South Dakota TCPA and telemarketing law
South Dakota has its own telemarketing statute with a private right of action.
| Statute | SDCL ch. 37-30A; SDCL §§ 49-31-99 to 49-31-108 | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $500 / violation | ↗ |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
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.