For purposes of §§ 58-33-117 to 58-33-130, inclusive, general advertisements, direct mail and internet marketing does not constitute solicitation. Telephone marketing does not constitute solicitation if the caller explicitly and conspicuously discloses that the product concerned is life insurance and makes no statements that avoid a clear and unequivocal statement that life insurance is the subject matter of the solicitation. However, nothing in this section exempts an insurer or insurance producer from §§ 58-33-117 to 58-33-130, inclusive, in any in-person, face-to-face meeting established as a result of the solicitation exemptions identified in this section.
S.D. Codified Laws § 58-33-121
Certain advertisements and marketing exempt--Face-to-face meetings not exempt
Known as the Unauthorized Insurers False Advertising Process Act
The act spans §§ 58-33-1 to 58-33-99 (145 sections).
Source: SL 2008, ch 272, § 5.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.