South Dakota Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

South Dakota regulates telemarketing through three bodies of law. First, the telemarketing chapter, South Dakota Codified Laws (SDCL) chapter 37-30A, sets calling hours (9 a.m. to 9 p.m., no Sundays), requires caller ID and identity disclosures, requires the caller to ask within thirty seconds whether the consumer wants to hear a sales presentation, and requires a signed written confirmation before a telephone sale is binding. Willful violations support a private action for twice actual damages or $500, whichever is greater, plus fees. Second, the do-not-call provisions in the telecommunications chapter, SDCL §§ 49-31-99 to 49-31-108, prohibit unsolicited calls to numbers on the state register, which the South Dakota Public Utilities Commission (PUC) has designated as the South Dakota portion of the National Do Not Call Registry, and require telephone solicitors to pay an annual fee of up to $500 to the PUC. Those provisions are enforced by PUC civil fines of up to $5,000 per offense. Third, the Deceptive Trade Practices and Consumer Protection Act, SDCL chapter 37-24, makes caller ID spoofing in a telephone solicitation a deceptive act (§ 37-24-6(16)), and a separate criminal provision, § 49-31-31(5), punishes caller ID spoofing with intent to defraud or using another person's identity without permission.

South Dakota has no automatic dialing or prerecorded message statute. Its definitions reach texts ("text, telephonic means" in the definition of telemarketer, and "a consumer telephone call or text" in the definition of unsolicited communication) after 2020 amendments.

Key statutes and regulations

Detailed provisions

1. Definitions and scope of the telemarketing chapter

Telemarketer. Section 37-30A-1(4) defines "Telemarketer" as "any person or organization who individually or through salespersons, initiates the sale, lease, or rental of consumer goods or services, or offers gifts or prizes with the intent to sell, lease, or rent consumer goods or services by text, telephonic means, or by postcard or other written notice sent through the mail in which the goods and services and all the material terms of the transaction, including price and any fees or handling, shipping, or delivery charges, are not fully described and which request that the consumer contact the seller to initiate the transaction." The term excludes 501(c)(3) organizations.

Consumer telephone call. A "Consumer telephone call" is "a call made by a telephone solicitor or telemarketer for the purpose of soliciting a sale of any consumer goods or services to the person called, or for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes" (§ 37-30A-1(3)). "Consumer goods or services" are those "normally used for personal, family, or household purposes, and not for resale or for use or consumption in a trade or business" (§ 37-30A-1(2)).

Unsolicited consumer telephone communication. Most conduct rules apply only to an "Unsolicited consumer telephone communication," defined as "a consumer telephone call or text other than a communication made: (a) In response to an express request of the person called or texted; (b) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such communication; (c) To any person with whom the telemarketer has an existing business relationship; (d) By a newspaper publisher or such publisher's agent or employee in connection with such publisher's business; or (e) To any person for the purpose of establishing a date and time for an appointment with a person licensed under Title 58 which will take place at a mutually agreeable physical location" (§ 37-30A-1(5)). Title 58 is the Insurance Code. The chapter does not define "existing business relationship."

Location of sale. "For the purposes of enforcement of this chapter, any telemarketing sale is considered to have taken place in the state where the consumer is located, regardless of the location of the telemarketer." (§ 37-30A-12.)

2. Registration and fees

South Dakota does not license telemarketers or require a bond, but it does require telephone solicitors to pay an annual fee and file information with the PUC. "Any telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall pay to the commission an annual fee of not more than five hundred dollars." (§ 49-31-105.)

By rule, the fee scales with headcount: "(1) Any company employing 5 or less employees or agents : $0.00; (2) Any company employing 6 to 49 employees or agents : $50.00; (3) Any company employing 50 to 100 employees or agents : $100.00; (4) Any company employing 101 to 249 employees or agents : $200.00; (5) Any company employing 250 to 499 employees or agents : $300.00; (6) Any company employing 500 to 999 employees or agents : $400.00; (7) Any company employing over 1,000 employees or agents : $500.00." "The annual fee is valid for one calendar year beginning October 1. The fee shall be renewed annually by October 1 of each subsequent year." (ARSD 20:10:35:08.) "The annual fee is due before any telephone solicitor may place an unsolicited telephone call to any South Dakota residential telephone subscriber." (ARSD 20:10:35:09.)

The filing must include "the solicitor's name, address, telephone number, fax number, federal tax identification number (FEIN), the number of employees as listed in § 20:10:35:08, the electronic mail address of a contact person for the company, partnership or individual planning to place unsolicited telephone calls in this state, and the name and address of the telephone solicitor's registered agent for service of process located in this state." (ARSD 20:10:35:10.) The PUC's 2026 to 2027 registration form repeats the fee table and instructs that the fee be remitted with the form.

3. Calling hours

A telemarketer may not "Place unsolicited consumer telephone communications to any residence which will be received before 9 a.m. or after 9 p.m. at the consumer's local time or place any unsolicited consumer telephone communications on Sunday" (§ 37-30A-3(2)). The window opens one hour later than the federal 8 a.m. start, and South Dakota bans Sunday solicitations entirely. Because the rule applies to "unsolicited consumer telephone communications," it covers texts and does not apply to communications within the § 37-30A-1(5) exceptions.

4. Call frequency

South Dakota does not cap the number of solicitation calls. Section 37-30A-3(3) prohibits "any conduct which harasses, intimidates, or torments any person in connection with the telephone communication."

5. Required disclosures and the thirty-second inquiry

"Any telemarketer who makes an unsolicited consumer telephone communication to a residential telephone number shall: (1) On caller identification technologies, use and display the telemarketer's authentic name or entity and telephone number; (2) Immediately identify themselves with their true name, the true name of the telemarketer by whom they are employed, and the true name and address of the business on whose behalf the person is soliciting and the purpose of the communication; (3) Within thirty seconds after beginning the conversation, inquire whether the person being solicited is interested in listening to a sales presentation and immediately discontinue the solicitation if the person being solicited gives a negative response; and (4) Immediately hang up the telephone at any time during the solicitation that the consumer expresses a disinterest in the good or service offered." (§ 37-30A-2.)

The thirty-second inquiry is a distinctive South Dakota requirement with no federal counterpart.

6. Caller ID and spoofing

South Dakota addresses caller ID in three places.

• Telemarketing chapter. In addition to the affirmative display obligation in § 37-30A-2(1), a telemarketer may not "Cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the identity of the caller or entity as described in subdivision 37-24-6 (16)" (§ 37-30A-3(4)).
• Deceptive practices act. It is a deceptive act or practice to "Cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the origin of a telephone solicitation" (§ 37-24-6(16)). Providers of caller ID, telecommunications, broadband or VoIP service are not liable for others' violations, and "It is not a violation of this subdivision: (a) For a telephone solicitor to utilize the name and number of the entity the solicitation is being made on behalf of rather than the name and number of the telephone solicitor; (b) If an authorized activity of a law enforcement agency; or (c) If a court order specifically authorizes the use of caller identification manipulation." Violations of § 37-24-6 are crimes graded by amount: "Each act in violation of this section under one thousand dollars is a Class 1 misdemeanor."
• Criminal telecommunications provision. It is a Class 1 misdemeanor "to contact or to attempt to contact another person and, in so doing, intentionally cause to be displayed as caller identification, a fictitious or misleading name or telephone number: (a) To defraud, cause harm, or wrongfully obtain anything of value from another person; or (b) Of another person who has not granted the person the right to display that other person's name or phone number, as applicable" (§ 49-31-31(5)). Exceptions cover law enforcement, protective services and domestic violence shelters, telecommunications companies blocking or passing through caller ID data, and court-ordered manipulation (§ 49-31-31.2).

Unlike the federal Truth in Caller ID Act, the § 37-24-6(16) and § 37-30A-3(4) prohibitions contain no intent-to-defraud element, and § 37-30A-2(1) affirmatively requires display of the telemarketer's authentic name or entity and number. Because § 37-24-6(1) uses the word "Knowingly" but subdivision (16) does not, the mental state required for subdivision (16) is not stated in the subdivision itself.

7. Autodialers and prerecorded messages; Facebook v. Duguid

South Dakota has no statute restricting automatic telephone dialing systems or prerecorded messages, and the telemarketing and do-not-call provisions contain no equipment definition. The question decided in Facebook, Inc. v. Duguid, 592 U.S. 395 (2021) (whether equipment must use a random or sequential number generator) therefore does not arise under South Dakota law. Automated and prerecorded calls remain subject to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b), and, when they are unsolicited consumer communications, to the South Dakota hours, disclosure and do-not-call rules. How the thirty-second inquiry in § 37-30A-2(3) applies to a prerecorded message has not been addressed in any decision we located.

