South Dakota § 37-30-24 - "Telephone solicitation" defined.

§ 37-30-24. "Telephone solicitation" defined.

For the purposes of §§ 37-30-23 to 37-30-29, inclusive, a telephone solicitation is the unsolicited initiation of a telephone call to a residential telephone customer for the purpose of encouraging a person to purchase property, goods, or services or soliciting donations of money, property, goods, or services. Telephone solicitation does not include:

(1)    Calls made in response to a request or inquiry by the called party. This includes calls regarding an item that has been purchased by the called party from the company or organization during a period not longer than twelve months prior to the telephone contact;

(2)    Calls made for a not-for-profit organization to its own list of bona fide or active members of the organization;

(3)    Calls limited to polling or soliciting the expression of ideas, opinions or votes;

(4)    Business-to-business contacts or contacts with residential customers with whom a business or credit relationship exists; or

(5)    Calls utilized for relaying messages for private purposes, including voice messaging services or message delivery services.

Source: SL 1991, ch 322, § 2.