Chapter
01. Restraint Of Trade, Monopolies And Discriminatory Trade Practices
02. Petroleum Products
02A. Antifreeze [Repealed]
03. Dairy Industry Marketing Practices [Repealed]
04. Public Commodity Exchanges
04A. Agricultural Contracts
05. Franchises Of Dealers In Vehicles, Implements And Equipment
05A. Franchises For Brand-Name Goods And Services [Repealed]
05B. Franchise Investment
06. Trademark And Service Mark Protection
07. Labeling Of Indian Products
08. Convict-Made Goods [Repealed]
09. Fair-Trade Law [Repealed]
10. Unfair Cigarette Sales
10A. Unfair Alcoholic Beverages Sales [Transferred]
11. Registration Of Business Names
11A. Registration Of Management Consultants [Repealed]
12. Transient Merchants [Repealed]
13. Peddlers And Solicitors [Repealed]
14. Auction Sales
15. Purchases Of Precious Metals [Repealed]
16. Pawnbrokers
17. Sale Of Serially Numbered Appliances And Equipment
18. Binder Twine Labeling [Repealed]
19. Trading Stamps [Repealed]
20. Standard Weights And Measures
21. Enforcement Of Weights And Measures Standards
21A. Service Agencies For Weighing And Measuring Devices
22. Scales Maintained By Carriers, Elevators And Stockyards
22A. Vehicle Scales
23. Consumer Affairs
24. Deceptive Trade Practices And Consumer Protection
25. Multi-Level Distribution Plans [Repealed]
25A. Business Opportunities
26. Buying Clubs
27. Charitable And Professional Solicitation Of Contributions [Repealed]
28. Foreign Trade Zones
29. Uniform Trade Secrets Act
30. Telephone Solicitation
30A. Telemarketing
31. Assistive Devices
32. Sweepstake Prizes
33. Pyramid Promotional Schemes
34. Debt Adjusting
35. Firearms, Accessories, And Ammunition
36. Bad Faith Assertion Of Patent Infringement
37. Farm Machinery Lemon Law
37-1-1 to 37-1-3. Repealed.
37-1-3.1
Combinations in restraint of trade unlawful--Entities subject to prohibition.
37-1-3.2
Monopolies and attempts to monopolize unlawful.
37-1-3.3
Monopoly or restraint of trade as felony.
37-1-3.4
Labor not an article of commerce--Labor and agricultural organizations permitted.
37-1-3.5
Regulated utility services exempt.
37-1-4
Discriminating between localities in selling as unfair discrimination.
37-1-5
Discriminating between localities in buying as unfair discrimination.
37-1-6
Price differential to meet competition in buying permitted.
37-1-7
Unlawful discrimination in buying or selling as felony.
37-1-8
Fraudulent statements to affect market price as felony.
37-1-9
Repealed.
37-1-10
Criminal prosecution by state's attorney on violation--Assistance by attorney general.
37-1-11
Criminal proceedings instituted by attorney general.
37-1-11.1
Demand by attorney general to produce evidence relating to violations--Service--Contents.
37-1-11.2
Petition for enforcement of attorney general's demand--Court order--Protective
provisions.
37-1-11.3
Confidentiality of evidence produced on demand--Waiver.
37-1-11.4
Self-incriminating evidence required on promise of immunity.
37-1-12 to 37-1-14. Repealed.
37-1-14.1
Venue of actions for violation.
37-1-14.2
Actions on behalf of state for equitable relief and civil penalties--Amount of penalty.
37-1-14.3
Action by public or private party for equitable relief or damages--Treble damages.
37-1-14.4
Limitation of actions for violations.
37-1-15, 37-1-16. Repealed.
37-1-16.1
Judgment in action by state as prima facie evidence in later actions.
37-1-17
Repealed.
37-1-18
Failure to attend or produce evidence as contempt.
37-1-19
Repealed.
37-1-20
Remedies cumulative.
37-1-21
Repealed.
37-1-22
Judicial interpretations of similar statutes as guide.
37-1-23
Action by state as parens patriae--Circuit court jurisdiction--Monetary relief.
37-1-24
Treble damages and cost of suit as measure of monetary relief.
37-1-25
Exclusions in determining amount of monetary relief.
37-1-26
Proof of damages--Assessment in aggregate.
37-1-27
Notice--Manner of giving.
37-1-28
Election by injured person to exclude claim from state action for monetary relief--Notice.
37-1-29
Judgment as res judicata.
37-1-30
Dismissal or compromise--Approval of court required--Notice.
37-1-31
Distribution of award of monetary relief--Treatment as civil penalty to be deposited
in special revenue fund.
37-1-32
Attorney general's powers--Common law powers not derogated.
37-1-33
Right to sue preserved for person injured directly or indirectly--Avoidance of
duplicate liability.
CHAPTER 37-2
PETROLEUM PRODUCTS
37-2-1 Discrimination between localities in selling price as misdemeanor.
37-2-2 Price differential to meet competition permitted.
37-2-3 Difference in selling prices as prima facie evidence of violation.
37-2-4 Remedies cumulative.
37-2-5 Definitions.
37-2-6 Promulgation of rules.
37-2-7 Examination and testing specifications and methods.
37-2-8 Analyses by qualified laboratory--Distillation test methods.
