South Dakota Administrative Rules
Title 61 - Department of Public Safety
Article 61:24 - VEHICLE DEALER LICENSING
Chapter 61:24:07 - Incentive advertising
Section 61:24:07:07 - Bait and switch plans
Current through Register Vol. 51, page 43, September 23, 2024
Any one of the following is prima facie evidence of a bait and switch plan or scheme:
(1)Refusing to show, display, sell, or otherwise provide the goods or services advertised in accordance with the terms of the advertisement;
(2)Disparaging by act or word the advertised goods or services; the warranty; the credit terms; the availability of service, repairs, or parts; or anything which in any other respect is a material fact connected with the sale of the advertised goods and services;
(3)Refusing to take orders for advertised goods and services or taking orders at a price greater than the advertised price;
(4)Showing, demonstrating, or delivering any advertised goods and services or taking orders at a price greater than the advertised price;
(5)Accepting a deposit for any advertised goods or services, then switching the purchaser to higher priced goods or services; or
(6)Failing to deliver the advertised goods and services within the promised delivery period unless the failure is caused by reasons beyond the control of the dealer.
General Authority: SDCL 32-6B-63.
Law Implemented: SDCL 32-6B-63.