Does South Dakota require registration for Insurance telemarketers?

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

What is the penalty per violation in South Dakota?

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

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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

Insurance Telemarketing Compliance in South Dakota

Insurance agency telemarketing and lead generation compliance in South Dakota

Guide last reviewed: January 2025

⚠

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

South Dakota imposes stricter consent and calling requirements than federal TCPA.Insurance companies operating here face $500 per-violation penalties.

South Dakota Insurance Overview

Insurance telemarketing in South Dakota requires dual compliance: PUC registration for telemarketing and SD Division of Insurance licensing. Licensed agents calling existing policyholders have the EBR exemption for state-law purposes. Cold calling requires DNC scrubbing and real caller ID. Federal TCPA is the primary litigation risk.

Penalty/Violation

$500

Willful

Not yet verified

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with SD Public Utilities Commission for telemarketing,Obtain proper insurance licensing from SD Division of Insurance,Scrub against federal National DNC Registry and SD DNC list,Display real caller ID — no blocking or spoofing,Call only between 8:00 AM and 9:00 PM local time,Identify yourself, company, insurance license, and purpose immediately,Prior express written consent before automated or prerecorded calls to cell phones,Comply with SD insurance solicitation regulations,Existing policyholders qualify for EBR exemption under state law

What Gets Companies Sued

✗Common violations for insurance telemarketers in SD: (1) Failing to register with PUC; (2) Unlicensed agents making solicitation calls; (3) Caller ID spoofing; (4) Autodial campaigns without written consent; (5) Calling DNC-listed numbers.

Special Exemptions

Licensed insurance agents calling existing policyholders benefit from EBR exemption under SD state law. PUC registration still required for telemarketing activities.

Key State Rules

Mini-TCPAYes

RegistrationNot Required

Class ActionsNot specified

Consent Requirements→Registration Details→DNC List→

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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 →