South Dakota Telemarketing Fraud Laws

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?

  • 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

South Dakota Code section 37-30A-3: Telemarketing - Unreasonable Solicitor Practices

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.

Federal Laws that Govern Telemarketing

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.