 37-36-7. Action by person aggrieved--Available remedies. A target of conduct...
Section 37-36-8 - Patent enforcement not a deceptive trade act or practice. - 37-36-8. Patent enforcement not a deceptive trade act or practice....
Section 37-36-9 - Exempt demand letters. - 37-36-9.Exempt demand letters. This chapter does not apply to any...
Chapter 37 - Farm Machinery Lemon Law
Section 37-37-1 - Definitions. - 37-37-1. Definitions. Term used in this chapter mean: (1)"Consumer," the...
Section 37-37-2 - Manufacturer to repair nonconforming condition of new farm machinery upon notice from consumer. - 37-37-2. Manufacturer to repair nonconforming condition of new farm machinery...
Section 37-37-3 - Replacement of farm machinery which cannot be repaired--Return of farm machinery and refund. - 37-37-3. Replacement of farm machinery which cannot be repaired--Return of...
Section 37-37-4 - Refund to be made to consumer and any lien holders--Allowance for use. - 37-37-4. Refund to be made to consumer and any lien...
Section 37-37-5 - Presumption of reasonable attempts to correct nonconforming condition. - 37-37-5. Presumption of reasonable attempts to correct nonconforming condition. It...
Section 37-37-6 - Civil action to enforce chapter--Notice and final opportunity to cure. - 37-37-6. Civil action to enforce chapter--Notice and final opportunity to...
Section 37-37-7 - Affirmative defenses to civil action. - 37-37-7. Affirmative defenses to civil action. It is an affirmative...
Section 37-37-8 - Attorney fees. - 37-37-8. Attorney fees. If the manufacturer has breached the manufacturer's...
Section 37-37-9 - Disclosure to subsequent purchaser of return of farm machinery and nature of nonconformity. - 37-37-9. Disclosure to subsequent purchaser of return of farm machinery...
Section 37-37-10 - Farm machinery dealer not liable. - 37-37-10. Farm machinery dealer not liable. Nothing in this chapter...
Section 37-37-11 - Time limitation for action. - 37-37-11. Time limitation for action. Any action brought under this...