What consent is required for AI Voice in South Dakota?

South Dakota has a mini-TCPA (SDCL ch. 37-30A; SDCL §§ 49-31-99 to 49-31-108) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in South Dakota?

South Dakota restricts telemarketing calls to 08:00:00–21:00:00 local time.

What is the penalty per violation in South Dakota?

Up to $500 per violation. Private right of action available.

Is registration required to telemarket in South Dakota?

South Dakota does not require separate telemarketer registration; federal FTC rules still apply.

Home / States / South Dakota

South Dakota Telecom Compliance Guide

Telecom Compliance Reference

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$500

Registration

Not Required

Overview Calling Hours Consent Registration DNC Compliance DNC Registry Enforcement Case Law Legislation

South Dakota AI Voice Compliance

AI-generated voice agent compliance rules in South Dakota

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Mini-TCPA State — SDCL ch. 37-30A; SDCL §§ 49-31-99 to 49-31-108

South Dakota has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for AI Voice operations here.

Consent Requirements

Consent LevelWritten Consent Required

Federal one-to-one consent rule: vacated

The FCC rule requiring consent to name each seller was vacated by the Eleventh Circuit on January 24, 2025 and never took effect. Source

Checkbox ConsentNot sufficient

StatuteSDCL § 49-31-30; 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024

AI-generated voice calls are treated as artificial/prerecorded voice under the FCC's February 2024 ruling. Prior express written consent required under federal TCPA. South Dakota has no specific AI voice law, so federal rules govern entirely.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationNot Required

Penalty / Violation$500

Willful ViolationNot yet verified

Private Right of ActionYES

AI Voice Compliance Checklist

01Disclose AI nature at start of call — many states require this

02Obtain prior express consent before using AI voice

03Honor opt-out during the call immediately

04Check if state's ATDS definition covers AI voice dialers

05Apply same calling-hours rules as live agents

06Scrub DNC lists before each campaign

07Maintain call records and consent documentation

08Register as telemarketer if state requires

09Ensure AI cannot misrepresent itself as human

10Check for state-specific AI disclosure mandates

This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

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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 →