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South Dakota

SD

Telecom Compliance Reference — Updated 2025

TCPA Standard

Calling Hours

8:00 AM9:00 PM

Min Penalty

$2,000

Registration

Not Required

South Dakota SMS Compliance Compliance

Text message marketing compliance rules in South Dakota

Consent Requirements

Consent LevelPrior Express
Checkbox ConsentValid
StatuteSDCL § 49-31-29 et seq.; 47 U.S.C. § 227

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.

Calling Rules

Calling Hours8:00 AM9:00 PM
RegistrationNot Required
Penalty / Violation$2,000
Willful Violation$5,000
Private Right of ActionNo

SMS Compliance Compliance Checklist

01Obtain express written consent before sending marketing texts
02Use compliant opt-in language identifying your company
03Honor STOP/OPT-OUT/UNSUBSCRIBE replies immediately
04Send opt-out confirmation within one text
05Disclose message frequency at opt-in
06Include "Msg & Data rates may apply" disclosure
07Do not send texts during prohibited hours
08Scrub against DNC lists before campaigns
09Check if state requires one-to-one consent
10Register 10DLC campaigns before sending
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 →