8. Text messages

House Bill 1131 (2020 S.D. Sess. Laws ch. 171) amended § 37-30A-1 so that "Telemarketer" includes solicitation "by text" and "Unsolicited consumer telephone communication" means "a consumer telephone call or text." The hours, disclosure and caller ID rules of §§ 37-30A-2 and 37-30A-3 therefore apply to marketing texts. The do-not-call provisions in chapter 49-31 use the terms "telephone solicitation call" and "unsolicited telephone call," which were not amended to mention texts.

9. Do-not-call register

Prohibition. "Any telephone solicitor who makes unsolicited telephone calls shall institute procedures that comply with the provisions of this chapter for obtaining a list of persons who do not wish to receive unsolicited telephone calls made by or on behalf of the telephone solicitor. No telephone solicitor may make an unsolicited telephone call to any number listed on the register." (§ 49-31-99.)

What the register is. The statute authorizes a state register (§ 49-31-101) but provides that "the commission may use the national 'do-not-call' registry established and maintained by the Federal Trade Commission as the register" (§ 49-31-103). The PUC has done so: "The commission shall use the South Dakota residential telephone subscribers listed in the national 'do-not-call' registry that is established and maintained by the Federal Trade Commission as the register for South Dakota." (ARSD 20:10:35:02.) "A residential telephone subscriber is not charged a fee to be included in the register." (ARSD 20:10:35:05.)

Who is protected. A "Residential telephone subscriber" is "any person residing in the state who has residential telephone service, including cellular service, personal communications service, and wireless local loop service, primarily used for personal use" (§ 49-31-1(20)).

Covered calls and exceptions. A "Telephone solicitation call" is "any call made to a South Dakota consumer by a telephone solicitor, originating from South Dakota or elsewhere, for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes" (§ 49-31-1(30)). An "unsolicited telephone call" excludes calls made "(1) In response to an express request of the person called; (2) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; or (3) To any person with whom the telephone solicitor, or any business or financial institution on whose behalf the telephone call is being made has an established business relationship" (§ 49-31-1.5). The established business relationship is defined with the federal eighteen-month and three-month periods, and "The relationship must not have been previously terminated by either party." (§ 49-31-1.6.) Charitable 501(c)(3) organizations calling "solely to solicit a charitable donation" are not telephone solicitors (§ 49-31-1(31)).

Obtaining and updating the list. Solicitors "shall obtain a copy of the register" (§ 49-31-102), obtained "from the Federal Trade Commission" for "area codes used in South Dakota" (ARSD 20:10:35:06), and must "make updates from the South Dakota register every thirty-one days" (ARSD 20:10:35:11). Register information may be used "only" for chapter 49-31 purposes (ARSD 20:10:35:07). A grace period applies: "Any telephone solicitation made to a person whose name first appears on the register is not a violation of §§ 49-31-99 to 49-31-108, inclusive, if the solicitation is made within thirty days of the receipt of the register." (§ 49-31-108.)

South Dakota law does not separately require company-specific do-not-call lists, but § 37-30A-2(3) and (4) require an immediate end to the solicitation when the consumer declines or expresses disinterest.

10. Written confirmation, payment and cancellation

South Dakota's telephone sales rules are among the strictest in the country. "Any verbal agreement made by a consumer to purchase any goods or services from a telemarketer is not valid and legally binding unless the telemarketer receives from the consumer a signed written confirmation that discloses in full the terms of the sale agreed upon." (§ 37-30A-4.) The confirmation must include the telemarketer's true business name, contact and return addresses, a detailed description of the goods or services, all prices and fees, the date, any per-minute call charges, a duplicate copy for the consumer, and, in twelve-point bold type immediately before the signature line, the statement "YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONFIRMATION AND RETURN IT TO THE SELLER." (§ 37-30A-5.)

"A telemarketer may not make or submit any charge to the consumer's credit card or bank account until the telemarketer has received from the consumer an original copy of the written confirmation, signed by the consumer, that complies with § 37-30A-5." Goods sent without the confirmation are treated as unordered merchandise under § 37-24-2, and "No consumer is liable for payment for any good or service provided by the telemarketer unless the telemarketer has first received the written consent of the consumer in the form of a confirmation as required by § 37-30A-5." (§ 37-30A-6.)

