It is a Class 1 misdemeanor for any manufacturer, factory, branch, distributor, or distributor-branch, or any field representative, officer, agent, or representative of any of them to coerce or attempt to coerce any dealer to purchase or accept delivery of any merchandise, repair parts for the merchandise, or any other commodity that has not been ordered by the dealer; by threatening to cancel or terminate any franchise, agency, arrangement, or agreement existing between such manufacturer, factory, branch, distributor, distributor-branch, or any field representative, officer, agent, or representative of any of them and the dealer or by any other unfair means or by duress of any kind.
S.D. Codified Laws § 37-5-1
Coercion of dealer to force unwanted purchases as misdemeanor
Applied in 2 court decisions — leading case 26 Md. App. 596 - Becker v. Crown Central Petroleum Corp. (1975)
Most recently applied in 136 F. Supp. 2d 991 - Equipment Manufacturers Institute v. Janklow (March 2001)
Source: SL 1951, ch 262, § 1; SDC Supp 1960, § 54.1103; SL 1970, ch 219, § 1; SL 1973, ch 200, § 2; SDCL Supp, § 37-5-1.1; SL 1977, ch 190, § 235; SL 1995, ch 228, § 1; SL 2004,…
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.