State of South Dakota

South Dakota Legislature

South Dakota Codified Laws

 
37-24 DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION
CHAPTER 37-24

DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION

37-24-1      Definition of terms.
37-24-2      Unordered merchandise as gift--Right to refuse--Exceptions.
37-24-3 to 37-24-5. Repealed.
37-24-5.1      "Door to door sale" defined.
37-24-5.2      Transactions not considered door to door sales.
37-24-5.3      Door to door seller's failure to inform buyer of right to cancel.
37-24-5.4      Cancellation notice form to be furnished and filled in by door to door seller.
37-24-5.5      Deceptive to include confession of judgment or waiver of rights in door to door sale.
37-24-5.6      Deceptive to fail to honor notice of cancellation of door to door sale--Notice of intent to repossess or abandon delivered goods.
37-24-5.7      Criteria for compliance of door to door sales with notice requirements.
37-24-6      Deceptive acts or practices--Each act as Class 2 misdemeanor--Subsequent acts.
37-24-6.1      Electronic cash registers required to display transactions and issue receipts--Violation as petty offense.
37-24-6.2      Advertisement at regular price not prohibited.
37-24-7      Other remedies unimpaired by definition of deceptive practices--Actions under chapter restricted.
37-24-8      Prima facie knowledge of deceptive practice--Civil relief unaffected.
37-24-9      Repealed.
37-24-10      Lawful practices unaffected by chapter.
37-24-11      Advertising media exempt without knowledge of unlawfulness.
37-24-12      Attorney general's investigative demand for report on suspect practices.
37-24-13      Modification or setting aside of director's investigative demand.
37-24-14      Subpoena powers of attorney general--Hearings--Forms--Rules and regulations.
37-24-15      Self-incriminating evidence required on promise of immunity.
37-24-16      Service of notice, demand, or subpoena.
37-24-17      Judicial enforcement of notice, demand or subpoena.
37-24-18      Information disclosed only as necessary for enforcement.
37-24-19      Acceptance of assurance of voluntary compliance authorized.
37-24-20      Form and contents of assurance of voluntary compliance--Approval by circuit court.
37-24-21      Assurance not admission--Failure to comply prima facie evidence of violation.
37-24-22      Reopening of matters closed by acceptance of assurance.
37-24-23      Attorney general's action for injunction--Notice.
37-24-24      State's attorneys to assist--Action by state's attorney.
37-24-25      Venue of actions for injunction--Relief granted.
37-24-26      Civil penalty for violation of injunction.
37-24-27      Civil penalty for intentional violations recovered in action for injunction.
37-24-28      Jurisdiction retained by court issuing injunction.
37-24-29      Additional judicial relief from unlawful practices--Appointment of receiver.
37-24-30      Powers of receiver.
37-24-31      Action for damages brought by person adversely affected.
37-24-32      Other private remedies unaffected.
37-24-33      Limitation of actions.
37-24-34      Chapter not retroactive.
37-24-35      Severability of provisions.
37-24-36 to 37-24-40. Repealed.
37-24-41      Definitions.


37-24-42      Unsolicited commercial e-mail advertisements restricted.
37-24-43      Internet access service provider policy restricting e-mail permitted.
37-24-44      Collection of e-mail addresses to initiate unsolicited commercial e-mail advertisements prohibited.
37-24-45      Obtaining e-mail addresses by automated means to initiate unsolicited commercial e-mail advertisements prohibited.
37-24-46      Use of automated means to register multiple e-mail accounts from which to initiate unsolicited commercial e-mail advertisements prohibited.
37-24-47      Prohibited commercial e-mail advertisements.
37-24-48      Actions for damages--Attorney's fees and costs--Reduction of damages under certain circumstances.
37-24-49      Contractor defined for §§ 37-24-50 and 37-24-51.
37-24-50      Contractor rebate of insurance deductible prohibited.
37-24-51      Cancellation of storm damage roofing repair contract.


Title 37
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