What consent is required for Cold Calling in South Dakota?

South Dakota follows federal TCPA consent rules. ATDS or prerecorded calls to cell phones require prior express written consent.

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 $2,000 per violation (or $5,000 for willful violations).

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 — Updated 2025

TCPA Standard

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$2,000

Registration

Not Required

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

South Dakota Cold Calling Compliance

Voice call compliance rules for outbound telemarketing in South Dakota

Consent Requirements

Consent LevelPrior Express

Checkbox ConsentValid

StatuteSDCL § 49-31-29 et seq.; 47 U.S.C. § 227

Manual cold calling is permitted in SD with registration, DNC scrubbing, and calling hour compliance. No state mini-TCPA with private right of action. Federal TCPA is the primary litigation risk. SD requires telemarketer registration with the PUC before making any solicitation calls.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationNot Required

Penalty / Violation$2,000

Willful Violation$5,000

Private Right of ActionNo

Cold Calling Compliance Checklist

01Verify calling hours in recipient's local timezone

02Scrub against National DNC Registry (every 31 days minimum)

03Scrub against state DNC list if applicable

04Maintain internal opt-out/DNC list

05Identify yourself and your company at start of call

06Provide contact information on request

07Honor opt-out requests immediately

08Ensure consent if using ATDS or prerecorded messages

09Register as telemarketer if state requires

10Document all consent and opt-out records

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 →