South Dakota Telemarketing Fraud Laws

Code Section

What's Prohibited?

• Knowingly misrepresenting the purpose or beneficiary of a solicitation
• Knowingly misrepresenting the purpose or nature of a charitable organization
• Using or exploiting the facts of registration so as to lead the public to believe that such registration constitutes an endorsement or approval by the state
• Knowingly misrepresenting that any person sponsors or endorses a solicitation
• Using the name of a charitable organization, or to display any emblem, device, or printed material belonging to or associated with another charitable organization without the express permission of that organization
• Charitable organizations that use a name that is the same as or confusingly similar to the name of another charitable organization, unless the latter organization consents in writing to its use
• Knowingly making any false or misleading statement on any required telemarketing document, or
• Using the services of an unregistered paid solicitor

Code Section

What's Prohibited?

• Engaging in unfair or deceptive telephone solicitation
• Placing unsolicited consumer telephone calls to any residence before 9 a.m. or after 9 p.m. or placing an unsolicited consumer telephone call on Sunday, or
• Engaging in any conduct which harasses, intimidates, or torments any person in connection with the telephone call

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.