37-24-1. Definition of terms. Terms used in this chapter mean: (1)”Advertisement,” the attempt by publication, dissemination, solicitation, or circulation, whether oral, visual, written, or otherwise, and whether in person, by telephone, or by any other means, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest […]
37-24-10. Lawful practices unaffected by chapter. Nothing in this chapter applies to acts or practices required or permitted by or in accord with laws of this state or the United States or under rules, regulations, sub-regulatory policy, or decisions interpreting the same. Source: SL 1971, ch 218, §4 (a) (2); SL 2014, ch 191, §11.
37-24-11. Advertising media exempt without knowledge of unlawfulness. Nothing in this chapter shall apply to publishers, broadcasters, printers, or other persons in so far as an unlawful act or practice as defined in §37-24-6 involves information that has been disseminated or reproduced on behalf of others without knowledge that it is an unlawful act or […]
37-24-12. Attorney general’s investigative demand for report on suspect practices. If the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by §37-24-6 or has entered into a contract with a provision that is void […]
37-24-13. Modification or setting aside of director’s investigative demand. At any time before the return date specified in an investigative demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be […]
37-24-14. Subpoena powers of attorney general–Hearings–Forms–Rules and regulations. To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred on him by this chapter, may issue subpoenas to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and, […]
37-24-15. Self-incriminating evidence required on promise of immunity. If any person refuses to answer any question or interrogatory, produce any document or otherwise comply with the written demand served upon him under §37-24-12 on the ground of the privilege against self-incrimination, the testimony, answer to interrogatories or production of documents may be compelled in accordance […]
37-24-16. Service of notice, demand, or subpoena. Service of any notice, demand, or subpoena under this chapter shall be personally served within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner: (1)Personal service thereof without the state; or (2)The mailing thereof by registered or certified mail […]
37-24-17. Judicial enforcement of notice, demand or subpoena. Any person refusing to obey such notice, demand, or subpoena, or to testify when subpoenaed, or to bring evidence required to be brought by said notice, demand, or subpoena, may be certified to the circuit court nearest to the point where the notice, demand, or subpoena requires […]
37-24-18. Information disclosed only as necessary for enforcement. Information obtained pursuant to the powers conferred by this chapter may not be made public or disclosed by the attorney general or his employees beyond the extent necessary for law enforcement purposes in the public interest. Source: SL 1971, ch 218, §11; SL 1987, ch 29, §48.
37-24-19. Acceptance of assurance of voluntary compliance authorized. In the enforcement of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice alleged to be violative of the chapter from any person who has engaged in, is engaging in, or is about to engage in such […]
37-24-2. Unordered merchandise as gift–Right to refuse–Exceptions. Unless otherwise agreed, if unordered merchandise is delivered in person or by mail or common carrier to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unordered merchandise shall be deemed an unconditional gift to […]
37-24-20. Form and contents of assurance of voluntary compliance–Approval by circuit court. Any such assurance shall be in writing and be subject to the approval of the circuit court for the county in which the alleged violator resides or has his principal place of business or the circuit court for Hughes County, South Dakota. Such […]
37-24-21. Assurance not admission–Failure to comply prima facie evidence of violation. An assurance of voluntary compliance may not be considered an admission of violation for any purpose. However, proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of this chapter, and may not be disclosed unless […]
37-24-22. Reopening of matters closed by acceptance of assurance. Matters closed by the acceptance of an assurance of voluntary compliance may at any time be reopened by the attorney general for further proceedings in the public interest, pursuant to §37-24-23. Source: SL 1971, ch 218, §9.
37-24-23. Attorney general’s action for injunction–Notice–Attorney fees. If the attorney general has reason to believe that any person is using, has used, or is about to use any act or practice declared to be unlawful by §37-24-6 and that proceedings would be in the public interest, the attorney general may bring an action in the […]
37-24-24. State’s attorneys to assist–Action by state’s attorney. It shall be the duty of state’s attorneys to render to the attorney general such assistance as the attorney general may request in the commencement and prosecution by the attorney general of actions pursuant to this chapter. The state’s attorney with prior approval of the attorney general […]
37-24-25. Venue of actions for injunction–Relief granted. An action under §37-24-23 may be brought in the circuit court for the county in which the alleged violator resides or has his place of business or in the circuit court for Hughes County, South Dakota. The said courts are authorized to issue temporary or permanent injunctions to […]
37-24-26. Civil penalty for violation of injunction. The attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars per violation from any person who violates the terms of an injunction issued under §37-24-25. Source: SL 1971, ch 218, §14 (a).
37-24-27. Civil penalty for intentional violations recovered in action for injunction. In any action brought under §37-24-23, if the court finds that a person is intentionally using or has intentionally used an act or practice declared to be unlawful by §37-24-6, the attorney general, upon petition to the court, may recover, on behalf of the […]