37-2-9 Thorough analysis not required--Rejection of product on finding of impurity or imperfection.
37-2-10 Substitution of spurious product for trade name product prohibited.
37-2-11 Display of signs and labels for product not sold at location prohibited--Decorative signs excepted.
37-2-12 Sale of substandard gasoline or motor fuel prohibited.
37-2-13 Antiknock index for gasoline and gasoline blends to be posted.
37-2-14 37-2-14. Repealed by SL 2014, ch 189, § 1.
37-2-15 Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler.
37-2-16 Violation as misdemeanor.
37-2-17 Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier.
37-2-18 Acting as agent of another not a defense.
37-2-19 Secretary of public safety as ex officio inspector--Trafficking in petroleum products prohibited.
37-2-20 Reinspection of products--Cancellation of approval or rejection if not in compliance.
37-2-21 Powers and duties of secretary of public safety, employees, and law enforcement officers--Access to premises and records--Information furnished by carrier employees.
37-2-22 Collection and analysis of samples--Publication of results.
37-2-23 37-2-23. Repealed by SL 2006, ch 202, § 5.
37-2-24 Administrative expenses paid from tax and license collections--Allocations from collections.
37-2-25 Sale of certain petroleum products on other than gross volume basis unlawful.
37-2-26 Substantially disabled may buy attendant-dispensed gasoline at self-service price.
37-2-27 37-2-27, 37-2-28. Repealed by SL 1993, ch 298, §§ 3, 4
37-2-29 Listing different motor fuel prices for cash or credit--Violation as misdemeanor.
37-2-30 Labeling of any gasoline containing oxygenate.
37-2-31 Declaration of oxygenate for labeling purposes.
37-2-32 37-2-32. Repealed by SL 2001, ch 211, § 2
37-2-33 Sale of products containing or treated with ether prohibited--Exception--Construction.
37-2-34 Definition of terms relating to sale of renewable motor fuels.
37-2-34.1 Ethanol blender pump defined.
37-2-35 Certain contract restrictions on the sale of renewable motor fuels prohibited.
37-2-36 Reasonable indemnification and insurance policies permitted.
37-2-37 Franchisee may not be prevented from selling renewable fuels in lieu of one grade of gasoline.
37-2-38 Violation as misdemeanor.
37-2-39 Labeling of motor fuel at retail fuel pump.
37-2-40 Documentation accompanying deliveries other than retail sale.
37-2-41 Refiners, importers, and producers--Federal requirements.
37-2-42 Distributors--Federal requirements.
37-2-43 Sales to consumers--Federal requirements.
37-2-44 Minimum octane rating grades of petroleum in certain counties.
37-2-45 Minimum octane rating grades of petroleum in all other counties.
37-2-46 Liability of retail dealer in petroleum products limited under certain conditions.
37-4-1
Exchanges subject to chapter--Small-volume exchanges exempt.
37-4-2
Open membership required of exchanges--Cooperatives included.
37-4-3
Members to comply with rules, regulations, and bylaws--Fees and assessments.
37-4-4
Exchange rules controlling distribution of member profits deemed unreasonable.
37-4-5
Denial of membership by exchange as misdemeanor--Refusal to deal with member.
37-4A-1
Definition of terms.
37-4A-2
Resolution by mediation.
37-4A-3
Liability of contractor.
37-4A-4
Good faith--Damages for violation.
CHAPTER 37-5
FRANCHISES OF DEALERS IN VEHICLES, IMPLEMENTS AND EQUIPMENT
37-5-1 Coercion of dealer to force unwanted purchases as misdemeanor.
37-5-2 Coercion of dealer to control sales or force expenditures as misdemeanor.
37-5-3 Unfair cancellation of dealer franchise as misdemeanor.
37-5-4 Civil liability for damages from violation.
37-5-5 Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession.
37-5-5.5 Reimbursement for computer and signage costs incurred under requirements of wholesaler, manufacturer or distributor.
37-5-6 Contracts subject to dealer's right to recovery of costs and charges on cancellation.
37-5-7 Determination of prices to be paid to dealer on cancellation of contract.
37-5-7.1 Time for payment of costs and charges to dealer--Final statement of account.
37-5-8 Failure to pay dealer on cancellation of contract--Action by dealer--Applicability of section.
37-5-9 Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of rights by heirs.
37-5-10 Current unused complete farm implements, machinery or attachments defined.
37-5-11 Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited.
37-5-12 Waiver of law void.
37-5-12.1 Dealer defined.
37-5-12.2 Merchandise defined.
37-5-12.3 Contract defined.
37-5-12.4 Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work.
37-5-13 Definition of terms used in §§ 37-5-13 to 37-5-15.
37-5-14 Certain circumstances not cause for termination of dealership contract or entering into new dealership contract.
37-5-15 Certain terms or conditions in dealership contract or lease prohibited--Not applicable to lease or sale of real property.
37-5-16 Definitions.
37-5-17 Manufacturer of outdoor power equipment required to compensate retailer for warranty work--Amount of compensation.
37-5-18 Inapplicability of §§ 37-5-16 and 37-5-17 where only method of sales is through retailer with exclusive trade territory.
37-5-19 Civil action for violation of chapter.
37-5A-1 to 37-5A-6.
Repealed.
37-5A-7
Repealed.
