Mini-TCPA in effectLast verified 2026-10-07

South Dakota TCPA and telemarketing law

South Dakota has its own telemarketing statute with a private right of action.

At a glance
StatuteSDCL ch. 37-30A; SDCL §§ 49-31-99 to 49-31-108↗
Consent standardNo state-specific consent standard↗
Stricter than federalNo↗
Private right of actionYes↗
Statutory damages$500 / violation↗
Covers text messagesYes↗
Cure periodNot yet verified
The federal layerApplies in every state
Delayed
Revocation must apply across all unrelated matters
An opt-out on one subject applies to all unrelated marketing
2027-01-31↗
In effect
Revocation by any reasonable method; no exclusive means
Honor within 10 business days, by any reasonable method
2025-04-11↗
Vacated
One-to-one consent for lead generators
Struck down by the Eleventh Circuit
2025-01-24↗
What’s different here

South Dakota regulates telemarketing in two places. SDCL chapter 37-30A requires a telemarketer making an unsolicited call or text to a residence to display an authentic caller ID, identify itself and the purpose, ask within thirty seconds whether the person wants to hear a sales presentation, and stop if they say no. Calls are barred before 9 a.m., after 9 p.m., and on Sundays, and a verbal sale is not binding without a signed written confirmation. SDCL 49-31-99 to 49-31-108 bars unsolicited calls to numbers on the state do-not-call register.

No South Dakota statute requires consent before a call. A consumer harmed by a willful violation of chapter 37-30A may sue for twice actual damages or $500, whichever is greater, plus costs and attorney fees. The Public Utilities Commission may fine do-not-call violators up to $5,000 per offense.

Source: SDCL ch. 37-30A; SDCL §§ 49-31-99 to 49-31-108 ↗

Compliance checklistFederal baseline
01Consent language names the calling party, not “our partners”
02Checkbox unchecked by default and unbundled from terms
03Opt-outs accepted by any reasonable method, not STOP only
04Suppression propagates across voice, SMS, and email
More on South Dakota8 sections
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