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 ull 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.
South Dakota Legal Code