South Dakota Consent Requirements
What consent you need before calling or texting consumers in South Dakota
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in South Dakota for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Prior Express | No | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Prior Express | No | No | Valid |
| Ringless Voicemail | Written Consent Required | Required | No | Not Sufficient |
| MMS | Prior Express | No | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
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.
ATDS Definition
South Dakota does not have its own ATDS definition. Defaults to federal post-Duguid standard: equipment with random or sequential number generation capability.
Exemptions
Existing business relationship and prior consent provide exemptions from automated call restrictions.
Statute
SDCL § 49-31-29 et seq.; 47 U.S.C. § 227
SMS
Notes
South Dakota has no state-specific SMS telemarketing statute. Text messages are governed by the federal TCPA. Prior express consent required for marketing texts; prior express written consent required if using an ATDS. No state private right of action for unwanted texts.
ATDS Definition
No SD-specific ATDS definition for SMS. Federal TCPA post-Duguid standard applies.
Exemptions
EBR exemption may apply to transactional messages from existing customers.
Statute
SDCL § 49-31-29 et seq.; 47 U.S.C. § 227
AI Voice
Notes
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.
ATDS Definition
No SD-specific AI voice regulation. Federal TCPA and FCC February 2024 declaratory ruling on AI-generated voice apply.
Statute
SDCL § 49-31-30; 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024
Prerecorded
Notes
South Dakota requires prerecorded solicitation calls to connect to a live operator or have prior consent/EBR. Criminal penalty (Class 1 misdemeanor) and PUC administrative fines apply.
ATDS Definition
Prerecorded solicitation calls must have prior consent or EBR. Must connect to live operator when answered.
Exemptions
Prior consent and existing business relationship both provide exemptions.
Statute
SDCL § 49-31-30; 47 U.S.C. § 227
Ringless Voicemail
Notes
Ringless voicemail is not addressed by South Dakota state law. The FCC treats RVM drops as calls under the TCPA, requiring prior express written consent for marketing purposes. Federal TCPA is the sole governing authority for RVM in SD.
ATDS Definition
No SD-specific regulation. FCC treats ringless voicemail drops as calls under the TCPA.
Statute
47 U.S.C. § 227; FCC rulings on ringless voicemail
MMS
Notes
MMS messages treated identically to SMS under federal TCPA. South Dakota has no separate state-level MMS statute.
ATDS Definition
No SD-specific MMS regulation. Federal TCPA applies same as SMS.
Exemptions
Same exemptions as SMS.
Statute
47 U.S.C. § 227
Fax
Notes
South Dakota has no state-level junk fax statute. Federal TCPA and Junk Fax Prevention Act govern. Prior express permission or an established business relationship required.
ATDS Definition
Federal Junk Fax Prevention Act and TCPA fax provisions apply. No SD-specific fax solicitation statute.
Exemptions
EBR provides exemption under federal law.
Statute
47 U.S.C. § 227(b)(1)(C); Junk Fax Prevention Act
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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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 →