South Dakota Telemarketing Fraud Laws
Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
Telemarketing fraud is a type of fraud that occurs when a misrepresentation is intentionally made during a phone call. Generally, telemarketing fraud follows a predictable pattern where an unsolicited phone call and misrepresentation is made in order to trick the victim into providing their credit card or identifying information. The charts below outline South Dakota's main telemarketing fraud laws and prohibited solicitor practices.
Code Section |
South Dakota Code section 37-30-17: Knowing Misrepresentations and False, Misleading, or Unauthorized Solicitation Practices |
What's Prohibited? |
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Code Section |
South Dakota Code section 37-30A-3: Telemarketing - Unreasonable Solicitor Practices |
What's Prohibited? |
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Penalties |
A willful violation of this chapter is an unfair or deceptive trade practice and is subject to. Any person who knowingly or intentionally violates this chapter with the intent to defraud a consumer is guilty of a Class 1 misdemeanor. Any consumer who claims to have been adversely affected by any illegal telemarketing act or practice can bring a civil action for the recovery of twice the actual damages suffered or $500 (whichever is greater). The consumer may also be awarded court costs and attorney fees. |
Federal Laws that Govern Telemarketing
- The FTC's Telephone Sales Rule
- The FCC's Telephone Consumer Protection Act
- The Federal Trade Commission act
Additional Resources
State laws change frequently. For case specific information regarding South Dakota's telemarketing fraud laws contact a local criminal defense lawyer or consumer protection attorney.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.