§ 37-24-1 Definition of terms
§ 37-24-2 Unordered merchandise as gift–Right to refuse–Exceptions
§ 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 act or practice–Violation as misdemeanor or felony
§ 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
§ 37-24-10 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–Attorney fees
§ 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
§ 37-24-41 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
§ 37-24-50 Contractor rebate of insurance deductible prohibited
§ 37-24-51 Cancellation of storm damage roofing repair contract
§ 37-24-52 Organized retail crime–Each act a misdemeanor or felony
§ 37-24-53 Restitution and reimbursement for organized retail crime
§ 37-24-54 Defenses
§ 37-24-55 Charges not prohibited by chapter
§ 37-24-56 Aggregating amount involved to determine degree of punishment
§ 37-24-57 Report by financial institution of exploitation of elder or adult with disability
§ 37-24-58 Cooperation of financial institution with investigation of abuse, neglect, or exploitation of elder or adult with disability
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Terms Used In South Dakota Codified Laws > Title 37 > Chapter 24 - Deceptive Trade Practices and Consumer Protection

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • door to door sale: means , except as provided by §. See South Dakota Codified Laws 37-24-5.1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2