If a consumer pays by check, cash or other non-card means without a signed confirmation, "the consumer may choose at any time to cancel the sale by notifying the telemarketer in writing, if the consumer returns to the telemarketer the goods sold in substantially the same condition as when they were received by the consumer," and the telemarketer must refund payments, return trade-ins and terminate security interests "within ten business days" (§ 37-30A-7).

Refund-policy alternative. "The provisions of §§ 37-30A-4 to 37-30A-8, inclusive, do not apply to a transaction in which the consumer may obtain a full refund for the return of undamaged and unused goods, or a cancellation of services, if notice is sent to the seller within ten days after receipt by the consumer, and the seller processes the refund within thirty days after receipt of the returned merchandise by the consumer or the refund for any services not performed on a pro rata basis." The privilege must be disclosed orally or in writing with promotional material, and in writing with delivery (§ 37-30A-10). Section 37-30A-11 sets the related refund duties.

11. Exemptions

In addition to the communication-level exceptions in § 37-30A-1(5), "The provisions of this chapter do not apply to a transaction: (1) Made by a merchant who operates an established business that has a fixed permanent location, who displays or offers consumer goods or services for sale on a continuing basis, and less than twenty-five percent of total new sales are made by unsolicited consumer telephone communications; (2) In which the business establishment making the solicitation is establishing a business-to-business relationship or has a clear, preexisting business relationship with the consumer, if that relationship resulted in the consumer becoming aware of the full name, business address, and telephone number of the establishment; or (3) In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalog, or other mailing material of the telemarketer" that contains specified disclosures (§ 37-30A-8). "A telemarketer claiming an exemption from the provisions of this chapter has the burden of proving the exemption." (§ 37-30A-17.) Whether the § 37-30A-8 transaction exclusions also excuse compliance with the hours and disclosure rules for calls that do not result in a transaction is unsettled.

12. Private right of action, damages and limitations

Telemarketing chapter. "A willful violation of this chapter is an unfair or deceptive trade practice and is subject to the relief provided under chapter 37-24." (§ 37-30A-13.) "Any consumer who claims to have been adversely affected by any act or practice declared to be unlawful by this chapter may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of a willful act or practice. In addition, the consumer may collect the court costs and attorney fees expended by the consumer to bring an action under this section." (§ 37-30A-14.) Other remedies are preserved (§ 37-30A-15).

Deceptive practices act. "Any person who claims to have been adversely affected by any act or a practice declared to be unlawful by § 37-24-6 shall be permitted to bring a civil action for the recovery of actual damages suffered as a result of such act or practice." (§ 37-24-31.) "No action under this chapter may be brought more than four years after the occurrence or discovery of the conduct which is the subject of the action." (§ 37-24-33.) Chapter 37-30A has no limitations provision of its own; whether § 37-24-33 governs a § 37-30A-14 claim is not settled.

Do-not-call. Sections 49-31-99 to 49-31-108 contain no private right of action; enforcement is by the PUC.

13. Government enforcement

PUC. "Any person who violates §§ 49-31-99 to 49-31-108, inclusive, or any rules promulgated pursuant to §§ 49-31-99 to 49-31-108, inclusive, is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The commission may impose a civil fine of not more than five thousand dollars for each offense." The PUC must consider business size, "prior offenses and compliance history, and the good faith of the person charged in attempting to achieve compliance." (§ 49-31-108.) Complaints are filed with the PUC, which "shall conduct an appropriate inquiry to determine if a violation has occurred" and may assess a penalty or enter the complaint in the Federal Trade Commission's Consumer Sentinel database (ARSD 20:10:35:12 to 20:10:35:14).

Attorney General. For violations of § 37-24-6 (including caller ID spoofing and willful chapter 37-30A violations), the Attorney General may seek an injunction and "may also recover reasonable attorney's fees and costs" (§ 37-24-23), and for intentional violations "may recover, on behalf of the state, a civil penalty of not more than two thousand dollars per violation" (§ 37-24-27).

Criminal. "Any person who knowingly or intentionally violates this chapter with the intent to defraud a consumer is guilty of a Class 1 misdemeanor." (§ 37-30A-16.)

How South Dakota law differs from federal law

The federal baseline is the TCPA, the Federal Communications Commission (FCC) rule at 47 C.F.R. § 64.1200, and the Federal Trade Commission (FTC) Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310.

