South Dakota

• Pages: 535-541

535

CHAPTER 43

SOUTH DAKOTA

A. Scope of the Statute and Elements of a Cause of Action

The South Dakota Deceptive Trade Practices and Consumer

Protection Law1 covers a wide range of deceptive conduct. The statute

contains a general prohibition declaring it unlawful for any person to

“[k]nowingly act, use, or employ any deceptive act or practice, fraud, false

pretense, false promises, or misrepresentation or to conceal, suppress, or

omit any material fact in connection with the sale or advertisement of any

merchandise, regardless of whether any person has in fact been misled,

deceived, or damaged thereby.”2 The term “merchandise” has been

defined to mean “any object, wares, goods, commodity, intangible,

instruction, or service.”3

In addition to this general prohibition, the statute declares a number of

practices to be unlawful, including specific provisions governing

advertisements,4 pyramid sales schemes,5 unordered property or services,6

hotel and lodging fees,7 prescription drug discount cards,8 the duration of

lotteries,9 and telephone solicitation.10 It also protects recipients of

unsolicited commercial email advertisements,11 requires electronic cash

registers to provide each customer with a receipt for every transaction, and

requires the cash register to display the transaction so that it is visible to

the customer.12 For example, section 37-24-6(10) makes it a deceptive act

or practice to “[r]equire money in advance of arrival or a handling fee in

the event of cancellation of any hotel, motel, campsite, or other lodging

accommodation unless the innkeeper has a written policy or separate

1. S.D. CODIFIED LAWS §§ 37-24-1 through 37-24-58.

2. Id. § 37-24-6(1).

3. Id. § 37-24-1(7).

4. Id. §§ 37-24-6(2), (3), (7), (11), (12).

5. Id. § 37-24-6(5).

6. Id. § 37-25-6(6).

7. Id. §§ 37-24-6(7)–(10), (15).

8. Id. § 37-24-6(12).

9. Id. § 37-24-6(14).

10. Id. § 37-24-6(16).

11. Id. §§ 37-24-6(13), 37-24-42 through 37-24-48. Section 37-24-48 provides

for recovery under §§ 37-24-42 through 37-24-47. Id. § 37-24-48.

12. Id. § 37-24-6.1.