South Dakota § 37-30A-1 - Definitions.

§ 37-30A-1. Definitions.

Terms used in this chapter mean:

(1)    "Consumer," an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes;

(2)    "Consumer goods or services," any tangible personal property or services, including merchandise as defined by subdivision 37-24-1(7), normally used for personal, family, or household purposes, and not for resale or for use or consumption in a trade or business;

(3)    "Consumer telephone call," a call made by a telephone solicitor or telemarketer for the purpose of soliciting a sale of any consumer goods or services to the person called, or for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes;

(4)    "Telemarketer," any person or organization who individually or through salespersons, initiates the sale, lease, or rental of consumer goods or services, or offers gifts or prizes with the intent to sell, lease, or rent consumer goods or services by text, telephonic means, or by postcard or other written notice sent through the mail in which the goods and services and all the material terms of the transaction, including price and any fees or handling, shipping, or delivery charges, are not fully described and which request that the consumer contact the seller to initiate the transaction. This term does not include any not-for-profit or charitable organization exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 as of January 1, 1997;

(5)    "Unsolicited consumer telephone communication," a consumer telephone call or text other than a communication made:

(a)    In response to an express request of the person called or texted;

(b)    Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such communication;

(c)    To any person with whom the telemarketer has an existing business relationship;

(d)    By a newspaper publisher or such publisher's agent or employee in connection with such publisher's business; or

(e)    To any person for the purpose of establishing a date and time for an appointment with a person licensed under Title 58 which will take place at a mutually agreeable physical location.

Source: SL 1997, ch 222, § 1; SL 2003, ch 212, § 2; SL 2020, ch 171, § 1.