Where South Dakota is stricter. The calling window is shorter and Sundays are off limits. The thirty-second inquiry and the immediate hang-up duty go beyond federal opt-out rules. The signed written confirmation requirement, unless the refund alternative in § 37-30A-10 is used, can make an oral telephone sale unenforceable and bar charges until the signed confirmation is received. Caller ID misrepresentation is actionable without proof of intent to defraud. Small and large callers alike must register with the PUC each year, even when the fee is $0.

Where South Dakota is looser. There is no autodialer or prerecorded-message rule, no private do-not-call action, and no per-call statutory damages for non-willful violations. The private remedy requires a willful violation, and the § 37-30A-8 exclusions remove established merchants with less than twenty-five percent of new sales by telephone, existing-relationship sellers, and catalog sales from the chapter.

Where South Dakota follows federal law. The established business relationship periods, the 31-day update cycle, and use of the national registry all mirror federal rules.

Notable enforcement and case law

We found no published federal or South Dakota court decision construing chapter 37-30A or SDCL §§ 49-31-99 to 49-31-108 in searches of govinfo and CourtListener. No case law PDFs are provided for South Dakota.

Recent amendments

• House Bill 1131, 2020 S.D. Sess. Laws ch. 171 (signed March 4, 2020). "An Act to prohibit the use of misleading identification for telephonic communications." It amended § 37-30A-1 to add texts and the Title 58 appointment exception, amended § 37-30A-2 to require authentic caller ID, amended § 37-30A-3 to add the caller ID prohibition, amended § 37-30A-8, and added § 37-24-6(16).
• 2021 S.D. Sess. Laws ch. 200, § 2. Amended § 49-31-108 (PUC civil penalty). The PUC fee rule, ARSD 20:10:35:08, was amended at 47 SDR 125, effective May 30, 2021.
• 2022 S.D. Sess. Laws ch. 170. Amended § 49-31-31 to add the caller ID subdivision and enacted § 49-31-31.2.
• 2024 S.D. Sess. Laws ch. 165 and 2025 S.D. Sess. Laws ch. 198. Amended § 37-24-6; we did not confirm that these changes affect telemarketing.

Practical compliance checklist

1. File the PUC telephone solicitor registration and pay the headcount-based fee before October 1 each year, and before the first unsolicited call to a South Dakota resident; list a South Dakota registered agent.
2. Restrict unsolicited calls and texts to 9 a.m. to 9 p.m. at the consumer's local time, Monday through Saturday; suppress Sundays entirely.
3. Display the telemarketer's authentic name or entity and telephone number on caller ID; do not block caller ID or use a number that misrepresents the caller.
4. Script the opening: true caller name, telemarketer name, seller name and address, and purpose, followed within thirty seconds by a question whether the consumer wants to hear a sales presentation; end the call on a negative answer or any expression of disinterest.
5. Scrub South Dakota area codes against the National Do Not Call Registry at least every 31 days, and document any established business relationship within the 18-month and 3-month periods.
6. For telephone sales, either send a signed written confirmation that meets § 37-30A-5 (with the bold twelve-point notice) and charge nothing until it is returned, or offer and disclose the ten-day full-refund privilege in § 37-30A-10.
7. Maintain records proving any claimed exemption, because the telemarketer bears the burden under § 37-30A-17.
8. Treat texts as covered by every chapter 37-30A rule, and comply with federal consent rules for automated and prerecorded calls.

References

• SDCL chapter 37-30A (Telemarketing): https://sdlegislature.gov/Statutes/37-30A
• SDCL chapter 49-31 (Telecommunications Services, including §§ 49-31-1, 49-31-1.5, 49-31-1.6, 49-31-31, 49-31-31.2, 49-31-99 to 49-31-108): https://sdlegislature.gov/Statutes/49-31
• SDCL chapter 37-24 (Deceptive Trade Practices and Consumer Protection): https://sdlegislature.gov/Statutes/37-24
• ARSD chapter 20:10:35 (Do-not-call register rules): https://sdlegislature.gov/Rules/Administrative/20:10:35
• South Dakota Public Utilities Commission, Telephone Solicitors: https://donotcall.sd.gov/solicitors.aspx
• South Dakota Public Utilities Commission, Telephone Solicitor Registration (2026 to 2027): https://donotcall.sd.gov/solicitorregistration2026.pdf
• 2020 S.D. Sess. Laws ch. 171 (HB 1131): https://mylrc.sdlegislature.gov/api/Documents/SessionLaw/70699.pdf?Year=2020
• 47 U.S.C. § 227: https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm
• 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.