South Dakota § 37-30A-8 - Excluded transactions.

§ 37-30A-8. Excluded transactions.

The provisions of this chapter do not apply to a transaction:

(1)    Made by a merchant who operates an established business that has a fixed permanent location, who displays or offers consumer goods or services for sale on a continuing basis, and less than twenty-five percent of total new sales are made by unsolicited consumer telephone communications;

(2)    In which the business establishment making the solicitation is establishing a business-to-business relationship or has a clear, preexisting business relationship with the consumer, if that relationship resulted in the consumer becoming aware of the full name, business address, and telephone number of the establishment; or

(3)    In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalog, or other mailing material of the telemarketer that contains:

(a)    The name, address, and telephone number of the telemarketer;

(b)    A full description of the goods or services being sold along with a list of all prices or fees being requested, including any handling, shipping, sales tax, or delivery charges; and

(c)    Any limitations or restrictions that apply to the offer.

Source: SL 1997, ch 222, § 8; SL 2003, ch 212, § 1; SL 2020, ch 171, § 4.