What consent is required for Ringless Voicemail in South Dakota?

South Dakota has a mini-TCPA (SDCL ch. 37-30A; SDCL §§ 49-31-99 to 49-31-108) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

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 $500 per violation. Private right of action available.

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

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

South Dakota Ringless Voicemail Compliance

RVM (ringless voicemail drop) compliance rules in South Dakota

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

South Dakota has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for Ringless Voicemail operations here.

Consent Requirements

Consent LevelWritten Consent Required

Federal one-to-one consent rule: vacated

The FCC rule requiring consent to name each seller was vacated by the Eleventh Circuit on January 24, 2025 and never took effect. Source

Checkbox ConsentNot sufficient

Statute47 U.S.C. § 227; FCC rulings on ringless voicemail

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.

Full consent requirements for all channels →

Calling Rules

Calling Hours8:00 AM – 9:00 PM

RegistrationNot Required

Penalty / Violation$500

Willful ViolationNot yet verified

Private Right of ActionYES

Ringless Voicemail Compliance Checklist

01Legal status is unsettled — treat as prerecorded call

02Obtain prior express written consent to be safe

03Check if your state has banned or restricted RVMs

04Include your company name and callback number in message

05Provide opt-out instructions in the message

06Honor opt-out requests from any channel

07Apply calling-hours rules — time of delivery matters

08Scrub DNC lists before sending

09Do not send to numbers on national or state DNC lists

10Consult counsel before deploying at scale in high-risk states

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 →