South Dakota Telemarketing and Cold Calling Laws
In South Dakota, live sales calls follow the federal 8 a.m. to 9 p.m. window, the National Do Not Call Registry applies, and recording a call needs one party’s consent.
South Dakota rules next to federal law
| Rule | South Dakota | Federal baseline |
|---|---|---|
| Calling hours | No state hours rule for live sales calls. Telephone solicitations made with an automatic telephone dialing system (prerecorded message, no live operator) are allowed only on weekdays between 9 a.m. and 9 p.m. South Dakota time.SDCL 37-30-28 | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| State do-not-call list | State law bars unsolicited calls to numbers on the PUC's do-not-call 'register' of residential subscribers, and the PUC may use the National Do Not Call Registry as that register; the PUC's consumer page directs residents to the national registry. Calls to a newly listed number within 30 days of receiving the register are not violations.SDCL 49-31-99, 49-31-101, 49-31-103, 49-31-108 | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Autodialer and consent | Solicitations using an automatic telephone dialing system (one that plays a prerecorded message without a live operator) may not be made to any cellular or paging phone, emergency line, or unlisted, unpublished or toll-free number in the state, and must immediately disclose the caller and purpose. The device must disconnect within 20 seconds of hang-up; violations are Class 2 misdemeanors.SDCL 37-30-23, 37-30-26 to 37-30-28 | Autodialed or prerecorded telemarketing calls to wireless numbers need the called person’s prior express written consent.47 C.F.R. § 64.1200(a)(2) |
| Caller ID | It is a Class 1 misdemeanor to cause a fictitious or misleading name or number to appear as caller ID with intent to defraud, cause harm or wrongfully obtain anything of value, or to display another person's name or number without that person's permission.SDCL 49-31-31(5) | Telemarketers must transmit caller ID with a number that can be called back during business hours.47 C.F.R. § 64.1601(e) |
| Telemarketer registration | Telephone solicitors making unsolicited calls to South Dakota residential subscribers must register with the Public Utilities Commission and pay an annual fee by Oct. 1 (registration runs Oct. 1 to Sept. 30), tiered by employee count from $0 (5 or fewer) to $500 (over 1,000). Anyone using an automatic telephone dialing system for solicitations must also register that use with the PUC at least 10 business days in advance.SDCL 49-31-105; ARSD 20:10:35:08 to 20:10:35:10; SDCL 37-30-25 | No general federal equivalent |
| Call recording consent | Recording a communication by a party to it, or with the consent of a party, is not a crime.SDCL 23A-35A-20 | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | The do-not-call register covers residential subscribers whose service is primarily for personal use, and a 'telephone solicitation call' is one selling consumer goods or services, so B2B calls to business lines fall outside it. The autodialer statute expressly excludes 'business-to-business contacts.'SDCL 49-31-1(20), (30); SDCL 37-30-24(4) | No general federal equivalent |
Recent changes
- 2022: HB 1214 (SL 2022, ch 170) amended SDCL 49-31-31 to make misleading caller ID (spoofing) with intent to defraud or harm, or using another's name or number without permission, a Class 1 misdemeanor.
- 2021: the PUC civil-penalty statute (SDCL 49-31-108, up to $5,000 per offense) was amended (SL 2021, ch 200), and the solicitor fee rule ARSD 20:10:35:08 was amended effective May 30, 2021; fees are now tiered by employee count up to $500.
Calling South Dakota from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry before each campaign, and honor opt-outs right away.
- If a call may cross into an all-party state, announce the recording anyway.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
South Dakota calling questions
What are the legal calling hours in South Dakota?
No state hours rule for live sales calls. Telephone solicitations made with an automatic telephone dialing system (prerecorded message, no live operator) are allowed only on weekdays between 9 a.m. and 9 p.m. South Dakota time. (SDCL 37-30-28). Federal law also limits telephone solicitations to 8 a.m. to 9 p.m. local time.
Does South Dakota have its own do-not-call list?
State law bars unsolicited calls to numbers on the PUC's do-not-call 'register' of residential subscribers, and the PUC may use the National Do Not Call Registry as that register; the PUC's consumer page directs residents to the national registry. Calls to a newly listed number within 30 days of receiving the register are not violations. (SDCL 49-31-99, 49-31-101, 49-31-103, 49-31-108)
Is South Dakota a one-party or all-party consent state for recording calls?
Recording a communication by a party to it, or with the consent of a party, is not a crime. (SDCL 23A-35A-20)
Do South Dakota telemarketing rules apply to business-to-business calls?
The do-not-call register covers residential subscribers whose service is primarily for personal use, and a 'telephone solicitation call' is one selling consumer goods or services, so B2B calls to business lines fall outside it. The autodialer statute expressly excludes 'business-to-business contacts.' (SDCL 49-31-1(20), (30); SDCL 37-30-24(4))
Do telemarketers need to register in South Dakota?
Telephone solicitors making unsolicited calls to South Dakota residential subscribers must register with the Public Utilities Commission and pay an annual fee by Oct. 1 (registration runs Oct. 1 to Sept. 30), tiered by employee count from $0 (5 or fewer) to $500 (over 1,000). Anyone using an automatic telephone dialing system for solicitations must also register that use with the PUC at least 10 business days in advance. (SDCL 49-31-105; ARSD 20:10:35:08 to 20:10:35:10; SDCL 37-30-25)
This page summarizes South Dakota and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.