South Dakota telemarketing & SMS rules for insurance agents

South Dakota bars a telemarketer from placing unsolicited consumer telephone communications, including texts, to a residence that will be received before 9:00 a.m. or after 9:00 p.m. at the consumer's local time, and from placing any on Sunday (SDCL 37-30A-3(2)) — a start one hour later than the federal 8:00 a.m. and a full-day Sunday ban that federal law does not have (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). South Dakota uses the national do-not-call registry as its state register, but a telephone solicitor making unsolicited calls to South Dakota residential subscribers must pay the Public Utilities Commission an annual fee of $0 to $500 depending on its number of employees or agents before calling (SDCL 49-31-105; ARSD 20:10:35:08–:09). A call or text made to set a date and time for an appointment with a person licensed under Title 58 (Insurance), to take place at a mutually agreeable physical location, is not an unsolicited consumer telephone communication (SDCL 37-30A-1(5)(e)).

South Dakota regulates telephone solicitation under the South Dakota telemarketing law (SDCL chapter 37-30A) and telephone solicitation do-not-call provisions (SDCL §§ 49-31-99 to 49-31-108), with Public Utilities Commission rules (ARSD chapter 20:10:35) (SDCL §§ 37-30A-1 to 37-30A-17; SDCL §§ 49-31-99 to 49-31-108; ARSD 20:10:35:01 to 20:10:35:14), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-15.

What time can I call in South Dakota?

9:00 a.m. to 9:00 p.m. at the consumer's local time, Monday through Saturday, for unsolicited consumer telephone communications to a residence. SDCL 37-30A-3(2): a telemarketer may not "Place unsolicited consumer telephone communications to any residence which will be received before 9 a.m. or after 9 p.m. at the consumer's local time or place any unsolicited consumer telephone communications on Sunday." A call received at 8:30 a.m., which the federal 8:00 a.m.–9:00 p.m. rule permits (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)), falls outside South Dakota's window. The hours limit in 37-30A-3(2) refers to communications "to any residence"; the Sunday clause does not repeat that phrase.

Are there Sunday or holiday restrictions in South Dakota?

Sunday: no unsolicited consumer telephone communications at all. SDCL 37-30A-3(2) prohibits a telemarketer from placing "any unsolicited consumer telephone communications on Sunday." Chapter 37-30A contains no holiday rule.

What consent does South Dakota require before the first call or text?

Chapter 37-30A and SDCL 49-31-99 to 49-31-108 contain no prior-express-consent requirement of the kind in federal law. Instead, a communication is not an "unsolicited consumer telephone communication" — and so is outside the hours, Sunday and disclosure rules — if it is made in response to an express request of the person called or texted; primarily in connection with an existing debt or contract whose payment or performance has not been completed; to a person with whom the telemarketer has an existing business relationship; by a newspaper publisher or its agent or employee in connection with the publisher's business; or to set a date and time for an appointment with a Title 58 licensee at a mutually agreeable physical location (SDCL 37-30A-1(5)). A verbal agreement to buy goods or services from a telemarketer is not valid and legally binding unless the telemarketer receives the consumer's signed written confirmation disclosing the full terms (SDCL 37-30A-4), and the telemarketer may not charge the consumer's credit card or bank account until it receives that signed confirmation (SDCL 37-30A-6). Those written-confirmation rules do not apply to a transaction in which the consumer may obtain a full refund for returned undamaged, unused goods, or cancel services, on notice within ten days, where the seller processes the refund within thirty days and discloses the return and refund privilege as the statute requires (SDCL 37-30A-10).

Does South Dakota treat texting differently from calling?

Yes, under chapter 37-30A. An "unsolicited consumer telephone communication" is "a consumer telephone call or text" other than the excluded communications (SDCL 37-30A-1(5)), and a "telemarketer" includes a person who initiates a sale "by text, telephonic means, or by postcard" (SDCL 37-30A-1(4)), so the 9:00 a.m.–9:00 p.m. window, the Sunday ban and the disclosure rules apply to sales texts. The do-not-call and fee provisions in SDCL 49-31-99 to 49-31-108 refer to unsolicited telephone calls and "telephone solicitation call[s]" and do not mention texts.