37-5A-7.1, 37-5A-7.2.
Repealed.
37-5A-8, 37-5A-9.
Repealed.
37-5A-10 to 37-5A-76.
Repealed.
37-5A-77
Repealed.
37-5A-78 to 37-5A-87.
Repealed.
37-5B-1
Definitions.
37-5B-2
Jurisdiction.
37-5B-3
Offer or sale not made in state.
37-5B-4
Notice filing required.
37-5B-5
Notice filing provisions.
37-5B-6
Amendments.
37-5B-7
Updating disclosure documents.
37-5B-8
Start-up financial statements.
37-5B-9
Phase-in of financial statements.
37-5B-10
Negotiation of terms.
37-5B-11
Signed receipt.
37-5B-12
Exemptions from chapter.
37-5B-13
Exemptions from notice filing and obligations to deliver disclosure document.
37-5B-14
Exemptions from notice filing.
37-5B-15
Exemptions by director.
37-5B-16
Thresholds.
37-5B-17
Delivery of disclosure document.
37-5B-18
Time of delivery of disclosure document.
37-5B-19
Books and records.
37-5B-20
Burden of proof.
37-5B-21
Arbitration.
37-5B-22
Consent to service of process.
37-5B-23
Advertisement.
37-5B-24
Fraud--Class 4 felony.
37-5B-25
Fraud--Class 6 felony.
37-5B-26
Prohibited practices.
37-5B-27
Director approval not permitted.
37-5B-28
Administration.
37-5B-29
Promulgation of rules.
37-5B-30
Opinions.
37-5B-31
Filed documents.
37-5B-32
Records of filings and orders.
37-5B-33
Public and nonpublic records.
37-5B-34
Copies of notice filings and orders.
37-5B-35
Investigations.
37-5B-36
Request for information.
37-5B-37
Subpoena powers.
37-5B-38
Immunity.
37-5B-39
Unauthorized use of information--Misdemeanor.
37-5B-40
Cooperation with other agencies.
37-5B-41
Cease and desist orders.
37-5B-42
Order to show cause.
37-5B-43
Civil penalty.
37-5B-44
Order or request for hearing.
37-5B-45
Effect of order without hearing.
37-5B-46
Affirmance, modification, or vacation of order.
37-5B-47
Civil action by attorney general.
37-5B-48 Injunctive relief.
37-5B-49 Civil damages or rescission.
37-5B-50 Limitation of actions.
37-5B-51 Pending actions and actions based on prior conduct.
37-5B-52 Prior registrations and rulings.
37-5B-53 Prior offers and sales.
37-6-1
Definition of terms used in counterfeiting provisions.
37-6-2
Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of
goods under counterfeit mark.
37-6-3
Imitation of trade-mark as misdemeanor--Civil penalty.
37-6-4
Definition of terms used in mark registration law.
37-6-5
Application to secretary of state for registration of mark--Contents and signature of
application--Facsimile--Filing fee.
37-6-5.1
Superseded.
37-6-6
Mark containing immoral, deceptive or scandalous matter not registrable.
37-6-7
Mark disparaging or suggesting connection with persons, institutions, beliefs or
national symbols not registrable.
37-6-8
Mark using or simulating flags or governmental insignia not registrable.
37-6-9
Mark identified with living persons not registrable except by consent.
37-6-10
Deceptive and merely descriptive marks not registrable--Marks made distinctive by
previous use.
37-6-11
Mark similar to previously used marks not registrable.
37-6-12
Classification of goods and services for mark registration--Registration limited to
single class.
37-6-13
Certificate of registration issued by secretary of state--Contents.
37-6-14
Term of registration--Renewal.
37-6-15
Omitted.
37-6-16
Civil liability for damages from fraudulent mark registration.
37-6-17
Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.
37-6-18
Cancellation of registration on request or due to error or fraud.
37-6-19
Cancellation of registration on court findings.
37-6-20
Cancellation of registration on court order.
37-6-21
Cancellation of registrations not renewed.
37-6-22
Public record of registered marks.
37-6-23
Omitted.
37-6-24
Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court
jurisdiction--Damages--Destruction of counterfeits or imitations.
37-6-25
Civil action against person using counterfeit or imitation of registered mark.
37-6-26
Civil action against person counterfeiting or imitating registered mark--Knowledge
required to recover profits or damages.
37-6-27
Common-law rights in marks preserved.
37-6-28
Recording of container markings by register of deeds--Unlawful use of container
covered by recording as petty offense.
37-6-29
Use or possession of marked and registered container prima facie unlawful--Search
warrant.
37-6-30
Obliteration of registered container mark as misdemeanor.
37-6-31
Nonresidents entitled to protection of containers.
37-6-32
Civil penalty for unauthorized refilling or trafficking in registered containers.
CHAPTER 37-7
LABELING OF INDIAN PRODUCTS
37-7-1 Distribution of products as misdemeanor unless labeled as to place of manufacture.
37-7-2 Sale of mislabeled product as misdemeanor.
37-7-2.1 Sale of purported articles--Disclosure required--Specifications--Violation.
37-7-3 37-7-3. Repealed by SL 1977, ch 19, § 251.
37-7-4 Definitions.
37-10-1
Definition of terms.
37-10-2
Sale at less than cost to prevent competition unlawful--Rebates and concessions not
applicable to other merchandise.
