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TITLE 37.  TRADE REGULATION
CHAPTER 37-30.  TELEPHONE SOLICITATION
S.D. Codified Laws § 37-30-24
§ 37-30-24. "Telephone solicitation" defined

For the purposes of § § 37-30-23 to 37-30-29, inclusive, a telephone solicitation is the unsolicited initiation of a telephone call to a residential telephone customer for the purpose of encouraging a person to purchase property, goods or services or soliciting donations of money, property, goods or services. Telephone solicitation does not include:

(1) Calls made in response to a request or inquiry by the called party. This includes calls regarding an item that has been purchased by the called party from the company or organization during a period not longer than twelve months prior to the telephone contact;

(2) Calls made for a not-for-profit organization to its own list of bona fide or active members of the organization;

(3) Calls limited to polling or soliciting the expression of ideas, opinions or votes;

(4) Business-to-business contacts or contacts with residential customers with whom a business or credit relationship exists; or

(5) Calls utilized for relaying messages for private purposes, including voice messaging services or message delivery services.

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