Does South Dakota have its own do-not-call list?

South Dakota's register is the national registry. The statute directs the Public Utilities Commission to maintain a register of South Dakota residential telephone subscribers who have elected not to receive unsolicited telephone calls (SDCL 49-31-101) but lets it use the Federal Trade Commission's national do-not-call registry as the register (SDCL 49-31-103), and the Commission's rule provides that it "shall use the South Dakota residential telephone subscribers listed in the national 'do-not-call' registry that is established and maintained by the Federal Trade Commission as the register for South Dakota" (ARSD 20:10:35:02). No telephone solicitor may make an unsolicited telephone call to any number on the register (SDCL 49-31-99). A solicitor that intends to make unsolicited calls to South Dakota residential subscribers must obtain the registry for South Dakota area codes from the FTC (ARSD 20:10:35:06) and update from the register every thirty-one days (ARSD 20:10:35:11). A solicitation to a person whose name first appears on the register is not a violation if made within thirty days of receipt of the register (SDCL 49-31-108). A "residential telephone subscriber" includes a person residing in South Dakota with cellular service primarily used for personal use (SDCL 49-31-1(20)).

Do I need to register to solicit in South Dakota?

Yes, as an annual Public Utilities Commission filing and fee. "Any telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall pay to the commission an annual fee of not more than five hundred dollars" (SDCL 49-31-105). By Commission rule the fee is $0 for a company employing 5 or fewer employees or agents, $50 for 6 to 49, $100 for 50 to 100, $200 for 101 to 249, $300 for 250 to 499, $400 for 500 to 999, and $500 for over 1,000; it is valid for one year beginning October 1 and must be renewed by October 1 each year (ARSD 20:10:35:08). The fee is due before any unsolicited telephone call to a South Dakota residential subscriber (ARSD 20:10:35:09), and each solicitor must provide its name, address, telephone and fax numbers, FEIN, number of employees, a contact email address, and the name and address of its registered agent for service of process in South Dakota (ARSD 20:10:35:10). The only exclusion in the definition of "telephone solicitor" is for § 501(c)(3) not-for-profit or charitable organizations making calls solely to solicit a charitable donation (SDCL 49-31-1(31)).

Are licensed insurance agents exempt in South Dakota?

No general exemption, one specific exclusion. SDCL 37-30A-1(5)(e) excludes from "unsolicited consumer telephone communication" a communication "To any person for the purpose of establishing a date and time for an appointment with a person licensed under Title 58 which will take place at a mutually agreeable physical location"; Title 58 of the South Dakota Codified Laws is the insurance title. A call or text within that exclusion is outside the 9:00 a.m.–9:00 p.m. window, the Sunday ban (SDCL 37-30A-3(2)) and the disclosure rules (SDCL 37-30A-2), which apply only to unsolicited consumer telephone communications. The exclusion's text covers communications made for the purpose of setting an appointment at a physical location; it does not mention calls that also present a sale, or appointments held by phone or video. A telemarketer claiming an exemption from chapter 37-30A has the burden of proving it (SDCL 37-30A-17). Chapter 37-30A contains no other insurance-specific provision, and the definition of "telemarketer" in SDCL 37-30A-1(4) does not say whether a licensed insurance producer's own sales calls are covered; the conservative course is to follow the 9:00 a.m.–9:00 p.m. and no-Sunday limits for all other unsolicited sales calls and texts to South Dakota residences. The do-not-call and annual-fee provisions (SDCL 49-31-99 to 49-31-108; ARSD 20:10:35) contain no insurance exemption; the "telephone solicitor" definition excludes only § 501(c)(3) charities soliciting donations (SDCL 49-31-1(31)).