37-10-3
Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession.
37-10-4
Sales between wholesalers permitted at less than cost--Basic cost to be charged.
37-10-5
Computation of cost to retailer--Expenses included.
37-10-6
Presumption as to cost of doing business by retailer.
37-10-7
Wholesaler's costs added when retailer purchases from manufacturer.
37-10-8
Presumption as to cost of doing business by retailer purchasing from manufacturer.
37-10-9
Computation of cost to wholesaler--Expenses included.
37-10-10
Presumption as to cost of doing business by wholesaler--Cartage costs.
37-10-11
Purchases outside ordinary trade channels not considered in determining costs.
37-10-12
Cost survey as evidence of cost to retailer or wholesaler.
37-10-13
Tie-in sale at less than value of other goods deemed rebate or concession.
37-10-14
Application of minimum price provisions to combination sales, rebates and
concessions.
37-10-15
Promotional merchandise not considered in determining cost.
37-10-16
Price reductions permitted to meet competition--Sales not in ordinary trade channels
not considered.
37-10-17
Cost survey price considered competitive price.
37-10-18
Isolated transactions exempt from chapter.
37-10-19
Damaged merchandise sales exempt from chapter--Notice to customer.
37-10-20
Clearance sales exempt from chapter--Notice to customer.
37-10-21
Liquidation sales exempt from chapter.
37-10-22
Sales by officer acting under court order exempt from chapter.
37-10-23
Sale at less than cost or offer of rebate as evidence of intent to prevent competition.
37-10-24
Evidence of fictitious price or concealment of cost bearing on good faith--Evidence
of trade usages.
37-10-25
Contracts in violation void--Recovery prohibited.
37-10-26
Promulgation of rules--Cost survey.
37-10-27
Duty to enforce chapter--Employment of personnel.
37-10-28
Powers vested in secretary available for enforcement of chapter.
37-10-29
Suspension or revocation of license under cigarette tax law.
37-10-30
Disciplinary proceedings not abated by expiration or renewal of license.
37-10-31
Procedure for suspension or revocation of license.
37-10-32
Periods of suspension of license--Revocation for persistent violations.
37-10-33
Appeal to courts from secretary of revenue.
37-10-34
Sales prohibited during suspension or revocation of license.
37-10-35
Reinstatement of revoked license.
37-10-36
Injunction proceedings to prevent violations of chapter.
37-10-37
Damages recovered in injunction proceeding.
37-10-38
Action for damages without injunction.
37-10-39
Severability of provisions--Severability from other laws.
37-10-40
Citation of chapter.
37-11-1
Filing of fictitious name statement required--Exceptions.
37-11-2
Statement filed on change in ownership of business--Fee.
37-11-2.1
Repealed.
37-11-3
Information recorded by secretary of state and register of deeds.
37-11-4
Liability of persons interested in business.
37-11-5
Filing of statements prerequisite to bringing legal action, enforcing rights, or
recovery.
37-11-6
Repealed.
37-11-7
Repealed.
37-14-1
Repealed.
37-14-2
Auction sale defined.
37-14-3
Repealed.
37-14-4
Farm sales, judicial sales and closing out sales exempt.
37-14-5
Requirements of chapter.
37-14-6 to 37-14-17. Repealed.
37-14-18
Deposit of auction receipts into separate auction proceeds account.
37-14-19
Transfer of auction receipts to client--Time limit.
37-14-20
Application of deposit and transfer requirements.
37-14-21
Time for taking possession of property after sale--Reversion of ownership of
unclaimed property--Forfeiture of payment--Exceptions.
37-16-1
Charging excessive interest as misdemeanor.
37-16-2
Sale of pledge during time for redemption as misdemeanor.
37-16-3
Conduct of business without municipal license as misdemeanor.
37-16-4
Refusal to disclose purchaser and price of article sold as misdemeanor.
37-16-5
Refusal to exhibit stolen goods as misdemeanor.
37-17-1
Sale after removal or alteration of serial number as misdemeanor or felony.
37-17-2
Manufacturer or importer permitted to renumber farm machinery or parts.
37-17-3
Farmers exempt when disposing of implements.
CHAPTER 37-20
STANDARD WEIGHTS AND MEASURES
37-20-1 Definitions.
37-20-1.1 Federally supplied weights and measures adopted as state standards.
37-20-2 Preservation and safeguarding of state standards--Record of standards--Use to test duplicate standards.
37-20-3 Reference standards, working standards, and field standards.
37-20-4 Verification and sealing of working standards and field standards.
37-20-5 Working standards used to test weighing and measuring devices.
37-20-6 37-20-6 to 37-20-30. Repealed by SL 1977, ch 190, § 279
37-20-31 Marking false weight on container as misdemeanor.
37-20-32 Placing foreign substance in package to increase weight as misdemeanor.
37-20-33 Metric measures not prohibited.
37-20-34 Promulgation of rules.
CHAPTER 37-21
ENFORCEMENT OF WEIGHTS AND MEASURES STANDARDS
37-21-1 Definitions.
37-21-1.1 37-21-1.1. Repealed by SL 2016, ch 183, § 21.
37-21-1.2 General supervision by department.
37-21-2 Secretary as inspector and sealer--Enforcement of standards--Powers and duties of department personnel.
