S.D. Codified Laws § 37-30A-8
§ 37-30A-8. Excluded transactions
The provisions of this chapter do not apply to a transaction:
(1)
Made by a merchant who operates an established business that has a fixed permanent location, who
displays or offers consumer goods or services for sale on a continuing basis, and less than twenty-five
percent of total new sales are made by unsolicited consumer telephone calls;
(2)
In which the business establishment making the solicitation is establishing a business-to-business
relationship or has a clear, preexisting business relationship with the consumer, if that relationship
resulted in the consumer becoming aware of the full name, business address, and telephone number of the
establishment; or
(3)
In which the consumer purchases goods or services pursuant to an examination of a television, radio, or
print advertisement or a sample, brochure, catalog, or other mailing material of the telemarketer that
contains:
(a)
The name, address, and telephone number of the telemarketer;
(b)
A full description of the goods or services being sold along with a list of all prices or fees being
requested, including any handling, shipping, sales tax, or delivery charges; and
(c)
Any limitations or restrictions that apply to the offer.
