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South Dakota

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 Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in South Dakota

Real estate investor cold calling and SMS compliance in South Dakota

Guide last reviewed: January 2025

South Dakota REI Wholesaling Overview

South Dakota is a lower-risk state for REI cold calling. The key requirements: register with the PUC, show your real caller ID, scrub DNC lists, and call during permitted hours. There is no state mini-TCPA creating a private right of action, so the litigation risk is primarily federal TCPA. Manual dialing after DNC scrubbing remains the safest approach. Automated outreach requires federal TCPA-level consent. The PUC registration requirement is a unique SD feature that many out-of-state operators miss.

Penalty/Violation

$2,000

Willful

$5,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Compliance Checklist

✓Register with SD Public Utilities Commission before making any solicitation calls,Scrub all call lists against the federal National DNC Registry and SD DNC list,Manual (human) dialing is permitted for cold calling with DNC compliance,Comply with federal TCPA for any automated dialing, texting, or prerecorded messages,Call only between 8:00 AM and 9:00 PM local time,Display real caller ID — caller ID blocking is prohibited in SD,Identify yourself, your company, and purpose of call at the beginning,Prior express written consent required before any ATDS or prerecorded calls to cell phones under federal TCPA,Existing business relationship exemption covers past sellers — manual calls only recommended,Keep consent and DNC scrub records for at least 5 years

What Gets Companies Sued

✗Common violations for REI wholesalers in SD: (1) Failing to register with the PUC before making telemarketing calls; (2) Spoofing or blocking caller ID; (3) Using auto-dialers or prerecorded messages without prior written consent; (4) Calling DNC-listed numbers; (5) Failing to identify themselves at the start of the call.

Special Exemptions

SD existing business relationship exemption covers past sellers/clients for state-law purposes. No state mini-TCPA with private right of action. Federal TCPA is the primary litigation risk. PUC registration required but the process is straightforward.

Key State Rules

Mini-TCPANo

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 →