Terms used in this chapter mean:

(1) “Advertisement,” the attempt by publication, dissemination, solicitation, or circulation, whether oral, visual, written, or otherwise, and whether in person, by telephone, or by any other means, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any merchandise;

Terms Used In South Dakota Codified Laws 37-24-1

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • door to door sale: means , except as provided by §. See South Dakota Codified Laws 37-24-5.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) “Business day,” any calendar day except Sunday, or the following holidays: New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Native American Day, Veterans’ Day, Thanksgiving Day, and Christmas Day;

(3) Repealed by SL 2014, ch 191, § 2.

(4) “Documentary material,” the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, other tangible document or recording, reproductions of information stored magnetically, file lay-out, code conversion tables, computer programs to convert file to readable print-out, wherever situate;

(5) “Examination” of documentary material, the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgment in respect of any such documentary material or copy thereof;

(6) “Goods or services,” goods or services purchased, leased, or rented, including courses of instruction or training regardless of the purpose for which they are taken;

(7) “Merchandise,” any object, wares, goods, commodity, intangible, instruction, or service;

(7A) “Organized retail crime,” the theft of retail merchandise from a retail seller with the intent or purpose of reselling, distributing, or otherwise reentering the retail merchandise in commerce, including the transfer of the stolen retail merchandise to another retail seller or to any other person personally, through the mail, or through any electronic medium, including the internet, in exchange for anything of value;

(8) “Person,” a natural person or his legal representative, a partnership, a limited liability company (domestic or foreign), a corporation (domestic or foreign), a trust, an incorporated or unincorporated association, and any other legal entity;

(9) “Place of business,” the main or permanent branch office or local address of a seller;

(10) “Price comparison,” the comparison, whether or not expressed wholly or in part in dollars, cents, fractions or percentages, in any advertisement, of a seller’s current price for consumer property or services with any other price or statement of value for such property or services, whether or not such prices are actually stated in the advertisement; or, the making of price reduction claims or savings claims with respect to the seller’s current price. The term includes, but is not limited to, such comparisons as “50% off,” “Up to 70% off,” “Save 1/3,” “Half-price sale,” “30% to 70% off,” “Was $20, now half price,” “Guaranteed Lowest Prices,” “$10 value, now $8,” “Was $7, now $6,” “List Price $50, Our Price $29,” “Clearance Price,” or “Liquidation Price”;

(11) “Purchase price,” the total price paid or to be paid for the goods or services, including all interest and service charges;

(11A) “Retail merchandise,” any article, product, commodity, item, or component intended to be sold in retail commerce;

(11B) “Retail seller,” any person that is in the business of selling retail merchandise at retail;

(12) “Seller,” any person, partnership, corporation, or association engaged in the door to door sale of goods or services;

(13) “Trade” and “commerce,” the advertising, offering for sale, attempting to sell, selling, or distributing of any services, or any property, tangible or intangible, personal, or mixed, or of any other article, commodity, or thing of value wherever situate, for cash, exchange of goods or services, or on credit, and shall include any trade or commerce directly or indirectly affecting the people of this state;