South Dakota Deceptive Trade Practices and Consumer Protection
S.D. Codified Laws §§ 37-24-1–37-24-58The complete Chapter 37-24 inventory was checked against the South Dakota Legislature and its Consumer Protection Division’s chapter PDF. Repealed ranges are consolidated and labeled. Summaries are educational and do not determine criminal exposure or civil remedies.
Definitions
Defines advertising, merchandise, trade, commerce, seller, unordered goods, and other chapter terms.
Read available section text ↗Unordered merchandise
Treats qualifying unordered merchandise as a gift and provides refusal rights and exceptions.
Read available section text ↗Repealed
Preserves notice that sections 3 through 5 were repealed in 1975.
Read available section text ↗Excluded door-to-door transactions
Identifies transactions not treated as door-to-door sales.
Read available section text ↗Notice of cancellation right
Makes failure to disclose the buyer’s cancellation right deceptive.
Read available section text ↗Cancellation notice form
Requires the seller to furnish and complete the statutory cancellation notice.
Read available section text ↗Judgment confession and waiver prohibited
Prohibits covered contracts from waiving buyer rights or confessing judgment.
Read available section text ↗Honoring cancellation
Requires refunds and notice concerning repossession or abandonment after cancellation.
Read available section text ↗Alternative compliance
Explains when broader return or refusal rights satisfy notice requirements.
Read available section text ↗Deceptive acts and penalties
Lists deceptive practices and provides misdemeanor or felony consequences.
Read available section text ↗Electronic cash registers
Requires transaction displays and receipts and provides a petty-offense consequence.
Read available section text ↗Regular-price advertising
Clarifies that advertising merchandise at its regular price is not prohibited.
Read available section text ↗Other remedies and chapter limits
Preserves other remedies while limiting chapter actions to practices declared unlawful by section 6.
Read available section text ↗Prima facie knowledge
Addresses evidence of knowledge in public actions without limiting civil relief.
Read available section text ↗Lawful practices unaffected
Excludes conduct required or permitted by other law or authoritative rules and interpretations.
Read available section text ↗Advertising-media exemption
Protects media that disseminate another’s material without knowledge of unlawfulness.
Read available section text ↗Attorney General investigative demand
Authorizes demands for reports, testimony, documents, and evidence.
Read available section text ↗Challenge to investigative demand
Provides a procedure to modify or set aside a demand.
Read available section text ↗Subpoenas, hearings, forms, and rules
Describes Attorney General investigative and rulemaking powers.
Read available section text ↗Compelled self-incriminating evidence
Addresses compelled evidence after a promise of immunity.
Read available section text ↗Judicial enforcement
Provides court enforcement of a notice, demand, or subpoena.
Read available section text ↗Confidentiality
Limits disclosure of investigative information to enforcement needs.
Read available section text ↗Voluntary compliance
Authorizes acceptance of an assurance of voluntary compliance.
Read available section text ↗Assurance form and approval
Specifies assurance contents and circuit-court approval.
Read available section text ↗Effect of assurance
States an assurance is not an admission while noncompliance may evidence a violation.
Read available section text ↗Reopening closed matters
Allows matters resolved by assurance to be reopened in the public interest.
Read available section text ↗Attorney General injunction
Authorizes injunctions and prevailing-plaintiff fees and costs.
Read available section text ↗State’s attorney assistance
Requires assistance and allows approved local enforcement actions.
Read available section text ↗Venue and injunctive relief
Specifies venue and court authority for injunction actions.
Read available section text ↗Injunction-violation penalty
Provides a civil penalty for violating an injunction.
Read available section text ↗Intentional-violation penalty
Provides a civil penalty for intentional unlawful practices.
Read available section text ↗Retained jurisdiction
Allows the issuing court to retain jurisdiction for penalty proceedings.
Read available section text ↗Additional relief and receiver
Allows restoration orders and appointment of a receiver.
Read available section text ↗Receiver powers
Defines authority over property derived from unlawful practices.
Read available section text ↗Private damages action
Allows an adversely affected person to seek actual damages.
Read available section text ↗Other private remedies preserved
Preserves causes of action under other law and common law.
Read available section text ↗Limitation of actions
Provides a four-year occurrence-or-discovery rule; confirm current law before calculating a deadline.
Read available section text ↗No retroactive application
Preserves rights, penalties, and proceedings predating the chapter.
Read available section text ↗Severability
Preserves valid provisions when another provision or application is invalid.
Read available section text ↗Repealed
Preserves notice that sections 36 through 40 were repealed in 2007.
Read available section text ↗Commercial email definitions
Defines terms for the chapter’s commercial-email protections.
Read available section text ↗Unsolicited commercial email
Restricts covered unsolicited commercial email advertisements.
Read available section text ↗Provider email policies
Allows internet access providers to maintain restrictive email policies.
Read available section text ↗Email-address collection
Prohibits collecting addresses to initiate prohibited commercial email.
Read available section text ↗Automated address harvesting
Prohibits automated acquisition of addresses for prohibited email.
Read available section text ↗Automated account registration
Prohibits automated creation of multiple accounts for prohibited email.
Read available section text ↗Prohibited commercial email
Identifies additional prohibited message practices.
Read available section text ↗Email damages actions
Provides damages, fees, costs, and a good-practices reduction.
Read available section text ↗Roofing contractor defined
Defines contractor for the following roofing provisions.
Read available section text ↗Insurance-deductible rebate
Prohibits covered roofing contractors from rebating insurance deductibles.
Read available section text ↗Storm-damage roofing cancellation
Provides cancellation rights for covered storm-damage roofing contracts.
Read available section text ↗Organized retail crime
Defines prohibited organized retail conduct and criminal grading.
Read available section text ↗Retail-crime restitution
Requires victim restitution and governmental reimbursement.
Read available section text ↗Other charges preserved
Allows additional charges arising from the same transaction.
Read available section text ↗Aggregation
Allows aggregation of amounts in a common scheme for punishment grading.
Read available section text ↗Financial exploitation reports
Permits financial institutions to report suspected exploitation of an elder or adult with a disability.
Read available section text ↗Financial-institution cooperation
Requires cooperation with qualifying exploitation investigations and provides immunity.
Read available section text ↗