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 enter into any agreement with the manufacturer, factory, branch, distributor, or distributor-branch, or any field representative, officer, agent, or representative of any of them, or to assign, sell, or dispose of any contract or property in any way, or to expend any money or do any other act unfair to such 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 § 37-5-2
Coercion of dealer to control sales or force expenditures as misdemeanor
Applied in 2 court decisions — leading case Taylor Equipment, Inc. v. John Deere Co. (1996)
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, § 2; SL 1973, ch 200, § 2; SDCL Supp, § 37-5-1.1; SL 1977, ch 190, § 236; SL 1995, ch 228, § 2; 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.