37-21-3 37-21-3. Repealed by SL 2006, ch 187, § 9.
37-21-4 37-21-4. Repealed by SL 1985, ch 283, § 25
37-21-5 Regulations for enforcement of standards.
37-21-6 Specifications and tolerances included in regulations--Purpose--Conformity with national code.
37-21-7 Conforming weights, measures, and devices deemed correct.
37-21-8 37-21-8. Repealed by SL 2006, ch 187, § 10.
37-21-9 Inspection and testing of weights, measures, and devices.
37-21-9.1 Fees for inspection and testing.
37-21-10 Investigation upon complaint.
37-21-11 37-21-11. Repealed by SL 2006, ch 187, § 11.
37-21-12 Impersonation of secretary or department employee as misdemeanor.
37-21-13 Sealing and marking of weights, measures and devices found correct.
37-21-14 Seizure and destruction of incorrect weights, measures and devices--Tagging for repairs--Confiscation on failure to repair.
37-21-15 Inspection of packages or commodities offered for sale.
37-21-16 Access to premises and stopping of vendors or dealers for testing purposes.
37-21-17 37-21-17. Repealed by SL 1977, ch 190, § 288
37-21-18 Prohibited acts--Misdemeanor.
37-21-19 37-21-19. Repealed by SL 1977, ch 190, § 290
37-21-20 37-21-20. Repealed by SL 2006, ch 187, § 15.
37-21-21 Assistance of law enforcement--Prosecution of violations.
37-21A-1
Definition of terms.
37-21A-2
Application for registration to service weighing or measuring devices--Evidence of
qualifications.
37-21A-3
Annual registration fees--Time of payment.
37-21A-4
Issuance of certificate of registration--Assigned number--Duration of certificate.
37-21A-5
Registrant's removal of tags and placement of devices in service before official
examination.
37-21A-6
Forms for reporting devices placed in service by agency--Distribution of copies of
report.
37-21A-7
Examination and certification of standards and equipment used by service agencies--Use of uncertified equipment prohibited--Fees.
37-21A-8
Denial, suspension, or revocation of certificate of registration.
37-21A-9
Repealed.
37-21A-10
Interstate agreements for reciprocal recognition of certification.
37-21A-11
Rules and regulations.
CHAPTER 37-22
SCALES MAINTAINED BY CARRIERS, ELEVATORS AND STOCKYARDS
37-22-1 Scales under supervision of department and subject to inspection.
37-22-1.1 37-22-1.1. Repealed by SL 2016, ch 183, § 42.
37-22-1.2 Definitions.
37-22-2 37-22-2. Repealed by SL 1986, ch 22, § 12
37-22-3 Installation, inspection, testing, and correction of scales--Promulgation of rules.
37-22-4 Department jurisdiction exclusive.
37-22-5 Appointment of inspectors.
37-22-6 37-22-6. Repealed by SL 2006, ch 187, § 26.
37-22-7 Department facilities and equipment.
37-22-8 37-22-8. Repealed by SL 2006, ch 187, § 27.
37-22-9 Entry on premises and testing of scales.
37-22-10 Inspection and testing fees.
37-22-11 37-22-11. Repealed by omission from SL 1969, ch 283
37-22-12 Hourly charges for requested testing outside regular route.
37-22-13 Tagging of inaccurate scales--Removal of tag as misdemeanor--Repair, retesting, and use of scales.
37-22-14 37-22-14. Repealed by SL 1992, ch 277, § 7
37-22-15 37-22-15. Repealed by SL 1978, ch 279, § 4
37-22-16 Deposit of money collected.
37-22-17 Prohibited acts--Misdemeanor.
37-22-18 Variance from rules or specifications governing scale--Promulgation of rules.
37-22A-1
Definitions.
37-22A-1.1
Ticket printer required on scales used in commercial trade.
37-22A-2
Exemption of scales previously in use.
37-22A-3
Contents and form of scale tickets--Distribution of copies.
37-22A-4
Correction of errors in scale tickets.
37-22A-5
Administration and enforcement of chapter.
37-23-1
Superseded.
37-23-1.1
Repealed.
37-23-2
Superseded.
37-23-3
Repealed.
37-23-4
Powers and duties of attorney general.
37-23-4.1
Repealed.
37-23-5
Cooperation of state agencies.
37-23-6
Injunctive procedures by attorney general.
CHAPTER 37-24
DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION
37-24-1 Definition of terms.
37-24-2 Unordered merchandise as gift--Right to refuse--Exceptions.
37-24-3 37-24-3 to 37-24-5. Repealed by SL 1975, ch 244, § 9
37-24-5.1 "Door to door sale" defined.
37-24-5.2 Transactions not considered door to door sales.
37-24-5.3 Door to door seller's failure to inform buyer of right to cancel.
37-24-5.4 Cancellation notice form to be furnished and filled in by door to door seller.
37-24-5.5 Deceptive to include confession of judgment or waiver of rights in door to door sale.
37-24-5.6 Deceptive to fail to honor notice of cancellation of door to door sale--Notice of intent to repossess or abandon delivered goods.
37-24-5.7 Criteria for compliance of door to door sales with notice requirements.
37-24-6 Deceptive act or practice--Violation as misdemeanor or felony.
