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Storm contractor rules in South Dakota: deceptive acts, telemarketer written confirmation, civil penalties and the contractors' excise tax

South Dakota's deceptive practices statute applies to any sale of merchandise whether or not anyone was misled, and it ties the criminal class to the dollar amount involved. A separate chapter makes a verbal purchase by telephone invalid until the buyer signs a written confirmation. This page restates those sections as the South Dakota Legislature publishes them, read on October 9, 2026.

Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.

This page reports what the official source says. It is not legal advice: ask the office named here. The wider picture is on the storm contractor rules page. Every row is statute text. The sections read name no tree work, set no emergency price limit and set no three business day cancellation right for sales at the buyer's home. No official page on a state contractor licence, a storm price limit or a door-to-door cancellation right was found for this page on October 9, 2026, which is different from saying none exists.

The sections in one table

SectionWhat it says
SDCL 37-24-6(1), deceptive actsIt is a deceptive act or practice for any person to knowingly use a deceptive act or practice, fraud, false pretense, false promise or misrepresentation, or to conceal, suppress or omit a material fact, in connection with the sale or advertisement of merchandise, regardless of whether anyone was in fact misled, deceived or damaged
SDCL 37-24-6(2)A price reduction may be advertised only if the advertisement includes the specific basis for the claim, or the merchandise was offered at the higher price for at least seven consecutive business days during the sixty-day period before the advertisement. A person who advertises savings or price comparison claims for consumer property or services keeps reasonable records for two years from the date of sale and advertisement
SDCL 37-24-6(6)Sending a bill or invoice for unordered property or unordered service is a deceptive act or practice
SDCL 37-24-6(11)Knowingly advertising or listing on the internet or in a telephone directory a business address that misrepresents where the business is located, or that falsely states it is located in the area the directory covers, is a deceptive act or practice
SDCL 37-24-6, criminal classEach act in violation under US$1,000.00 is a Class 1 misdemeanor. Each act over US$1,000.00 but under US$100,000.00 is a Class 6 felony. Each act over US$100,000.00 is a Class 5 felony
SDCL 37-24-23, attorney generalWhere the attorney general has reason to believe a person is using, has used or is about to use an act declared unlawful by section 37-24-6, and proceedings would be in the public interest, the attorney general may bring an action for an injunction after notice served at least three days before any hearing. A prevailing attorney general may recover reasonable attorney's fees and costs
SDCL 37-24-27, civil penaltyFor an intentional violation the attorney general may recover on behalf of the state a civil penalty of not more than US$2,000.00 per violation. A violation is intentional when the party knew or should have known that the conduct violated section 37-24-6
SDCL 37-24-31, private actionA person who claims to have been adversely affected by an act declared unlawful by section 37-24-6 may bring a civil action for the recovery of actual damages
SDCL 37-30A-3, telemarketersA telemarketer may not engage in unfair or deceptive telephone solicitation, place unsolicited consumer calls to a residence before 9 a.m. or after 9 p.m. in the consumer's local time or on Sunday, harass or intimidate the person called, or misrepresent the caller's identity through caller identification
SDCL 37-30A-4, verbal agreementsA verbal agreement by a consumer to buy goods or services from a telemarketer is not valid and legally binding unless the telemarketer receives a signed written confirmation that discloses in full the terms of the sale
SDCL 37-30A-5, written confirmationThe confirmation shows the true business name, a true address and telephone number and the address where cancellation notices can be sent, a detailed description of the goods or services, all prices and fees, the date, and a duplicate copy for the consumer. In boldface of at least twelve points next to the signature space it states that the consumer is not obligated to pay unless the confirmation is signed and returned
SDCL 10-46A-1 and 10-46A-2, excise taxAn excise tax of two percent is imposed on the gross receipts of prime contractors engaged in realty improvement contracts. Prime contractors and subcontractors subject to it include those in the construction division of the 1987 Standard Industrial Classification Manual. This is a tax and not a licence

What these sections mean for storm work

The deceptive practices statute is written for merchandise sales in general, and its criminal class turns on the dollar amount of each act, which is a different design from the percentage tests used in states with storm price laws. The telemarketing chapter defines a telemarketer in section 37-30A-1 as a person who starts a sale of consumer goods or services by text, telephone, postcard or other written notice that does not fully describe the terms and asks the consumer to make contact. The enforcement sections give the attorney general an injunction route and a US$2,000.00 per violation penalty for intentional conduct. How a particular storm job fits is a question for the South Dakota Attorney General.

Related pages

For how other places treat tree work, see contractor licences for tree work. The scam warnings that attorneys general issue after storms are on the storm tree scams page.

Sources