What consent is required for Prerecorded Messages 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 Prerecorded Messages Compliance

Robocall and prerecorded message compliance rules in South Dakota

Consent Requirements

Consent LevelPrior Express

Checkbox ConsentValid

StatuteSDCL § 49-31-30; 47 U.S.C. § 227

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.

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

Prerecorded Messages Compliance Checklist

01Prior express written consent required for most prerecorded calls

02Disclose name and phone number of calling company at start

03Provide automated opt-out mechanism during call

04Do not abandon calls — hang-up rate limits apply

05Cannot use prerecorded messages on cell phones without consent

06Apply same calling-hours restrictions as live calls

07Scrub DNC lists before every campaign

08Register as telemarketer if state requires

09Do not transmit inaccurate caller ID

10Document consent for every number you call

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 →