⚠ Penalty Exposure — South Dakota
Per Violation
$2,000
Willful
$5,000
AG Max/Violation
$10,000
10,000 Calls
$20,000,000
= exposure
Overview
South Dakota has minimal state telemarketing regulation beyond federal TCPA. The AG can enforce under the Deceptive Trade Practices and Consumer Protection Act (SDCL § 37-24). No state DNC list, no registration requirement. Primarily relies on federal TCPA and TSR enforcement.
Consent Requirements by Channel
| Channel | Consent Required | One-to-One |
|---|---|---|
| Voice Call | Prior Express | — |
| SMS | Prior Express | — |
| Prerecorded | Prior Express | — |
| AI Voice | Written Consent Required | Required |
| Ringless VM | Written Consent Required | Required |
| Fax | Prior Express | — |
| MMS | Prior Express | — |
Recent Enforcement Actions
Great Plains Auto Sales LLC
$85,000Apr 2024 · automotive
SD AG enforced telemarketer registration requirements.
FTC v. Avid Telecom (SD portion)
Nov 2023 · telecom
Multistate robocall enforcement.
Key Rules
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →