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
| Section | What it says |
|---|---|
| SDCL 37-24-6(1), deceptive acts | It 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 class | Each 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 general | Where 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 penalty | For 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 action | A 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, telemarketers | A 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 agreements | A 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 confirmation | The 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 tax | An 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
- South Dakota Legislature, SDCL 37-24-6, Deceptive act or practice, read October 9, 2026
- South Dakota Legislature, SDCL 37-24-23, 37-24-27 and 37-24-31, Attorney general action, civil penalty and damages, read October 9, 2026
- South Dakota Legislature, SDCL 37-30A-3 to 37-30A-5, Telemarketer practices and written confirmation, read October 9, 2026
- South Dakota Legislature, SDCL 10-46A-1 and 10-46A-2, Contractors' excise tax, read October 9, 2026
- South Dakota Legislature, SDCL 37-24-23, Attorney general action for injunction, read October 9, 2026
- South Dakota Legislature, SDCL 37-30A-3, Prohibited telemarketer practices, read October 9, 2026
- South Dakota Legislature, SDCL 37-30A-4, Verbal agreements with a telemarketer, read October 9, 2026
- South Dakota Legislature, SDCL 37-30A-1, Telemarketer definitions, read October 9, 2026
- South Dakota Legislature, SDCL 10-46A-2, Prime contractors and subcontractors subject to the excise tax, read October 9, 2026