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 […]
Section 37-32-16 – Conflict with other actions.
37-32-16. Conflict with other actions. Any action arising under this chapter in no way affects any cause of action arising under other laws of this state or under the common law, whether or not the other cause of action is included within the provisions of this chapter. Source: SL 1997, ch 223, §16.
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 37-33-1 – "Promote" defined.
37-33-1.”Promote” defined. For the purposes of §§37-33-1 to 37-33-11, inclusive, the term, promote, means contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme. Source: SL 2003, ch 213, §1.
Section 37-33-2 – "Appropriate inventory repurchase program" defined–"Inventory" defined–"Commercially reasonable" defined–"Current and marketable" defined.
37-33-2.”Appropriate inventory repurchase program” defined–“Inventory” defined–“Commercially reasonable” defined–“Current and marketable” defined. For the purposes of §§37-33-1 to 37-33-11, inclusive, the term, appropriate inventory repurchase program, means a program by which a plan or operation repurchases, upon request and upon commercially reasonable terms, when the salesperson’s business relationship with the company ends, current and marketable inventory […]
Section 37-33-3 – "Pyramid promotional scheme" defined.
37-33-3.”Pyramid promotional scheme” defined. For the purposes of §§37-33-1 to 37-33-11, inclusive, the term, pyramid promotional scheme, means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and […]
Section 37-33-4 – "Compensation" defined.
37-33-4.”Compensation” defined. For the purposes of §§37-33-1 to 37-33-11, inclusive, the term, compensation, means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to participate in a pyramid promotional scheme. Source: SL 2003, ch 213, §4.
Section 37-33-5 – "Consideration" defined.
37-33-5.”Consideration” defined. For the purposes of §§37-33-1 to 37-33-11, inclusive, the term, consideration, means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort […]