Section 37-32-17 – Violation is Class 1 misdemeanor.
37-32-17. Violation is Class 1 misdemeanor. Any person who knowingly or intentionally violates this chapter with the intent to defraud a consumer is guilty of a Class 1 misdemeanor. Source: SL 1997, ch 223, §17.
Section 37-32-18 – Applicability of chapter.
37-32-18. Applicability of chapter. The provisions of this chapter do not apply to a transaction made by a merchant who operates an established business that has a fixed permanent location and who displays or offers consumer goods or services for sale on a continuing basis. Source: SL 1997, ch 223, §18.
Section 37-32-8 – Limitations on solicitor or sponsor.
37-32-8. Limitations on solicitor or sponsor. A solicitor or sponsor may not do any of the following: (1)Place on an envelope containing a written prize notice any representation that the person to whom the envelope is addressed has won or will receive a prize; (2)Deliver a written prize notice that contains language, or is designed […]
Section 37-32-9 – Sales presentations.
37-32-9. Sales presentations. If a prize notice requires or invites an individual to view, hear, or attend a sales presentation in order to claim a prize, the sales presentation may not begin until the solicitor does all of the following: (1)Informs the individual of the prize, if any, that has been awarded to the individual; […]
Section 37-32-10 – Prize unavailable.
37-32-10. Prize unavailable. A solicitor who represents to an individual in a written prize notice that the individual has won or will receive a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one of the […]
Section 37-32-11 – Temporary or permanent injunction for violation.
37-32-11. Temporary or permanent injunction for violation. If the attorney general or a state’s attorney, has reason to believe that any person has violated this chapter, the attorney general or state’s attorney may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of […]
Section 37-32-12 – Civil penalties for violation of injunction.
37-32-12. Civil penalties for violation of injunction. The attorney general or a state’s attorney, upon petition to the court, may recover on behalf of the state, a civil penalty of at least one hundred dollars and not more than five thousand dollars per violation from any person who violates the terms of an injunction issued […]
Section 37-32-13 – Civil penalties for intentional violation.
37-32-13. Civil penalties for intentional violation. In any action brought under §37-32-11, if the court finds that a solicitor or sponsor intentionally used an act or practice declared to be unlawful by this chapter, the attorney general or state’s attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty […]
Section 37-32-14 – Civil action by individual.
37-32-14. Civil action by individual. Any individual who claims to have been adversely affected by any act or practice declared to be unlawful by this chapter may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of such act or practice. […]
Section 37-32-15 – Venue of action.
37-32-15. Venue of action. An action under this chapter shall be tried in the circuit court for the county in which the alleged violator resides or, if the action is brought by the attorney general on behalf of the state, has its place of business, in the circuit court of the county where the victim […]