There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 58 INSURANCE
Chapter 33A. Standards For Advertisement, Solicitation, And Sale Of Life And Health Insurance
§58-33A-10 Advertisements not to be deceptive or misleading--Standard to be used in determination.
SD Codified L § 58-33A-10 (through 2011) What's This?
58-33A-10. Advertisements not to be deceptive or misleading--Standard to be used in determination. Any advertisements shall be truthful and not materially misleading in fact or by implication. The form and content of an advertisement of a policy shall be sufficiently complete and clear so as to avoid deception. No advertisement may have the capacity and tendency to materially mislead or deceive. In determining whether an advertisement has the capacity and tendency to materially mislead or deceive, the director shall make the determination from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed.
Source: SL 1999, ch 240, § 10.
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