37-24-6.1 Electronic cash registers required to display transactions and issue receipts--Violation as petty offense.
37-24-6.2 Advertisement at regular price not prohibited.
37-24-7 Other remedies unimpaired by definition of deceptive practices--Actions under chapter restricted.
37-24-8 Prima facie knowledge of deceptive practice--Civil relief unaffected.
37-24-9 37-24-9. Repealed by SL 1983, ch 277, § 2
37-24-10 Lawful practices unaffected by chapter.
37-24-11 Advertising media exempt without knowledge of unlawfulness.
37-24-12 Attorney general's investigative demand for report on suspect practices.
37-24-13 Modification or setting aside of director's investigative demand.
37-24-14 Subpoena powers of attorney general--Hearings--Forms--Rules and regulations.
37-24-15 Self-incriminating evidence required on promise of immunity.
37-24-16 Service of notice, demand, or subpoena.
37-24-17 Judicial enforcement of notice, demand or subpoena.
37-24-18 Information disclosed only as necessary for enforcement.
37-24-19 Acceptance of assurance of voluntary compliance authorized.
37-24-20 Form and contents of assurance of voluntary compliance--Approval by circuit court.
37-24-21 Assurance not admission--Failure to comply prima facie evidence of violation.
37-24-22 Reopening of matters closed by acceptance of assurance.
37-24-23 Attorney general's action for injunction--Notice--Attorney fees.
37-24-24 State's attorneys to assist--Action by state's attorney.
37-24-25 Venue of actions for injunction--Relief granted.
37-24-26 Civil penalty for violation of injunction.
37-24-27 Civil penalty for intentional violations recovered in action for injunction.
37-24-28 Jurisdiction retained by court issuing injunction.
37-24-29 Additional judicial relief from unlawful practices--Appointment of receiver.
37-24-30 Powers of receiver.
37-24-31 Action for damages brought by person adversely affected.
37-24-32 Other private remedies unaffected.
37-24-33 Limitation of actions.
37-24-34 Chapter not retroactive.
37-24-35 Severability of provisions.
37-24-36 37-24-36 to 37-24-40. Repealed by SL 2007, ch 226, §§ 9 to 13.
37-24-41 Definitions.
37-24-42 Unsolicited commercial e-mail advertisements restricted.
37-24-43 Internet access service provider policy restricting e-mail permitted.
37-24-44 Collection of e-mail addresses to initiate unsolicited commercial e-mail advertisements prohibited.
37-24-45 Obtaining e-mail addresses by automated means to initiate unsolicited commercial e-mail advertisements prohibited.
37-24-46 Use of automated means to register multiple e-mail accounts from which to initiate unsolicited commercial e-mail advertisements prohibited.
37-24-47 Prohibited commercial e-mail advertisements.
37-24-48 Actions for damages--Attorney's fees and costs--Reduction of damages under certain circumstances.
37-24-49 Contractor defined for §§ 37-24-50 and 37-24-51.
37-24-50 Contractor rebate of insurance deductible prohibited.
37-24-51 Cancellation of storm damage roofing repair contract.
37-24-52 Organized retail crime--Each act a misdemeanor or felony.
37-24-53 Restitution and reimbursement for organized retail crime.
37-24-54 Defenses.
37-24-55 Charges not prohibited by chapter.
37-24-56 Aggregating amount involved to determine degree of punishment.
37-24-57 Report by financial institution of exploitation of elder or adult with disability.
37-24-58 Cooperation of financial institution with investigation of abuse, neglect, or exploitation of elder or adult with disability.
37-25A-1
Definitions.
37-25A-2
Exclusions from definition of business opportunity.
37-25A-3
Exemptions.
37-25A-4
Revocation or denial of exemption--Procedure.
37-25A-5
Revocation or denial of exemption without hearing pending final determination--Notice--Request for hearing.
37-25A-6
Offer or sale without knowledge of order revoking or denying exemption.
37-25A-7
Offer or sale of opportunity not registered or exempt prohibited.
37-25A-8
Filings required to register opportunity.
37-25A-9
Appointment of director as agent for service of process--Procedure for service
through director.
37-25A-10
Fee for registration.
37-25A-11
Effective date of registration.
37-25A-12
Term of registration--Renewal statement and fee--Sales report.
37-25A-13
Rule requiring filing of advertising and literature authorized.
37-25A-14
Delivery of written disclosure document to purchaser required.
37-25A-15
Form and content of disclosure statement.
37-25A-16
Business opportunity contract to be written--Copy to purchaser.
37-25A-17
Required contract provisions.
37-25A-18
Denial, revocation, or suspension of registration--Grounds.
37-25A-19
Limitation of revocation, suspension, or denial proceeding.
37-25A-20
Summary suspension or postponement of effectiveness of registration--Notice--Hearing--Modification.
37-25A-21
Prerequisites to entry of stop order.
37-25A-22
Vacation or modification of orders--Grounds.
37-25A-23
Net worth or bond requirements for use of income, refund, or repurchase
representations.
37-25A-24
Period bond required--Notice required prior to lapse.
37-25A-25
Use or disclosure of information by director restricted.
37-25A-26
Investigatory powers of director--Publication of information concerning violations.
37-25A-27
Administration of oaths--Subpoena power--Taking evidence.
