What consent is required for SMS Compliance 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 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.

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

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 →