Any one of the following is prima facie evidence of a bait and switch plan or scheme:

1. (1) Refusing to show, display, sell, or otherwise provide the goods or services advertised in accordance with the terms of the advertisement;
2. (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. (3) Refusing to take orders for advertised goods and services or taking orders at a price greater than the advertised price;
4. (4) Showing, demonstrating, or delivering any advertised goods and services or taking orders at a price greater than the advertised price;
5. (5) Accepting a deposit for any advertised goods or services, then switching the purchaser to higher priced goods or services; or
6. (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.

Source: 18 SDR 203, effective July 1, 1992.

General Authority: SDCL 32-6B-63.

Law Implemented: SDCL 32-6B-63.