37-25A-28
Enforcement of subpoena.
37-25A-29
Privilege against self-incrimination not excusing witness--Prosecution of witness
restricted.
37-25A-30
Cease and desist orders--Injunction actions--Reference of evidence for prosecution.
37-25A-31
Appeal of director's order.
37-25A-32
Promulgation of rules and forms.
37-25A-33
Findings required for adoption or change of rules--Cooperation with other
jurisdictions.
37-25A-34
Liability not imposed on acts conforming to rule, form or order.
37-25A-35
Receipt by director as filing--Records maintained--Public inspection.
37-25A-36
Interpretive opinions by director--Fee.
37-25A-37
Sales and offers subject to chapter.
37-25A-38
Offers to sell made in this state.
37-25A-39
Offers to sell accepted in this state.
37-25A-40
Offers to sell not made in this state.
37-25A-41
Conduct constituting appointment of director as attorney for service of process.
37-25A-42 Continuances where process served under chapter.
37-25A-43 Fraud, deceit, and misleading statements and omissions prohibited in connection with offer or sale.
37-25A-44 False or misleading statements or omissions in proceedings or filings prohibited.
37-25A-45 Filing and registration not constituting finding of truthfulness or approval--Contrary representations prohibited.
37-25A-46 Advertising with misleading statements or omissions prohibited.
37-25A-47 Violations as felonies--Separate offenses.
37-25A-48 Civil liability for registration violations.
37-25A-49 Civil liability for representation violations.
37-25A-50 Action on bond.
37-25A-51 Liability of person aiding or controlling violator.
37-25A-52 Limitation of actions to enforce civil liability.
37-25A-53 Rights and remedies under chapter additional.
37-25A-54 Waiver of rights void.
37-25A-55 Civil penalty.
37-26-1
Definition of terms.
37-26-2
Fraudulent offer or sale of membership as felony.
37-26-3
Bond required of buying club--Amount.
37-26-4
Loss covered by bond--Filing and approval of bond--Action on bond.
37-26-5
Liability of surety limited to amount of bond.
37-26-6
Exemption from bond requirements of clubs not receiving prepayment--Declaration
filed.
37-26-7
Violation of chapter as felony.
37-26-8
Punishment under other criminal laws not prevented by chapter.
37-26-9
Consumer protection avoidance period provisions applied.
37-26-10
Civil action for damages from violation of chapter--Equitable relief.
37-26-11
Attorney general's action for injunctive relief--Recovery of penalty for state--Maximum amount--Receivership--Disposition of civil penalties.
37-28-1
Definitions.
37-28-2
Application to establish foreign trade zone.
37-29-1
Definitions.
37-29-2
Injunctive relief.
37-29-3
Damages.
37-29-4
Attorney's fees.
37-29-5
Preservation of secrecy.
37-29-6
Statute of limitations.
37-29-7
Effect on other law.
37-29-8
Uniformity of application and construction.
37-29-9
Short title.
37-29-10
Reserved.
37-29-11
Time of taking effect.
CHAPTER 37-30
TELEPHONE SOLICITATION
37-30-1 Definition of terms.
37-30-2 Sale of items associated with charity as solicitation--Includes offer or attempt to sell.
37-30-3 Solicitor to register with attorney general--Registration periods--Information to be provided by solicitor--Failure to register as misdemeanor.
37-30-4 Attorney general's approval of application required prior to solicitation--Period for review--Basis for denial of registration.
37-30-5 Applicant must file bond--Requirements as to bond--Failure to provide bond as misdemeanor.
37-30-6 Solicitation notice--Form and contents--Failure to comply as misdemeanor.
37-30-7 Contract between solicitor and charitable organization--Requirements--Failure to comply as misdemeanor.
37-30-8 Solicitor required to have written consent before permitted to use name of charitable organization--Failure to comply as misdemeanor.
37-30-9 Solicitor required to have written commitment where charitable organization agrees to accept donated tickets to an event--Failure to comply as misdemeanor.
37-30-10 Employee of paid solicitor--Requirements.
37-30-11 Solicitor required to file financial report--Time period--Form and contents--Failure to file reports as misdemeanor.
37-30-12 Solicitor required to maintain records--Time periods--Contents of records--Failure to keep records as misdemeanor.
37-30-13 Where solicitor sells tickets to an event--Record keeping requirements--Contents of records--Failure to comply as misdemeanor.
37-30-14 All funds to be deposited in bank account--Charitable organization to have sole or joint control--Failure to comply as misdemeanor.
37-30-15 Solicitor required to make written report as to material changes in filed information--Time requirements--Failure to comply as misdemeanor.
37-30-16 Prior conviction of felony or certain misdemeanors precludes operation as solicitor.
37-30-17 Misdemeanors involving knowing misrepresentations and false, misleading or unauthorized solicitation practices--Use of unregistered paid solicitor as misdemeanor.
37-30-18 Investigate by attorney general--Powers.
37-30-19 Power of attorney general to compel testimony--Use of such testimony in criminal proceedings prohibited--Exceptions.
37-30-20 Power of attorney general to deny, suspend or revoke registration of paid solicitor.
37-30-21 Power of attorney general to bring action for injunction--Restraint of violations.
37-30-22 Documents required to be filed--Status as public records--Exceptions.
