S.D. Codified Laws § 37-30A-8

Current through the 2024 Legislative Session
Section 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.

SDCL 37-30A-8

SL 1997, ch 222, § 8; SL 2003, ch 212, §1; SL 2020, ch 171, § 4.
Amended by S.L. 2020, ch. 171,s. 4, eff. 7/1/2020.