What are the penalties in South Dakota?

A willful violation of chapter 37-30A is an unfair or deceptive trade practice subject to the relief in chapter 37-24 (SDCL 37-30A-13). A consumer adversely affected may sue for "twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of a willful act or practice," plus court costs and attorney fees (SDCL 37-30A-14). Knowingly or intentionally violating the chapter with intent to defraud a consumer is a Class 1 misdemeanor (SDCL 37-30A-16), punishable by up to one year in county jail or a $2,000 fine, or both (SDCL 22-6-2(1)). For the do-not-call and fee provisions, the Public Utilities Commission may, after notice and opportunity for hearing, impose a civil fine of not more than $5,000 for each offense, considering the size of the business, prior offenses and compliance history, and good faith (SDCL 49-31-108). A telemarketer claiming an exemption from chapter 37-30A has the burden of proving it (SDCL 37-30A-17).

Controlling statute

South Dakota telemarketing law (SDCL chapter 37-30A) and telephone solicitation do-not-call provisions (SDCL §§ 49-31-99 to 49-31-108), with Public Utilities Commission rules (ARSD chapter 20:10:35) — SDCL §§ 37-30A-1 to 37-30A-17; SDCL §§ 49-31-99 to 49-31-108; ARSD 20:10:35:01 to 20:10:35:14

Other things that change the answer

A telemarketer making an unsolicited consumer telephone communication to a residential number must display its authentic name or entity and telephone number on caller ID; immediately give its true name, the telemarketer's true name, and the true name and address of the business on whose behalf it is soliciting and the purpose of the communication; within thirty seconds ask whether the person is interested in listening to a sales presentation and immediately stop if the answer is no; and hang up whenever the consumer expresses disinterest (SDCL 37-30A-2). Chapter 37-30A does not apply to a transaction made by a merchant with an established business at a fixed permanent location that offers goods or services on a continuing basis and makes less than twenty-five percent of total new sales by unsolicited consumer telephone communications; to a transaction in which the business is establishing a business-to-business relationship or has a clear, preexisting business relationship with the consumer that made the consumer aware of the establishment's full name, business address and telephone number; or to certain purchases made from advertisements or mailings that fully disclose the offer (SDCL 37-30A-8). For enforcement, a telemarketing sale takes place in the state where the consumer is located (SDCL 37-30A-12). The hours and Sunday rule in SDCL 37-30A-3 was last amended in 2020 (SL 2020, ch 171).

Sources

• SDCL chapter 37-30A — Telemarketing (section list)primary source
• SDCL 37-30A-1 — Definitionsprimary source
• SDCL 37-30A-2 — Required disclosuresprimary source
• SDCL 37-30A-3 — Unreasonable telemarketer practices (hours, Sunday)primary source
• SDCL 37-30A-8 — Excluded transactionsprimary source
• SDCL 37-30A-10 — Additional excluded transactionsprimary source
• SDCL 37-30A-14 — Civil action permitted for willful violationprimary source
• SDCL 49-31-1 — Definitions (telephone solicitor; residential telephone subscriber)primary source
• SDCL 49-31-99 — Requirements for telephone solicitors making unsolicited callsprimary source
• SDCL 49-31-105 — Annual fee for unsolicited calls by telephone solicitorsprimary source
• SDCL 49-31-108 — Telephone solicitation violations; civil penaltyprimary source
• SDCL 22-6-2 — Misdemeanor classes and penaltiesprimary source
• ARSD chapter 20:10:35 — Telecommunications services (do-not-call rules)primary source
• ARSD 20:10:35:02 — Establishment of the registerprimary source
• ARSD 20:10:35:08 — Telephone solicitors shall pay an annual feeprimary source
• South Dakota Public Utilities Commission — Telephone Solicitorsprimary source
• 47 CFR 64.1200 — Delivery restrictions (eCFR)primary source
• 16 CFR 310.4 — Abusive telemarketing acts or practices (eCFR)primary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.