37-30-23 "Automatic telephone dialing system" defined.
37-30-24 "Telephone solicitation" defined.
37-30-25 Registration as to intended use of automatic telephone dialing system--Failure to comply as misdemeanor.
37-30-26 Required contents of message--Failure to comply as misdemeanor.
37-30-27 Forbidden uses of automatic telephone dialing system--Failure to comply as misdemeanor.
37-30-28 Permissible hours as to use of automated telephone dialing system--Disconnection requirements--Failure to comply as misdemeanor.
37-30-29 Registrant responsible for automatic dialer requirements.
CHAPTER 37-30A
TELEMARKETING
37-30A-1 Definitions.
37-30A-2 Required disclosures.
37-30A-3 Unreasonable telemarketer practices.
37-30A-4 Written confirmation of verbal agreement required.
37-30A-5 Contents of written confirmation.
37-30A-6 Terms of liability for goods or services.
37-30A-7 Right of cancellation for consumer.
37-30A-8 Excluded transactions.
37-30A-9 37-30A-9. Repealed by SL 1999, ch 227, § 10
37-30A-10 Additional excluded transactions.
37-30A-11 Return of goods within refund period--Duties of telemarketer who has received notice to cancel from consumer.
37-30A-12 Location of sale.
37-30A-13 Willful violation.
37-30A-14 Civil action permitted for willful violation.
37-30A-15 Other actions not affected.
37-30A-16 Violation as misdemeanor.
37-30A-17 Telemarketer must prove exemption.
37-31-1
Definition of terms.
37-31-2
Manufacturer's warranty--Duration.
37-31-3
Repair of nonconforming devices--Reimbursement by manufacturer--Failure to
repair.
37-31-4
Return of nonconforming device for replacement or refund.
37-31-5
Refund for leased nonconforming assistive device--Transfer of possession of device.
37-31-6
No enforcement of lease following refund to consumer.
37-31-7
Other rights and remedies of consumer--Action for damages--Award.
37-31-8
Restrictions on resale or lease of returned devices.
37-31-9
Liability of dealer or lessor.
37-32-1
Definition of terms.
37-32-2
Payment not allowed as requirement to receive written prize notice.
37-32-3
Written prize notice--Contents.
37-32-4
Retail value and statement of odds.
37-32-5
Statement of shipping and handling fees.
37-32-6
Location and size of information in notice.
37-32-7
Name of sponsor on notice.
37-32-8
Limitations on solicitor or sponsor.
37-32-9
Sales presentations.
37-32-10
Prize unavailable.
37-32-11
Temporary or permanent injunction for violation.
37-32-12
Civil penalties for violation of injunction.
37-32-13
Civil penalties for intentional violation.
37-32-14
Civil action by individual.
37-32-15
Venue of action.
37-32-16
Conflict with other actions.
37-32-17
Violation is Class 1 misdemeanor.
37-32-18
Applicability of chapter.
37-33-1
"Promote" defined.
37-33-2
"Appropriate inventory repurchase program" defined--"Inventory" defined--"Commercially reasonable" defined--"Current and marketable" defined.
37-33-3
"Pyramid promotional scheme" defined.
37-33-4
"Compensation" defined.
37-33-5
"Consideration" defined.
37-33-6
"Inventory loading" defined.
37-33-7
Pyramid promotional schemes prohibited--Operation of scheme a felony--Participation in scheme a misdemeanor.
37-33-8
Certain plans not defined as pyramid promotional schemes.
37-33-9
Attorney general may proceed against pyramid promotional schemes.
37-33-10
Civil proceedings by attorney general--Entry of orders--Injunctions--Hearings--Penalties--Payment of costs.
37-33-11
Burden of proof.
37-34-1
Debt adjusting defined.
37-34-2
Debt adjusting--Misdemeanor.
37-34-3
Exceptions.
37-35-1
Definition of terms.
37-35-2
Firearms, firearm accessories, and ammunition manufactured and retained in state
declared exempt from federal regulation.
37-35-3
Application of § 37-35-2.
37-35-4
Made in South Dakota stamp required.
37-35-5
Application of chapter.
37-36-1
Definitions.
37-36-2
Bad faith assertion of patent infringement prohibited.
37-36-3
Factors for bad faith assertion of infringement.
37-36-4
Factors for claim of patent infringement not made in bad faith.
37-36-5
Bond.
37-36-6
Action by attorney general.
37-36-7
Action by person aggrieved--Available remedies.
37-36-8
Patent enforcement not a deceptive trade act or practice.
37-36-9
Exempt demand letters.
37-37-1
Definitions.
37-37-2
Manufacturer to repair nonconforming condition of new farm machinery upon notice
from consumer.
37-37-3
Replacement of farm machinery which cannot be repaired--Return of farm machinery
and refund.
37-37-4
Refund to be made to consumer and any lien holders--Allowance for use.
37-37-5
Presumption of reasonable attempts to correct nonconforming condition.
37-37-6
Civil action to enforce chapter--Notice and final opportunity to cure.
37-37-7
Affirmative defenses to civil action.
37-37-8
Attorney fees.
37-37-9
Disclosure to subsequent purchaser of return of farm machinery and nature of
nonconformity.
37-37-10
Farm machinery dealer not liable.
37-37-11
Time limitation for action.
